Surveillance Video Shows Suspected Drunk Driver Striking Pedestrian in Tempe

The Walmart parking lot in Tempe was the scene of a crash Friday evening in which a woman walking to her vehicle was struck by car. The collision was witnessed by others in the parking lot, and was also caught on surveillance tapes. Police say that the driver of the car struck two other vehicles at the intersection of East Southern Avenue and South Rural Road. They claim the driver attempted to flee the scene by speeding through the Walmart lot, when she struck the woman as the woman approached her van. The van, which also suffered damage in the collision, contained the five children of the woman who was hit. Fortunately, the injuries sustained by the woman were not life-threatening, and none of her children were injured. Investigators report that the driver’s preliminary blood alcohol content (BAC) was in excess of 0.20.

As we are seeing more and more these days, the charges in this case of alleged driving under the influence involve a lot more than DUI. They also include endangerment (six counts), hit and run, and aggravated assault.

The drunk driving charge, moreover, is not your typical charge. A simple DUI ordinarily involves a BAC of 0.08 or more. When the BAC reaches 0.15 (extreme DUI), the potential penalties in the event of a conviction increase. And when your BAC is 0.20 or more, it is known as “super extreme” DUI, with even more severe penalties, including 45 days of mandatory jail time. But those penalties, significant as they are, pale in comparison with the possible consequences of some of the other charges, in particular, the aggravated assault charge.

Aggravated assault consists of a number of possible scenarios, one of which is the reckless causing of serious physical injury to another person. “Serious physical injury” is a defined term under Arizona law, and the phrase means that the injury includes the risk of death, or causes permanent and serious disfigurement, or serious impairment of one’s health or of a limb or bodily organ. Because it is a class 3 felony, the potential sentence is much more significant than that of the DUI charge alone.

We expect to see an increase in the number and level of charges against those accused of drunk driving.

The Feldman Law Firm PLLC
1 E. Washington Street
Phoenix, AZ 85004
(602) 540-7887

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