Havasu Man Hits a Guardrail, Causes $30,000 in Damages and Arrested for DUI
Lake Havasu Police responded to a call of a Ford F-150 striking a highway guardrail and the driver fleeing on foot. The police were able to locate the man hiding under an unrelated truck with car keys next to him. Police observed signs and symptoms consistent with alcohol consumption. They arrested the man, transported him to the police station and received a warrant to draw his blood. The man is now facing one count of felony criminal damage, a misdemeanor DUI, and essentially a hit and run.
This case is full of good legal issues. To be convicted of a DUI, the State has to prove beyond a reasonable doubt that a person was driving a vehicle while impaired by alcohol. The first question I have with this case is whether the police can prove that this man was the one who was driving the Ford F-150. Are there 9-1-1 recordings and witness statements describing the man? Was there a witness who followed the man from the incident all the way to where the Havasu police found him? If so, did the witness have eyes on him the entire time? Is it possible the person who was arrested was just the passenger of the vehicle and fled because he either didn't want to get in trouble or maybe had warrants for his arrest?
Even if this man was smashed drunk when the police apprehended him, I think he has a strong case for whether or not he was driving. It's important to litigate this case for two reasons. First, no one wants a DUI on their record. Second, if he's convicted of Criminal Damage, he not only will be convicted of a felony, he will be on the hook for $30,000 in repairs to the rail. Hiring a good lawyer could result in him not having criminal convictions on his record, avoid jail and save him at least $30,000.