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Criminal defense: Man faces drunk driving charges

A 28-year-old man accused of partying too hard during Manhattan Pride celebrations is now facing serious charges, according to law enforcement. New York police arrested the man under suspicion of drunk driving after he allegedly struck a cyclist with his car. The man is plagued with a considerable criminal record, and he will likely appear in court alongside criminal defense representation to ensure only the acts of the instant case are taken into consideration. 

The arrest record says on June 25, police were alerted to a possible reckless driver after a witness allegedly saw the man driving erratically in a parking garage and called 911. The man reportedly left the garage and drove out into the street, where police attempted to pull the car over. The man then made a U-turn and struck a 32-year-old bicyclist, according to authorities. The cyclist was rushed to a local hospital in critical condition, but has since been upgraded to serious condition. 

The driver apparently attempted to flee the scene and take refuge in a store, but police found and arrested him. Testing results indicated that the man had a blood alcohol level of approximately .21, nearly three times the legal limit, when he was tested by police. He now stands charged with drunk driving, vehicular assault and driving without a license. 

In criminal defense proceedings where a defendant is accused of a crime he has been charged with before, New York defense attorneys may consider whether a pattern of behaviour exists as it relates to the crime charged. For a man with multiple drunk-driving convictions on his record, this could point to a systemic problem with alcohol. If the evidence suggests the defendant is an alcoholic, this fact -- together with the willingness to get help for an underlying addiction -- may prove useful in any negotiations for a plea agreement. Of course, the defendant always reserves the right to go to trial, forcing prosecutors to actually prove the accusations that have been made in court and beyond a reasonable doubt.

Source: pix11.com, "Drunk driver faces slew of charges for hitting bicyclist after Pride: police", Ashley Soley-Cerro and Anthony DiLorenzo, June 26, 2017

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Leo V. Duval Attorney At Law

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