A driving while intoxicated (DWI) case that involves a motor vehicle collision, serious injury, or death usually entails more complicated evidence and expert testimony. In these types of DWI cases, an accident reconstruction specialist may be retained to investigate the cause of the crash and the circumstances leading up to it. If you have been arrested for an accident DWI or vehicular manslaughter in the New York City area, legal counsel can help you protect your rights. At Tilem & Associates, our Westchester County DWI attorneys have worked with accident reconstruction experts and understand the importance of a thoroughly prepared defense. We can provide legal guidance and answer any questions you may have regarding the charges you are facing.
Accident reconstruction is a process that applies scientific methodology and principles to the physical evidence left from a car accident in order to identify the circumstances, causes, and contributing factors associated with the accident. Put simply, an accident reconstruction may reveal why a motor vehicle collision occurred. Accident reconstruction in DWI cases may be used to determine whether or not alcohol or impaired driving played a role in the accident. If an accident reconstruction report finds that the collision was unavoidable, or that the defendant’s driving was not a contributing factor, the prosecution may not be able to prove their case against the defendant.
In some DWI cases, law enforcement investigators may examine the scene of the collision and complete an accident reconstruction report. The prosecution, in turn, may use the law enforcement reconstruction report as part of its case against the defendant. However, pressure to find someone at fault for the accident, lack of training and experience, bias, and other factors may cause law enforcement reconstructionists to overlook evidence that points to the defendant’s innocence. In these situations, an independent accident reconstruction expert can gather any overlooked evidence and provide a fair analysis of what happened. A DWI defense attorney can expose potential bias or flaws in the police investigation and offer an independent accident reconstruction report to rebut the prosecution’s case.
An accident reconstruction specialist examines physical evidence of the crash and other data to discover how and why an accident occurred. Starting the investigation as soon as possible after the accident can help to avoid loss or deterioration of evidence such as skid marks, vehicle damage, and road conditions. The reconstruction expert will typically take measurements and photographs of the scene of the accident, the roadway, the vehicles, and the surrounding area. An accident reconstructionist will also review the police report and case file, and may seek interviews from the passengers, defendant, or any other witnesses who may have information regarding the accident. Weather data and road conditions are often considered in the analysis.
An accident reconstruction expert will investigate every aspect of the collision, including the vehicles themselves. Damage and scuff marks to the body of the vehicle may indicate how the cars collided, while mechanical flaws or safety recalls can identify whether there were any unaddressed issues. The presence of skid marks may be used to determine the speed of the car, if the brakes were applied, and if the driver swerved to avoid the collision. The reconstructionist can also verify whether the road design, median barriers, and guard rail systems complied with local, state, and federal guidelines.
Accident reconstruction in a DWI case may provide compelling evidence on behalf of the defendant. At Tilem & Associates, our Westchester County lawyers have the resources and knowledge to handle complex DWI cases that require accident reconstruction reports and experts. We can defend New York drivers facing drunk driving charges in areas throughout Bronx, Queens, Rockland, Kings, Nassau, Suffolk, Richmond, and Putnam Counties. Request a free consultation to discuss your case by calling Tilem & Associates at 877-377-8666 or submitting our contact form online.