Evidence of Alcohol Use and Pennsylvania Auto Accidents
Provided by HG.org
Alcohol as part of driving is often devastating when the person behind the wheel has had too much liquor and causes and accident. These incidents in Pennsylvania are traumatic and may be costly in dollars and years of recovery for the injured parties.
At fault driving is how many are able to get out of paying compensation to the individual that is injured. The lawyer may attempt to either share blame or hold the victim as responsible for the auto accident. This is possible through evidence that he or she was drinking at the time of impact. The effects of this evidence may lead to an arrest, damages owed to the other party and an impact on the driverís license. These may follow the person around until the conviction drops off his or her record. It is important to seek experienced legal counsel in Pennsylvania to attempt to stop blame and hold the true culprit accountable.
Alcohol and Evidence
When someone has been drinking in the same day as being pulled over, suspicion against him or her of being intoxicated is higher. The officer that does pull the driver over may want him or her to take a breathalyzer field test. Other usual tests may apply as well to include balance and cognitive skills. Evidence at the scene usually includes slurred speech, difficulty carrying on a conversation and controlled behavior. However, the police officer usually will initiate these situations through the driver acting erratic on the road, swerving between lanes and speeding up or slowing down for no reason.
Evidence against the driver will start the moment the officer is suspicious of the driver. The breathalyzer may become a key component. Due to the unreliable results of these tests, it is important for the hired lawyer to attack this piece of evidence quickly. Tests to determine if the machine calibration is correct are often the first step. There are other pieces of evidence that could work against the prosecution to include if any medication may cause alcohol like symptoms with a breathalyzer. When there is enough alcohol left in the mouth or system to increase the blood alcohol content level result, the device may give a false reading.
The Auto Accident
When the opposing insurance company or company a driver works for become involved in these issues, the evidence of alcohol may harm the driver not responsible for the incident. The opposing legal counsel will use any evidence of alcohol against him or her. These facts are presented before the court in an attempt to share or put the blame for the collision on the victim. The higher the BAC levels, the greater he or she may find difficulty in a successful claim. However, with legal representation, some of these pieces of evidence may not apply. A blood test at the time of the incident may provide a more accurate reading.
When there is evidence of alcohol in the system of the driver that is part of an auto accident, he or she may need to strategize various defenses to avoid blame. He or she may pursue civil action against the other driver, but he or she may need to prove that his or her BAC level was not at or above the legal limit. During the scene of the incident, police officers may administer a field sobriety test. With a breathalyzer, this could become difficult when the device may not have correct calibration. However, the person may request a blood test or attempt to refuse the breathalyzer.
Suing the other driver for damages is tricky when there is evidence of alcohol. Bypassing these problems is a complex maneuver. With a legal representative versed in alcohol, BAC levels and devices to measure these, it is possible to litigate and defend the plaintiff simultaneously. By working with the lawyer, it is possible to win a case when the judge or jury are convinced that the little alcohol was not the problem that lead to the accident. However, sometimes in Pennsylvania, it takes court cases multiple tries and even trips to the Supreme Court of the state before success is possible.
Legal Support in Pennsylvania
Through witness statements and additional evidence, it is possible to prove that the plaintiff was not inebriated. Intoxication must not be part of his or her case, and this may require proving that BAC was below legal limits. With the help of a lawyer, compensation is possible.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.