If you were in a motor vehicle accident in which alcohol was involved, we will examine the evidence, study the police procedures, and basically fight for you and your best interests
Did you know that merely being in a traffic accident can meet the minimum requirement for "reasonable suspicion" which authorizes a police officer to stop and detain the drivers involved for further investigation?
At this point, the officer may ask one or more of the drivers involved if they had been drinking; look to see if any beer cans or other tell-tale evidence is in plain view; or look at the drivers' eyes for signs of impairment. The officer also may conduct field sobriety tests.
Based on the results of a Blood Alcohol test, if the officer determines that a driver is probably under the influence of drugs or alcohol, then he or she has "probable cause" to arrest the driver for operating a motor vehicle while under the influence of drugs or alcohol.
Consequently, an automobile accident may provide an officer with reasonable suspicion to analyze the accident scene, but only absolute proof of intoxication allows the officer probable cause to make a DUI arrest. Although, certain states require either the compulsory or voluntary blood alcohol testing of drivers involved in accidents resulting in serious injury or death.
In certain states, police officers can require Blood Alcohol testing of drivers, passengers and/or pedestrians who were killed in motor vehicle accidents. In other states though, the decision to require BAC testing is left up to the officers at the accident scene.
If you have the misfortune to be involved in a drunk driving accident, but can prove the other driver is at-fault, you have the option to file a civil lawsuit. If a member of your family was killed by a drunk driver, you may file a wrongful death lawsuit.
To build a strong case, you will have to prove the BAC level of the appellant, and demonstrate that he or she did not exercise reasonable care for the safety and well-being of the community. Necessary evidence will typically include the police report witness statements, and expert opinions.
If you were in a motor vehicle accident in which alcohol was involved, you need the assistance of Robert A. Rivers. As an experienced and knowledgeable Atlanta DUI attorney, he will examine the evidence, study the police procedures, and basically fight for you and your best interests.
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