Posted in Uncategorized on March 12, 2013
A Tulsa motorist provided police with evidence to assist prosecutors in building a DUI case against her following a car accident on Monday evening. Sarah Graham is accused of driving westbound in the eastbound lanes of I-244 when her Kia crashed into a car driven by another motorist.
Following the accident, Tulsa police officers approached Graham who informed them she was driving home from the Cain’s Ballroom where she had consumed three beers. The information provided by Graham will likely be used against her should the District Attorney decide to charge her with Driving Under the Influence.
Although Graham was under no obligation to speak with the police, a voluntary decision to speak with officers permits them to evaluate the driver’s condition for suspicion of DUI. The officers will generally evaluate a driver for evidence of slurred speech, staggered gait, being unsteady on their feet, glossy eyes or the odor of alcohol. Although Graham may have believed that she was being polite in speaking with the officers and answering their questions, in reality she was merely providing them with evidence to use against her in a subsequent criminal case.
For the motorist, in addition to the negligence claim that he can pursue against Graham, he may have another potential claim against Cain’s Ballroom for dram shop liability, which requires businesses or individuals who sell intoxicating beverages for on the premises consumption to exercise reasonable care not to sell liquor to a noticeably intoxicated person.
If you have questions about DUI laws, auto accidents or dram shop liability, contact the car accidents lawyers at Bryan & Terrill at 918-935-2777.