A DWI charge is frightening for anyone. If your DWI caused an accident that resulted in someone else’s death, things can get exponentially more complicated. If your DWI killed someone, you are dealing with a host of unwelcome emotions. Additionally, you face very serious life-changing criminal charges. Here’s what you should do if you find yourself in the position of defending against a DWI manslaughter charge.
Find Out What Test Results May Be Excluded from the Case
In many cases, test results can be omitted from court. This means that your BAC and other test results may not be brought forward in front of the jury. Under what criteria can your test results be struck from the record?
- The police officer did not administer the tests properly
- The police officer asked you to perform field sobriety tests. However, you failed because you were injured due to the accident
- The breathalyzer equipment was not properly calibrated or maintained
- The chain of custody when processing your blood test was broken
Finding ways to omit the evidence against you is a crucial point in a DWI manslaughter case. If any of the tests were not properly performed or there is a question about the validity of the tests, they can be struck from the record. Therefore, without this faulty evidence, you stand a much better chance at reducing or dismissing the charges.
Explore the Possibility of a Plea Deal
Sometimes, the evidence against you is solid. This means that going in front of a jury who is unlikely to sympathize with you is not in your best interests. You should discuss with your lawyer the possibility of a plea deal. In fact, you may agree to a substance and alcohol abuse program that reduces your sentencing. Or, by pleading guilty, you could reduce the charges and subsequently the penalties.
Reach Out to a DUI Attorney in Brooklyn as Soon as You Can
While it’s important to speak with a Brooklyn lawyer any time you are charged with drinking and driving, it is crucial if the accident resulted in someone’s death. New York DUI lawyer Mark Cossuto has extensive experience defending clients charged with drinking and driving. He can provide you with zealous advocacy during this difficult time.
Call today for a consultation at (718) 852-8047 or toll free at (800) 609-4545.
