DUI and Aggravated Assault Charges After an Accident

[hesnotathome]

My husband is being charged with Aggravated Assault and Reckless endangerment due to a DUI accident that caused injuries to another driver (crushed pelvis and legs broken in 4 places). His breathalizer was .98 and his blood test that was taken 3 or 4 hours later was .78. A settlement agreement was tentatively agreed to pending the ADA getting approval from his supervisor. That was denied. He has signed a plea for Agg Assault Non Dangerous. He does not want to go to trial and risk the higher sentence if found guilty. If the judge tries to go outside of the plea, the DA has said they will pull the plea and go to trial. He has no prior criminal record.

I have been told that this is very typical in Maricopa county, Arizona and am looking for 2nd opinions.

[IAAL]

My husband is being charged with Aggravated Assault and Reckless endangerment due to a DUI accident that caused injuries to another driver (crushed pelvis and legs broken in 4 places). His breathalizer was .98 and his blood test that was taken 3 or 4 hours later was .78. A settlement agreement was tentatively agreed to pending the ADA getting approval from his supervisor. That was denied. He has signed a plea for Agg Assault Non Dangerous. He does not want to go to trial and risk the higher sentence if found guilty. If the judge tries to go outside of the plea, the DA has said they will pull the plea and go to trial. He has no prior criminal record.

I have been told that this is very typical in Maricopa county, Arizona and am looking for 2nd opinions.

My response:

2nd opinions about what? Did you have a "legal" question?

What is your husband's criminal history? How often does he drink and drive?

IAAL

[Litigator]

First, you probably need to double check the BAC results--are you sure that the BAC was not .09 and .07? If it was .90 or .70 then he would most likely be dead.

Anytime you have a drunk driving incident with injury to another party it is pretty serious--you just have to let his attorney work it up--if they've got the proof in the case he needs to look at a negotiated disposition--it is oftentimes important in these types of cases whether restitution has been made to the victim by insurance or otherwise.

[Lgnki]

[QUOTE=Litigator]First, you probably need to double check the BAC results--are you sure that the BAC was not .09 and .07? If it was .90 or .70 then he would most likely be dead.
[QUOTE]

Here at University of Wisconsin Madison, number one party school 2004, the University Police Department's highest recorded "live" BAC was .42, in which the victim was comotose. So...I would say it is save to concur that the defendent would indeed be dead.

[aaron]

The highest "live" BAC I encountered was described in relation to a man charged with domestic violence, who when the police arrived blew a 0.6, later confirmed at the hospital. Had he not been arrested, or had the police arrived much later, he probably would not have survived.

At the same time, I had a client who blew a .24, who even at that level showed no outward signs of intoxication. He wouldn't have been picked up at all had he not answered honestly when asked, "How much have you had to drink".

[Happy Trails]

The highest "live" BAC I encountered was described in relation to a man charged with domestic violence, who when the police arrived blew a 0.6, later confirmed at the hospital. Had he not been arrested, or had the police arrived much later, he probably would not have survived.

At the same time, I had a client who blew a .24, who even at that level showed no outward signs of intoxication. He wouldn't have been picked up at all had he not answered honestly when asked, "How much have you had to drink".

Just curious, what was his answer?

[aaron]

A dozen or so beers.