Carroll County Alcohol-Related Collision Yields DWI/DUI Charges
The Baltimore Sun reported in an article on January 11, 2009, that alcohol may have been a factor in a fatal January 10 car accident in Carroll County. According to the Sun, 21-year-old Timothy Mahoney of Sykesville lost control of his vehicle early on the morning of January 10. Mahoney crossed over into the opposite lane of Route 32 and struck a truck driven by Richard Dixon, also of Sykesville.
Mahoney was pronounced dead at the scene and Dixon was treated for injuries at the Maryland Shock Trauma Center. Officers found an opened case of beer in Mahoney’s vehicle.
The Sun also reported that one of the witnesses to the crash, Brian Noyes of Eldersburg, had also been drinking. When deputies administered an alcohol test at the scene, Noyes’s blood alcohol concentration was 0.06, lower than the legal limit for intoxication.
At first glance, the charges against Noyes may be difficult to prove in court. After all, his tested BAC was below the legal driving under the influence (DUI) limit of 0.08. However, Noyes is only 20-years-old and in the state of Maryland, no alcohol is permitted in drivers under the age of 21. Deputies charged Noyes with driving under the influence and driving while impaired.
Under state rules, a driver who is of legal drinking age can be charged with DWI for a BAC as low as 0.04.
While the motives behind the drunk driving laws of Maryland are based on a concern for public safety, those laws can also push against the Constitutional protections. If you have questions or concerns about this subject, please contact Meng & Alpert, LLC, toll free at 866-444-6363. Our top Maryland drunk driving defense attorneys are more than happy to assist you with your case.
