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Criminal law -- driver charged for deadly bicycle accident

An ongoing criminal investigation led to the recent arrest of an Alabama man. He is charged with a misdemeanor DUI, but a spokesman for the police department in charge of the investigation said it is likely that upgraded or additional charges will be filed soon. Although he was initially arrested and booked in a city facility, he will be recharged and processed at the county level as a matter of criminal law. He later posted his $1,000 bond and is no longer in police custody.

Authorities believe that the 27-year-old man was intoxicated at the time of the fatal accident on Oct. 8, 2019. He allegedly struck a bicyclist while driving, killing the cyclist. After being arrested for misdemeanor DUI, he submitted to a toxicology test. The results of that test are still pending.

The city in which he was arrested chose not to prosecute the case. Instead he was technically released, re-arrested, and then booked again to incorporate the expanding investigation. The county's District Attorney said this move would make it easier to upgrade his charge to a felony, something that could not be done at the city level.

Learning that an upgraded charge or additional allegations are possible can make a defendant feel helpless. He or she might not be sure how to begin creating a defense when there is so much uncertainty. It is important to remember that this is not an impossible task. Speaking with a knowledgeable attorney who is familiar with Alabama criminal law might be helpful for defendants who are in a similar situation.

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