[Response to Drunk Driving Accident Charges] Suspended Sentence Secured Despite a Third Offense and an Injured Victim

Although the client in this case worked as a professional driver, the client already had two prior records of drunk driving.

The client had been careful all along, thinking, “If I am caught for a drunk driving accident even one more time, it is truly over,” but after drinking the client failed to exercise restraint and impulsively took the wheel.

The client judged that it would be fine because the distance was short, but this choice ultimately led to a collision with a city bus that injured several passengers, and the matter escalated into a drunk driving injury case.

1. Where it is a first drunk driving offense or there is no record of a fine or heavier punishment within the past 10 years

2. Where there is no record of a fine or heavier punishment for a drunk driving-related crime within the past 10 years

3. Where a drunk driving accident causes injury to or the death of a victim

Although the client repeated the same mistake, the prior record before this case dated back about 10 years, which is a long time in the past.

Even though the client was caught again after a long interval, the client did not argue that the punishment was unfair. Instead, the client regretted the wrongdoing and was sincerely remorseful.

The drunk driving case team organized the materials so that the client's sincere remorse could be conveyed clearly, and the team explained the necessary procedures.

Immediately after the drunk driving accident, the client made efforts to address the accident, and the client cooperated faithfully throughout the investigation.

By supporting the victims so that they could receive appropriate treatment, the client obtained statements that the victims did not wish for punishment and reached a settlement without incident.

The victims had relatively minor injuries and were not significantly impaired in their daily lives.

Obtaining the victims' statements that they did not wish for punishment is one of the important sentencing factors, and with the attorney's assistance a settlement was reached on reasonable terms.

After this case, the client looked into information for disposing of the vehicle and made efforts on many fronts so as not to repeat the same mistake.

Including this incident, this was the third time the client had been caught, yet the client pledged that, if given the chance for leniency, the client would never drive under the influence again, and the client received help from a treatment facility and from those around the client.

If you cause a drunk driving accident like the client in this case, you should not flee the scene out of panic, and you should focus on taking measures to aid the victims.

If you take no measures after a drunk driving accident, this constitutes a failure to take measures after an accident, commonly called a hit-and-run, and the level of punishment becomes even higher.

Fortunately, the client in this case focused on aiding the victims and on restoring the harm after the accident, and as the client had hoped, the court granted a suspended sentence rather than an actual custodial sentence.