Bike paths are becoming a popular means to help ensure the safety of bicyclists and cars sharing the same roadways. There are many such bike paths in New Orleans and around Louisiana. On a night in March, they were not enough to protect two cyclists and others from a man who admits to having been intoxicated at the time of a crash. The apparent drunk driving crash resulted in the deaths of two cyclists and injuries to seven others.
A blood test taken from the driver two hours after the crash showed a blood alcohol content (BAC) of 0.14. The legal limit in Louisiana is .08. The prosecutor in the case believes the defendant's actual BAC at the time of the accident was likely higher and possibly as high as 0.215. Scientifically, there is apparently no way to prove that. At the higher BAC level, the charges against the driver could include crimes of violence that carry a mandatory sentence.
There is reportedly video evidence that will show the driver was seriously incapacitated at the time of the accident. Both sides in this case came together in an effort to reach a plea deal but were unable to agree. The man remains in jail, and his bond is set at $510,000.
Anyone facing criminal charges in the state of Louisiana is guaranteed the right to a jury trial with a jury made up of one's peers. The burden of proof of guilt falls to the prosecution. This must be supported by the evidence presented. A person facing such serious charges regarding a drunk driving accident is entitled to defense from an experienced criminal defense attorney. A lawyer can apprise one of what legal options are available, inform one of his or her rights, and work to ensure that those rights are protected throughout the criminal justice process.