Illinois pro basketball fans might have learned a cautionary tale about drinking and driving from the arraignment of Derek Fisher. According to court records, a car crash in June has led to charges of operating a vehicle under the influence of alcohol and driving with a blood alcohol content of 0.08 or higher for the former coach of the New York Knicks.
At the time of the car accident that took place in Los Angeles, police suspected that he had been driving under the influence and arrested him. The crash only involved his 2015 Cadillac, and Fisher and his passenger did not suffer any injuries. Fisher had been driving on U.S. Route 101 in Sherman Oaks when he apparently struck a guardrail. The impact flipped his vehicle and it landed upside down.
A conviction on drunk driving charges imposes criminal penalties. Someone arrested for driving while intoxicated might ultimately face a misdemeanor or even felony conviction. An attorney could advise a motorist confronted by this problem and explain how the process within the criminal justice system could play out.
To challenge the charges, an attorney might investigate the circumstances of the breath test. If the machine was not properly calibrated, the attorney could file a motion seeking to exclude the results as evidence. In other cases, the attorney could question whether the traffic stop that led to the arrest was made by the authorities with the requisite reasonable suspicion. If successful, the charges could possibly be dropped. Where the evidence is strong and it is a first-time offense, the attorney could seek a plea bargain that involved reduced penalties.
Source: CBS Sports, "Report: Derek Fisher charged with two counts of DUI from car crash in June", Jack Maloney, July 2, 2017