One way to make a DWI worse is to leave the scene of any accident you're involved in while under the influence of drugs or alcohol. Depending on the circumstances, leaving could result in the DWI charge being elevated to a felony, which means bigger consequences such as jail time and license revocation. You can avoid this outcome if you can provide the court with a good reason for not sticking around. Here are two that may be useful as a defense.
You Didn't Know You Were Involved in an Accident
It may seem strange, but it's perfectly possible to be involved in an accident and not realize it. This is where being intoxicated may actually help your case as alcohol and drugs can negatively impact your awareness of your surroundings. For instance, it's not unusual for people to sideswipe parked vehicles and keep on driving unaware they did any damage. Likewise, people have hit pedestrians and driven away under the impression they actually hit a deer or other animal because of poor lighting.
Thus, if you can convince the court you weren't aware you were involved in an accident, you may be able to escape a conviction of this charge. This can be very challenging, especially if you're trying to avoid admitting to being intoxicated. However, your attorney can come up with a few ideas on how best to approach this situation, so be sure to consult with him or her about using this defense.
The Other Driver Was Causing Problems
Another defense you can employ is pinning the issue on the other driver. People are not at their best when they're involved in vehicle accidents. So, it's no surprise that sometimes drivers will become belligerent and/or uncooperative after a collision. Although it may not feel great being on the receiving end of aggressive (or passive-aggressive) behavior, it could provide you with the perfect excuse to leave.
The courts don't expect you to put yourself in harms way, so it would be perfectly acceptable for you to leave if the other driver began behaving in a threatening manner, for example. Even threats in the environment (e.g. misbehaving bystanders) may justify leaving the scene for someplace safer. If you can provide evidence backing up your claim, such a video recordings or witness testimony, the charge may be dropped.
For help with overcoming a charge for leaving the scene of a DWI accident in your case, contact a DWI attorney.
Share20 October 2018
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