An East Stroudsburg man and his Pennsylvania DUI attorneys are preparing for their upcoming trial. Robert J. Kidwell III, 31, is facing charges of driving drunk and killing a pedestrian in January 2009.
The pedestrian, 22 year old Daniel A. Gallagher from Bushkill PA, died when Kidwell's vehicle hit him in the Stroud Township. According to the Pocono Record, such fatal accidents have become commonplace in Northern Pennsylvania, as several pedestrians and bicyclists have fallen victim to drunk drivers.
In this incident, Gallagher was dead on the scene. He was walking on the road when he was struck. Police are unconfirmed as to whether Gallagher was crossing he road or whether he was walking alongside the road at the time of the impact.
Kidwell failed sobriety tests and police report that Kidwell appeared visibly intoxicated at the time of the incident. His blood was drawn shortly after the incident and he was found to have a blood-alcohol content of 0.13 percent.
Pennsylvania's legal limit is 0.08 percent.
Although Pennsylvania DUI attorneys are able to handle most cases of DUI with ease. However, when charges become aggravated, the Pennsylvania DUI attorneys need to become craftier in their defense. A local man charged with manslaughter while driving under the influence was recently acquitted; largely in part due to his competent PA DUI attorney, who was able to demonstrate that the suspect was not the sole cause of the death.
Indeed, such a negation of liability hinges on the concept of reasonable doubt. If a PA DUI attorney can demonstrate that the intoxication was not the main reason for the death, then the suspect can sometimes receive less harsh charges. But this is not always the case. If you are convicted of a DUI with aggravated circumstances, such as assault or homicide, you need to research good Pennsylvania DUI attorneys. A good PA DUI attorney can make all the difference between a simple charge of DUI or a charge of manslaughter.
Related Resources
- East Stroudsburg man awaiting trial in DUI death (Pocono Record)
- Pennsylvania DUI Law (FindLaw)
- Stages of a DUI Case (FindLaw)
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Find a PA DUI Attorney (FindLaw Directory)
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