DUI Accident
N/AOUTCOME: All Charges Dismissed
Defendant was involved in a car accident when he drove under the trailer of a commercial vehicle. Defendant was very badly hurt. He was given a blood test after he was air-lifted to a local hospital. ... The blood registered a high BAC. Defendant was later charged with two counts of DUI. The first count was incapable of safe driving and the second count was having a BAC greater than .16. Because I was familiar with the medical records that come from the hospital in trauma situations I knew that the hospital does not note who drew the blood. This knowledge became invaluable when at the preliminary hearing I kept out the blood test results because the Commonwealth lacked the foundation to get them in. The BAC charge was dismissed and the incapable of safe driving charge was bound over for court. A motion to dismiss the incapable of safe driving charge was filed, argued, and that charge was dismissed as well resulting in all charges against the Defendant to be dropped. My knowledge of hospital procedures, hospital records, and the law are what led to the charges being dismissed against my client without him haveing to go through the expense and torment of a trial.