Damico & Stockstill, Attorneys at Law

Baton Rouge man charged with DWI, homicide in bicyclist's death

A 27-year-old Baton Rouge man was recently charged in connection with a drunk driving accident involving a bicyclist. According to the authorities, the man was traveling west on Belleview Road in Plaquemine when he struck a bicycle rider who was attempting to cross the five-lane road. The bicyclist, who was in the turn lane at the intersection of Belleview Road and Ory Street when the collision took place, suffered fatal injuries in the accident.

A police officer who investigated the accident determined that the Baton Rouge man was intoxicated at the time of the collision. He claimed the driver's blood alcohol level was .118, which is above the legal limit of .08. The motorist was arrested for drunk driving during the course of the initial investigation.

He has now been charged with vehicular homicide, first offense driving while intoxicated and careless operation of a vehicle. Currently, the defendant is being held at the Iberville Parish Jail. Bail has been set at $90,000.

Anytime someone registers .08 or higher in a breath or blood test, or fails a field sobriety test, that person will be charged with DUI/DWI in Louisiana. However, people facing these types of charges have options. They do not need to automatically plead guilty.

Many factors can impact a drunk driving charge. Was the blood alcohol test properly administered? Was the equipment properly calibrated? Did the arresting officer follow protocol? An experienced defense attorney will answer all these questions and more, in pursuit of a favorable outcome. This may involve dismissed charges, restoration of driving privileges, decreased fines or community service in lieu of jail time.

Source: PostSouth.com, "Baton Rouge man charged in bicyclist's death on Belleview," Deidre Cruse, 25 April 2011

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