Fatal DUI case waits on blood after field breath test shows 0.06
The Saratogian has the details of a pending case involving a 56 year old driver - Kay VanAvery - awaiting charges stemming from a crash resulting in a fatality. VanAvery pulled out of a parking lot in front of two motorcyclists, who were thrown from their bikes and subsequently transported to the hospital where one of the men died.
Interestingly, because the first breath test revealed a legal (0.06%) BAC, the DA must wait for a blood test before filing charges. If the blood test reveals a slightly higher result of 0.07%, the DA is expected to file a charge of driving while impaired, vehicular manslaughter, and vehicular assault. If the blood test is less than 0.07%, the only charges will be vehicle and traffic violations, which carry a much lighter penalty.
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