SUV Driver Faces Felony DUI Charges For Collision That Killed Motorcyclist
All defendants in criminal cases are presumed innocent unless and until proven guilty. This point of law is important enough that it warrants mention even outside the context of criminal law. People who are accused of crimes have the right to plead not guilty and to stand trial, and juries cannot convict them unless they are completely certain that the accusations against the defendant are true. In civil cases where a plaintiff is trying to persuade the court to order the defendant to pay damages to compensate the plaintiff for financial losses that the defendant caused, the standard of evidence is lower. The plaintiff must only prove that there is a preponderance of the evidence, which means that the plaintiff’s interpretation of events is better supported by evidence than the defendant’s interpretation. In personal injury cases, this means that a drunk driver who causes an accident can be responsible for paying damages to an injured plaintiff in civil court, even if a criminal court does not convict the driver of DUI. If you were injured in a motorcycle accident where alcohol was a factor, contact a Columbia motorcycle accident lawyer.
DUI Defendant Under House Arrest While Criminal Case Is Pending
One night in October 2022, Samuel Greene was riding his motorcycle in downtown Greenville just after midnight, when an SUV struck his motorcycle. When first responders arrived at the scene, they pronounced Greene dead. He was 23 years old. The driver of the SUV was Ross Even Latini of Taylors. Police said that, based on Latini’s behavior, the smell of his breath, and the appearance of his eyes, they suspected that he was under the influence of alcohol, and he even told officers that he had consumed alcohol earlier that evening. Despite this, Latini refused to take a breath test. Police arrested Latini and obtained a search warrant that authorized them to take a blood sample to test his blood alcohol content (BAC). A BAC of 0.08 or higher is considered above the legal limit and can be used to convict a defendant of driving under the influence (DUI).
Prosecutors originally charged Latini, 35, with DUI and set his bail at $1,017, but as the investigation yielded more evidence, they upgraded the charges to felony DUI and set the bail amount at $25,000. Latini posted bail, and the conditions of his bail require him to wear a GPS monitor. He must stay at home except to attend church, doctor’s appointments, and legal appointments. He must entirely avoid the downtown Greenville area and must not contact Greene’s parents or siblings.
Let Us Help You Today
The personal injury lawyers at the Stanley Law Group can help you if you or a family member suffered a serious injury as the result of a motorcycle accident where a car hit a motorcycle, whether or not alcohol was involved. Contact The Stanley Law Group in Columbia, South Carolina or call (803)799-4700 for a free initial consultation.