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Student dies in crash, man charged with felony DUI

A South Carolina man has been accused of felony DUI following his involvement in a fatal accident in Lexington. The deceased was a sophomore at a local high school. In addition to the drunk driving charges, he has also been accused of possession of a controlled substance and had his bail set to $115,000. The incident occurred Friday, Dec. 6 at approximately 7:45 in the morning.

According to police, the accused is a 60-year-old Lexington man, and he has been detained at the Lexington County Detention Center. The Coroner's Office states that the deceased died at the scene of the crash, and that the incident occurred relatively close to where he went to school.

In cases such as this, it is often necessary to verify the veracity of the defendant's felony DUI charge. Prosecuting someone for DUI often requires some evidence that the accused was in fact intoxicated at the time of the crash. Although police officers often rely upon preliminary alcohol screenings conducted at the investigation scene, such as a Breathalyzer device or field sobriety test, certain medical considerations may limit the accuracy of these methods. For example, if a defendant holds their breath longer than necessary prior to submitting to a Breathalyzer, the device may erroneously display a higher blood alcohol level than is actually the case.

By thoroughly investigating the circumstances of the crash, the defendant's attorney may find evidence showing that factors other than intoxication caused the wreck. Should that prove to be the case, prosecutors may have no choice but to dismiss the charges or arrange for their renegotiation to reckless driving or a similar offense.

Source: FOX Carolina, "Driver in crash that killed student charged with felony DUI, bond set at $115K", Brett Buffington, December 07, 2013

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