A bizarre set of circumstances has led to charges of driving under the influence and leaving the scene of an accident in connection with a collision that took place in Phoenix this past weekend.
Police say that a naked woman was sitting in the middle of the street near the intersection of Thomas Road and 34th Street when she was struck and killed by a Toyota Yaris. The first strange fact in the case, obviously, is that the victim was sitting naked in the middle of the road. Thus far, there have been no reasons advanced which would explain her behavior. Reports indicate merely that just after midnight, the woman walked into the intersection and began taking off her clothing. She then laid down in the street, at which point she was run over by the driver of the Toyota.
The next strange fact is that the driver stopped at or close to the scene. She then observed the commotion concerning the collision and the woman on the road, but allegedly fled the scene when police arrived. They located the woman, and after concluding that she showed signs of intoxication, they charged her with DUI and leaving the scene of an accident.
The final strange item, or so it might seem, is that there were no charges of negligent homicide or manslaughter. We are somewhat short on facts here, and while a new charge is always a possibility, it may be that there is no evidence of a causal connection between the alleged intoxication and the accident, i.e., the average unimpaired driver would not have been in a position to avoid striking the victim.
But even assuming there are no further charges, the driver is far from clear on this case. In addition to misdemeanor DUI penalties, the charge of leaving the scene of an accident involving serious injury or death is a felony.
We expect that there might be additional facts that may come to light in the case, but if there are, they likely will result in additional and more serious, as opposed to fewer, charges against the driver. In any event, we’ll stay tuned for further reports on the case, and see how it develops after additional facts are revealed.
Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004