Damico & Stockstill, Attorneys at Law

Louisiana man accused of DWI fatality hours after posting bail

Experience can be tremendously beneficial in some situations, like parenthood and job interviews. However, the last thing a Baton Rouge criminal defendant wants is a judge to say "Haven't we already met?"

A Louisiana man recently was freed on bond after being charged with three alcohol-related offenses: open alcoholic container, careless operation and DWI. Six hours later, the 47-year-old was arrested a second time. Authorities said the newly-released defendant caused a car accident that killed a 52-year-old Ville Platte woman.

State police in Evangeline Parish believe the Duson defendant was intoxicated when his Mazda MZ6 crossed the centerline while rounding a curve. The Mazda struck an oncoming vehicle, fatally injuring the second driver. Neither motorist was wearing a seatbelt.

Reports said the defendant was hospitalized with "moderate injuries." Once the patient is discharged, police plan to book the man on charges of vehicular homicide, another open container violation, driving left of center and reckless operation. The defendant apparently also was uninsured and had an expired driver's license.

Bail conditions include more than a promise to avoid being re-arrested for a crime. A judge may place several conditions on bail including an order to limit travel, relinquish ownership of a firearm or comply with a set curfew. Defendants charged with drunk-driving offenses may be told to refrain from alcohol and drug use or submit to substance abuse testing or treatment.

The legal risks of bail violations are plentiful. Defendants who disregard bail conditions risk the immediate forfeiture of freedom, not to mention the money paid to secure bail. The criminal case becomes tainted by the defendant's misconduct, no matter what the circumstances are surrounding the original, alleged crime or crimes.

It is possible to be your own worst enemy in a criminal case. The best possible outcome occurs when defendants work with defense attorneys, not against themselves by taking unnecessary risks.

Source: The Advocate, "Six hours after release from jail on a DWI count, Duson man is arrested again after fatal car crash in Evangeline Parish" Feb. 01, 2015

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