Damico & Stockstill, Attorneys at Law

Denham Spring woman charged with DWI following fatal crash

Following a fatal car wreck on Sunday Morning, a Denham Springs woman was taken into police custody and cited with vehicular homicide, careless operation of a vehicle, and driving under the influence.

According to witnesses of the incident, the 24-year-old woman was driving at an extremely fast speed on Interstate 12 near the Juban Road exit when her vehicle crashed into the rear of an eastbound pickup in the early morning on Sunday. The pickup, driven at the time by a 25-year-old Walker man, was driven off the road as a result, and struck a tree.

Medical personnel were able to revive the man at the scene, but the impact of the tree crash resulted in injuries that later led to the man's death at a local hospital.

According to authorities, the woman's blood alcohol content was measured at .15 percent. She was subsequently booked into the Livingston Parish Detention Center.

A reading on a breath-alcohol analysis device of .08 percent is, under state law, presumptive evidence of drunken driving. A defendant who wants to fight charges under such circumstances needs to challenge the breath test. There are several ways to do this, one of which being to call into question the accuracy of the device itself, or the way it was programmed.

Those who have been charged of drunk-driving where there is no presumptive evidence of intoxication can challenge their case by showing that even though they drank alcohol prior to operating a motor vehicle, it did not sufficiently impact their ability to drive. A certain level of impairment would need to be demonstrated in such cases. Where the evidence just isn't there, a defendant may have a foothold in their case.

Source: The Advocate, "Denham Springs woman booked with vehicular homicide," Heidi R. Kinchen, April 9, 2013

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