Glenn R. Bruno, Esq.
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Bus driver charged with DWI

A New York bus driver was taken into custody on charges of drunk driving and fleeing the scene of an accident on Oct. 26. Police allege that the 49-year-old bus driver, while driving his own vehicle, ran into another vehicle. After the accident, the two drivers got out of their vehicles to exchange insurance information. However, the bus driver allegedly drove away without exchanging information. Police say that the bus driver did not have auto insurance.

Police found the bus driver and placed him under arrest. The bus driver was charged with driving while intoxicated, operating a motor vehicle without insurance and leaving the scene of an accident. Police state that they noticed the smell of alcohol on the bus driver's person. Additionally police allege that the bus driver's eyes were red and that his speech was slurred.

Prosecutors must prove all crimes charged beyond a reasonable doubt. Here, the facts and circumstances of this arrest are somewhat unclear. There are only facts that demonstrate that a hit-and-run accident may have occurred. There are some preliminary facts in this case that a prosecutor may use to obtain a conviction; however, more substantive evidence is needed. Police may provide a blood alcohol level test results or field sobriety test results that would provide more evidence that the bus driver was indeed driving while intoxicated.

However, even if the prosecution has blood test results that show he was above the limit, they may wish to arrange for a plea bargain. Prosecutors like plea bargains because they save time and money. They could arrange for the man to plead guilty to lesser charges in exchange for a reduced sentence.

Source: AM New York, "Bus driver arrested for drunk driving and fleeing accident," Sheila Anne Feeney, Oct. 27, 2013

Source: CBS New York, "MTA Bus Driver Accused Of Driving Drunk, Fleeing Accident In Queens", October 27, 2013

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