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South Carolina man charged with DUI after fatal accident

Police in South Carolina believe that alcohol may have contributed to a fatal two-vehicle accident on April 23. They have reported that a Travelers Rest man is facing drunk driving charges for his role in the crash that claimed the life of a 70-year-old man. The accident took place on Tubbs Mountain Road in Greenville County at 5:30 p.m.

The first police officer to arrive at the accident scene told investigators that he had encountered one of the vehicles involved earlier in the afternoon. He said that he had attempted to stop the vehicle after seeing it cross double yellow lines on Poinsett Highway. However, the officer said that he had elected not to engage in a pursuit when the vehicle accelerated instead of pulling over. The driver of the other vehicle was critically injured in the accident, and first responders had to extract him from his vehicle before he could be airlifted to Greenville Memorial Hospital. He was later pronounced dead.

The driver suspected of being under the influence also suffered injuries in the crash that required him to be hospitalized. He was taken into custody by police after being medically cleared and released. He has been charged with felony DUI resulting in death as well as failing to stop when required to do so by a police officer and driving on a suspended driver's license.

While the prospect of a felony DUI charge may be daunting, those in this situation should know that the law has set a high bar for prosecutors. To secure a DUI conviction, a prosecutor must demonstrate that a motorist's driving was significantly affected by their impairment. The police reports and toxicology test results prosecutors rely on to meet these standards may not always be reliable, and a criminal defense attorney may raise questions about their validity.

Source: The Travelers Rest Tribune, "Travelers Rest man charged with DUI following fatal Tubbs Mountain Road wreck", James Richardson, April 25, 2014

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