What kind of evidence is typically used to prove liability in a drunk driving case?
In a drunk driving case, the prosecutor must prove that the driver was under the influence of alcohol or drugs at the time of the accident. To prove liability in a drunk driving case, the prosecutor must provide evidence to the court that the driver was impaired by alcohol or drugs. One common piece of evidence presented in a drunk driving case is a breath test or blood test. In California, the law requires drivers involved in an accident to take either a breath test or a blood test. If the test results are positive for alcohol or drugs, then the driver is assumed to be impaired and can be found liable for the accident. The prosecutor can also present testimony from witnesses who observed the driver’s behavior leading up to or at the time of the accident. Witnesses may be able to provide details such as how the driver was acting, whether they were driving erratically, or if they had slurred speech. In addition, the prosecutor can sometimes obtain evidence from the driver’s cell phone records. Law enforcement may be able to pull up text messages sent before or during the accident where the driver admits to being impaired. Finally, the prosecutor can submit evidence of damage to the vehicles involved in the accident. An experienced accident reconstruction specialist can help provide an unbiased and objective view of the accident and determine which vehicle was at fault. The evidence used to prove liability in a drunk driving case varies from case to case. But in most cases, the prosecutor must provide a combination of evidence to demonstrate that the driver was impaired by alcohol or drugs at the time of the accident.
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