Race Car Driver Arrested in Havasu for DUI after Allegedly Striking Several Cars and a Tree
A Lake Havasu man was arrested for DUI after it was reported that he struck numerous vehicles Kiowa, then hitting a tree in someone's front yard. When the police arrived, he told them he was a race car driver. His alleged blood alcohol content was .161. He was charged three counts of a DUI, criminal damage and a hit and run.
When someone is arrested for a DUI, they will always be charged with 28-1381A1, impaired to the slightest degree, as well as laws specific to their alleged blood alcohol content. Some people call my office deeply concerned that they are facing several DUI counts. I carefully explain to them that every one is charged with several DUI's when they are arrested. You will always be charged with the most severe DUI as well as the underlying offenses. It is fairly common to also be charged with other moving violations such as speeding, failure to yield, or in this person's case, hit and run.
The more charges you are facing, the serious the penalties become. Each case that we handle is treated differently. For example, if this person were to take his case to trial and be found guilty of all the offenses, he would be subject to significant jail time. Misdemeanors have a maximum penalty of six months in jail. I don't know if this person has prior criminal convictions, but the more priors a person has, the more strict the judge and prosecutor will be on him. If you have prior DUIs that took place within 7 years, there are mandatory sentencing guidelines. Also, the victims of the event have a say in the outcome of the case. It's possible to have victims that are extremely upset and want the court to throw the book at the defendant. Finally, if the victims have property that is damaged, they will be entitled to restitution. In this case, the Defendant, if found guilty, would have to pay for repairing the tree and vehicles. If his insurance is unwilling to pay, he would be personally liable.
This person is facing a significant amount of criminal charges. There are a lot of moving parts to this case. This is a prime situation when hiring a lawyer to help mitigate the penalties is crucial. Without an experience lawyer, a situation like this could turn sideways leaving the defendant to significant jail and financial exposure. The best defense in this case would be to mitigate the consequences as much as possible before going to trial.