A July accident has left a driver facing multiple homicide charges after
his dump truck collided with another car. The driver of the dump truck
rear-ended a Ford Mustang going 55 miles per hour after merging with traffic
near a construction zone. This caused a chain reaction, involving six
other cars in the crash. The driver of the Mustang was killed in the crash,
and 5 others were injured.
The dump truck driver admitted to checking Facebook before the crash and
had been heavily drinking the night before. His BAC taken at the scene
read .047. Because the dump truck driver was driving a commercial vehicle,
he was considered to be driving under the influence. Commercial drivers
are considered drunk when they gave a BAC of .04 or higher.
The driver is charged with:
- Homicide by intoxicated use of a vehicle
- Homicide by use of commercial motor vehicle with a prohibited alcohol concentration
- Homicide by negligent operation of a vehicle
- Injury by intoxicated use of a vehicle
- Injury by use of commercial motor vehicle with a prohibited alcohol concentration
Each of the charges are felony convictions, and can land the driver 25
years in prison if convicted.
Driving a commercial vehicle means that harsher restrictions are placed
on a person's driving, and penalties can be stricter as well. While
there are no DUI defenses specific to commercial vehicles, there are defenses
a DUI defense attorneys can present to the court to help lessen punishments
a commercial driver may receive.