NCJ Number
138401
Journal
Trial Volume: 28 Issue: 3 Dated: (March 1992) Pages: 35-41
Date Published
1992
Length
7 pages
Annotation
Attorneys for plaintiffs in civil lawsuits against drunk drivers must know the jurisdiction's requirements on the admission of evidence of intoxication and must conduct thorough research and preparation both to achieve just compensation for the client and to aid in the continuing effort to prevent drunk driving.
Abstract
The attorney's ability to prove that the drunk driver was intoxicated at the time of the accident is crucial to obtaining an adequate remedy for the injured plaintiff. Attorneys should usually wait until the end of criminal proceedings before bringing a civil suit; the criminal trial may produce useful evidence. A guilty plea is an admission of intoxication and can be used in a civil trial. In addition, courts routinely allow evidence of prior acts of drunk driving into evidence in civil cases. However, establishing the role of alcohol in an accident depends on all the facts involved including the driver's physical characteristics, the amount of alcohol consumed, and the time when it was consumed. Scientific tests of blood alcohol levels are also available, although they vary in reliability and therefore in their susceptibility to suppression by an astute defense counsel. The attorney should also consider hiring a toxicologist trained to interpret blood-alcohol content and to describe the effect of a specified level on a particular person's behavior and abilities. In addition, a police officer's testimony that the driver had a strong odor of alcohol, slurred speech, and other physical characteristics is also effective. Finally, eyewitnesses may be available to describe erratic driving or other odd behavior just before the collision. 8 reference notes