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Motorists across the country, including those who travel on New York roads, are aware of the dangers of drunk driving, and we know that it is unlawful to drive with a blood alcohol level above 0.08 percent. Unfortunately, even with this knowledge many accidents still happen as a result of this behavior and drivers accused of being impaired can find themselves in serious trouble if they are stopped or are involved in a crash.

Recently, an accident occurred when a woman hit a bicyclist’s rear tire with her Hummer H2 vehicle. The 61-year-old cyclist fell from his bike and his head struck the pavement leaving him in critical condition. The woman was allegedly driving while intoxicated at the time and was charged with assault by auto. 

Unfortunately, the victim died within a week after the accident happened. The charges against the driver have now been upgraded to vehicular homicide and her bail was also increased with her bail increased by over $100,000. 

This case is certainly tragic, as any accident can be when a person is seriously or fatally injured. However, it is important to remember that the driver in this accident has rights that must be protected. In similar situations, people and media outlets often jump to conclusions and call for the most aggressive penalties possible.

However, people accused of drunk driving are innocent until proven guilty. Many conditions can mimic the appearance of intoxication and these, as well as other mitigating factors, may provide a defense to the charges. Drunk driving charges are subject to the rules and procedures of the court system. Finding an attorney who understands what is at stake in a drunk driving case can be important in navigating the court system during this troubling time. 

Source: CBS New York, "Charges upgraded against alleged drunken driver after NJ victim dies," May 12, 2014

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