A cyclist was fatally hit by a 24-year-old student who had a blood alcohol level more than three times above the state’s legal limit. The student allegedly lost control of his vehicle and it ended up in the bike lane.
The crash took place on 6700 block of the North Federal Highway. The driver, Drew Blazure, failed to stop and his severely damaged car was left parked at a stoplight while he blindly made his way to a gas station. In the parking lot, he got into someone else’s car, where he vomited and fainted. The police were soon at the scene.
While this was all taking place, the cyclist’s mangled body which belonged to 41-year-old Tim Van Orden, lay on the road side.
Blazure was arrested three hours after the accident. His blood alcohol reading was reported to be 0.210% – nearly three times the state legal limit of 0.08%. He was first detained in police custody, but has now been released on $100,000 bail. The student is from Florida Atlantic University and is at present in the process of being charged for the hit and run incident, as well as negligent DUI homicide. So far he has not admitted guilt to either of the charges.
The incident took place at 2 in the morning. The cyclist was reported to have been riding a bike that was clearly lit. The car driver was alleged to have been driving in excess of 55 mph in an area where the speed limit was 45 mph. On impact, the bicycle was ripped into three pieces. The cyclist not only lost his foot and a portion of his arm, but died due to severe neck injuries.
Blazure reportedly told police he had drunk at least 5 beers and several whiskies before the accident happened. Even though he was not over the limit, the deceased cyclist was found to have alcohol in his blood and traces of other controlled substances.
A DUI manslaughter charge is a serious charge and it gives every opportunity for the prosecution to come down heavily on the defendant. It is the legal right of any defendant, whether the charge is serious or not, to be fairly defended against any accusations. So often the arresting officers will exaggerate the circumstances surrounding the incident and the defendant has no choice but to accept the evidence presented in court. An appearance in court is an intimidating experience and certainly does not warrant any form of self defense. Evidence is often severely exaggerated, forcing the judge and jury to make decisions that do not necessarily fit the alleged crime.
Blazure will need an experience DUI defense attorney to ensure that the true facts surrounding the incident are revealed in court. In this situation, the defense attorney may get the charge reduced to a lesser one with a less severe penalty or dismissed altogether if the evidence is unconvincing or has been distorted. There are times when the defendant has been forced into making a confession, whether the facts revealed are true or not. An experienced defense attorney can quickly interpret fact from fiction and can argue aggressively on behalf of the defendant until the true facts are finally revealed and the justice that the court represents is upheld.
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