When Tennessee law enforcement officials make accusations against a driver in an accident, it is their responsibility to be sure that their facts are correct. Making a mistake could jeopardize the freedom of an individual. This is especially true when that person is facing serious charges such as vehicular homicide in connection with an accident in which it is suspected that alcohol played a factor.
For example, a 61-year-old woman is facing numerous charges in connection with a three-car accident that occurred on a recent Friday at around 9:47 p.m. First responders had to extricate two people from one of the vehicles, including a 4-year-old girl. The girl's 37-year-old mother suffered fatal injuries and was pronounced dead at an area hospital.
The Oak Ridge Police Department says that the Tennessee woman accused of causing the crash was driving erratically prior thereto. She is accused of driving up onto a sidewalk, hitting a street sign and failing to stop at a red light before the accident. Furthermore, they report that the woman was driving under the influence, but did not indicate how that conclusion was reached. She is also charged with violating implied consent laws, which means that she most likely did not consent to at least one form of testing to determine impairment.
It is her right to refuse, but she could face consequences for that act alone. However, that is most likely the least of her worries since she is also facing a vehicular homicide charge, DUI and other charges with potentially dire consequences. Alongside her defense counsel, a thorough review of the circumstances surrounding the claims of the police is necessary in order to protect her rights and build a defense to the charges.
Source: wate.com, "1 dead, driver charged with DUI after Oak Ridge accident", May 9, 2016