The defense should begin with a focused examination of the initial police encounter, which should be construed as the scene of possible great danger: a disabled and damaged vehicle stranded on railroad tracks presents a threat to human life.
This scenario calls out for the police to intervene first with life-saving measures and then with a crash investigation—after all, the police noted damage to the car’s bumper. A crash investigation is undertaken to determine the circumstances of a vehicle crash, and it is not a criminal investigation. As such, the driver is somewhat insulated from self-incrimination, meaning that anything the driver says during the crash investigation should not be used against him in a subsequent criminal investigation. Before police conduct a crash investigation and begin a criminal investigation, police must inform the driver of the change in the tenor of the investigation. There is no evidence that the police informed the driver here, much less conducted a crash investigation. A spirited defense should strive to convince the court that the driver be afforded the protections inherent to a crash investigation; this could possibly lead to the court’s excluding evidence that incriminates the driver. It’s possible that even the substance found in Mr. Jordan’s pocket could be suppressed, that is, excluded from the state’s case against Mr. Jordan.
A defense investigation into this area could yield a possible defense of necessity. Let’s say, for example, that Mr. Jordan did not drive the car onto the tracks but instead was a passenger in the car when the car was driven onto the tracks; the driver became stuck, panicked, got out of the driver’s seat, and Mr. Jordan got into the driver’s only to render life-saving aid to his friend. Mr. Jordan would, under these circumstances, be empowered to claim the defense of necessity, asserting that, far from being a driver under the influence of alcohol, he undertook the challenge of saving life and property.
DUI or life-saver? The difference between the two is vast, and a zealous legal advocate should exploit the opportunity presented here to show that the driver was not DUI but was, instead, making a valiant attempt to save lives.
If you or your loved one are being accused of committing a crime, you should consult with one of our Criminal Defense Attorneys, don’t hesitate to call us at 352-WIN-4YOU We are available 24/7 and we offer payment plans.