The man found responsible for a 2009 DUI-fueled crash involving three vehicles, that left a 19 year-old woman severely injured, has been convicted on all of the nine counts he had faced, as reported by The Daily Courier.
D.H., 64, faced charges of aggravated assault, endangerment, criminal damage and DUI, among other indictments.
The head-on collision occurred in May of 2009 on Highway 89A when D.H. drove over the center median of the road and into a car driven by a 19 year-old woman. A driver in a third car sustained minor injuries.
However, according to the Department of Public Safety (DPS), the young woman had to be flown to a Phoenix hospital for treatment.
Ken Ray, the attorney representing D.H., argued that his client's blood alcohol content – registering at .241 following the accident – was incorrect. Ray said that D.H. was experiencing extreme emotional distress at the time the test was taken, and that effected the test's outcome.
Ray argued, "It seems the state was suggesting that if you drink and drive, you have to accept the consequences of that. That is not the law. They'd better shut down that whole block."
The "whole block" that Ray was referring to is an area called "Whiskey Row."
The state said that D.H.'s blood alcohol content was that of a person that had consumed 12 alcoholic beverages.
Ray told the jury, "There is ample evidence to cause reasonable persons to believe he had two drinks. Twelve drinks? In one hour?"
Ray further claimed that the device that registers blood alcohol is imprecise.
Ray explained that just before D.H. crossed over the median, he had been trying to control two dogs that were in the front seat with him. As he reached over to deal with his dogs, he was unable to maintain his vehicle on route.
As D.H. veered over the median, his car flew up into the air, finally coming to a rest on the other side of the Highway – in the opposite lanes of oncoming traffic.
Ray said that a DPS officer that testified about seeing only one dog changed his story. Ray claimed that the officer said he only saw one dog because he had heard Ray's opening statements – that included the story about the two dogs.
Ray said that it was "troubling" that DPS did its only investigative work shortly after the accident occurred, in the dark. He felt that the investigation could not be conclusive if not done during the daylight hours.
Steve Sisneros, the Deputy County Attorney, argued that D.H. was most definitely drunk. According to Sisneros "At this level, you can't do anything right. Defense counsel wants to argue stress or margin of error (as the reason for the high BAC). Knock it down five percent, it's still high."
Sisneros added that there was "zero indication" from D.H. at the time of the accident that the dog(s) had played a role. Sisneros said, "We have a man who knew he was impaired by alcohol...we have him on the wrong side of the road. Now, he wants to blame his dog."
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