A San Antonio driver was charged with failure to stop and render aid when he struck and killed a 67 year old pedestrian that was crossing S. Zaramora on Thursday. The driver of the vehicle fled the scene and later parked at a Whataburger, abandoning his vehicle and fleeing on foot. The driver of the vehicle claimed that he did not see the pedestrian. The driver’s assertion that he did not see the pedestrian was challenged by an investigation that revealed that the pedestrian struck the windshield of the automobile which is probably what led the driver to later abandon his vehicle. The driver of the vehicle turned himself in to authorities.
A driver that is involved in a fatal or injury causing accident may actually have an incentive to flee the scene if the accident was caused because the driver was intoxicated while driving. The penalties for failure to stop and render aid are much less severe than intoxication manslaughter. The reduced penalties for failure to stop and render aid will sometimes cause people to flee the scene of an accident and then later turn themselves into the authorities after the alcohol has left their system.
Alcohol will leave a person’s body at the rate of approximately 1 drink per hour. Therefore, if someone can remain at large for 12 to 24 hours it is likely that any tests for alcohol will not reveal alcohol in the driver’s system. A skilled lawyer and experienced law firm, through the use of an investigator and other techniques, may be able to prove the driver was intoxicated through the use of witnesses and documentary evidence tracing the driver’s whereabouts prior to the wreck; however, it is more difficult without the use of a breath test or blood test.
