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Man's charges reduced after fatal DUI crash

Without a doubt, any motor vehicle accident that claims of the life of an individual is a tragedy. However, members of society and law enforcement must be careful not to let the element of tragedy overcome the facts of who was truly responsible for the incident.

For instance, if a drunk driver was involved in an accident, many would rush to heap the blame on that person, whether they were solely responsible or not. Under such circumstances, a DUI crash could suddenly land a person in jail for many years on charges they did not deserve.

This was the case in Lexington County, South Carolina. Members of the South Carolina Highway Patrol recklessly charged a 37-year-old man with two counts of felony DUI involving death after he struck a vehicle with three kids in it on Oct. 28, 2011. Two of those kids died from their injuries. Police stated that the man was driving drunk at the time of the accident.

A grandparent of the kids was driving the vehicle at the time of the collision, which happened at South Lake Drive. Investigators later determined that the accident was not entirely the 37-year-old man's fault. They ruled that the children's grandfather pulled out in front of the alleged drunk driver when attempting to pull into a private drive on the way home from church.

In fact, the alleged drunk driver was driving under the posted speed limit of 55 mph -- not recklessly or in any fashion that would endanger fellow motorists.

Deservedly, law enforcement is easing the charges against the alleged drunk driver. Instead of DUI involving death and two additional counts of having an open container of alcohol in a motor vehicle, they are charging him with DUI second offense. He is scheduled to appear in court soon after unjustifiably being held in jail without bond since the accident.

Source: WIS-TV Channel 10, "Charges downgraded in DUI crash that killed 2 children," Jason Old, Jan. 25, 2012

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