Articles Posted in DUI Accident

In a recent case coming out of an Arizona court, the defendant appealed his conviction for manslaughter. Originally, the defendant was found guilty when he hit a pedestrian while driving his car above the neighborhood’s posted speed limit. The pedestrian died, the defendant was charged, and a jury eventually found the defendant guilty of manslaughter. On appeal, the defendant argued that the court failed to properly instruct the jury as to who exactly had the right of way during the accident. Agreeing with the defendant, the court vacated the manslaughter conviction.

Facts of the Case

According to the opinion, the defendant was driving between 44 and 55 miles per hour in an area where the speed limit was posted as 40 miles per hour. As he was driving, the defendant struck and killed a victim as she stepped off the median and began to walk into the roadway. At the time, the victim was walking along a brick pathway that ran perpendicular to the road on which the defendant was driving.

Immediately after the crash, a police officer came to the scene. While speaking with the defendant, the officer noticed that the defendant was slurring his speech and had drooping eyes. A subsequent blood sample revealed that the defendant had a blood concentration of 36 nanograms of Xanax and 14 nanograms of THC per milliliter.

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