Fresno DUI Defense Lawyer Discusses Recent Fatal DUI Accident
On September 28, 2016 an accident, allegedly involving a DUI driver caused injuries to multiple people. The headlines read about DUI and Injuries and even included a section about the victim's injuries along with the use of a helicopter to transport one of the injured victims to the hospital. What the article failed to discuss was the fact that the section of road on Friant Road that leads to Table Mountain Casino is the location of a disproportionate about of serious accidents. There are many factors that cause this section of road to be dangerous. There are curvy mountain roads, a disproportionately high rate of late night and early morning travel, along with several changes in ambient light along the route. Many people gather at the casino, which is open 24/7, allowing for sleep deprived individuals to travel at all hours of the day an night. Are normal sleep patterns cause us to be tired at night, late night, and early morning.
Was this accident actually caused by a person driving while under the influence (DUI) or were other factors involved? We must look at the situation, and accident, alleged present (at no specific level) of alcohol, and injuries that inflame our passions. We must also look at the number of accidents on that strip of road, time of day or night, and whether the person driving was even at a BAC sufficient to cause impairment.
I have traveled to many cities across America to gain a specialized knowledge and education of the forensics, alcohol absorption, and the effects on a human, and this article is less than scientifically convincing. Some of the specialized education I have attended as a Criminal Defense Attorney and DUI Defense Attorney include a Masters Degree in Forensic Toxicology from University of Florida, training on the science of the blood testing used in DUI cases, and specialty organizations such as California DUI Defense Lawyers Association, National College for DUI Defense, DUI Defense Lawyers Association, and the National Forensic College in New York.
Being this was a dangerous strip of road, it was late at night, and the lighting is minimal, would this accident have happened even if the person had not consumed any alcohol? If so, then alcohol is not the cause of the accident. We all know that accidents happen even with sober people. If read carefully, the article actually makes mention of exactly these facts.
"It's dark out here. There's a curve coming up. There's a lot of heavy traffic, people coming from the casino. 24 hours a day. So you always need to be paying attention for every driver out there," said Nicholas Schofield, California Highway Patrol.
This statement by a member of the CHP makes a mention of several of the factors that lead to accidents, none of which include alcohol. We should all keep an open mind about whether this was a DUI accident until more proof is provided.