New York Criminal Lawyer Blog
This is a disturbing case in which a man under the influence of alcohol started to drive his car after his girlfriend had been arrested. He was taking over and trying to drive as there was no one else around to drive him. Sadly, the man drove his car into a tree and killed the woman’s 5-year-old boy, reported the New York Criminal Lawyer.
The ultimate result in this case was that the man was found guilty of aggravated driving under the influence and will do three to fourteen years in prison. This crash was particularly horrific in that it happened at high-speed and the little boy had no chance.
The facts of the case appear to be that the man driving the car stated that the police ordered him to drive after his girlfriend was arrested. He claims he argued with them that she was his designated ride. However, that argument didn’t go over with the police, as the girlfriend was driving with a suspended license.
The man took off in the car and a high rate of speed, slammed violently into a tree, bounced off the tree into a fence and the eventually tore up a pine tree by its roots. When arrested, his blood alcohol level was twice the legal limit. The little boy was alive when emergency response crews arrived at the scene, but died later in hospital.
Despite what this case may have looked like on the surface, there was a stated defense for this man and that was he was a victim of entrapment and necessity – meaning that he only got into his car to drive because a police officer ordered him to drive and said he’d be arrested if he didn’t do as he was told. The girlfriend in this scenario informed the police the man was drunk.
However, there was rebuttal testimony that indicated the girlfriend had actually pleaded with the police to let the man drive the little boy home.
Whether you have been charged with DWI, sex crimes, gun possession or assault, it is important to ensure that your rights are