Britt Reid – DUI and Vehicle Accidents – What are the possible criminal charges?
Criminal Defense Lawyer Alfonso Gambone explains the possible criminal charges that Britt Reid could face following an accident in Kansas City, MO.
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Police continue to investigate this incident. Results of that chemical tests are still pending and the legal limit for drunk driving in Missouri, like Pennsylvania and New Jersey is .08. It is unclear if Britt refused to submit to blood draw but it is highly unlikely that police would have obtained a warrant if he had voluntarily submitted to one.
Mr. Reid remains uncharged and deserves the presumption of innocence even police do arrest and charge him with a crime. While local authorities have yet to charge Reid with any crime, he could face criminal charges even if the blood test reveals he was under the legal limit for drunk driving. This case sadly presents an opportunity to explain various aspects of drunk driving cases, specifically those involving accidents where victims are either seriously injured or killed.
Drunk Driving Defense
Our criminal defense law firm with offices in Philadelphia and South Jersey represents individuals charged with drunk driving in Pennsylvania and New Jersey. It’s important to understand that regardless of the jurisdiction, the burden is always on the prosecution to prove a person guilty beyond a reasonable doubt. This burden applies to each and every element. In a drunk driving case a critical element is impairment, in addition to establishing actual physical control of the vehicle (i.e. operation).
If a person is charged with General Impairment DUI, the prosecution does not need to prove a specific BAC level but only that the person was incapable of safely operating a motor vehicle on the road in Pennsylvania (Section 3802(a)(1)) (New Jersey 39:4-50). This could be very important in Reid’s case if police do charge him with drunk driving. While the chemical evidence against Reid (blood test) would be strong evidence, police don’t necessarily need it.
To meet its burden of proof the prosecution may attempt to introduce both direct and circumstantial evidence which can include, but is not limited to, the individual’s actions and behaviors, including the manner of driving, the ability to pass a field sobriety test, the person’s demeanor, his or her physical appearance, and other physical signs of intoxication.
It is important to keep in mind that the prosecution is not required to prove the person actually consumed alcohol but only that he was incapable of safe driving due to some impairment, which can include the consumption of alcohol and/or drugs. In the Reid case, his statement about his consumption prior to the accident and his appearance would all be admissible against him as direct and circumstantial evidence. In many drunk driving prosecutions a key piece of circumstantial evidence that the prosecution attempts to introduce is a vehicle accident involving personal injury or property damage.
Impairment at the Time of Accident
If a person is charged with an accident DUI, the prosecution must establish impairment at the time of the accident. Keep in mind that even if police come upon a person who is intoxicated after an accident, this is not proof beyond a reasonable that the person was driving while impaired at the time of the accident. The prosecution must establish a temporal connection between the accident and the person’s impairment.
Admitting to Alcohol Consumption and DUI
Even if a person admits to police that they had consumed alcohol earlier that day, like in Britt Reid’s case it is insufficient evidence to demonstrate that the defendant was under the influence of alcohol or had imbibed a sufficient quantity of alcohol to render the person incapable of safe driving. Even if the prosecution can establish the defendant had an odor of alcohol, appeared confused, and failed his field sobriety test, they must still relate back the person’s condition at the time when they came in contact with police to the time the person was driving. This can be very difficult if not impossible!
This is frequently a situation where police arrive after the crash and there are no witnesses to testify as to how the crash occurred or the person’s condition following the accident.
