West Virginia authorities recently charged a Martinsville Central Elementary School principal with DUI following an ATV accident in which a woman was injured, according to a WBIW.com report.
Authorities said Peter Jochim, 35, was driving an ATV in Morgantown when he made a sharp left-hand turn, which caused a passenger to fall off, the news agency reported. The passenger, Kristina Koons, 35, an aide at Martinsville Central, was taken to an area hospital for treatment of head injuries, according to the website. The school district is also investigating, WBIW indicated in its report.
Attorney Sean Logue’s Take
This is a very interesting case, where the timeline is of special significance. When was Mr. Jochim driving the ATV? When were chemical tests completed? I ask because of something known as “the rising blood alcohol defense.” Could it be possible that Mr. Jochim was not impaired at the time of the crash, and that his blood-alcohol content rose during the time it took authorities to test his BAC?
Another question that needs to be asked: Where was Mr. Jochim driving when the accident occurred? Was he on a public throughway? Or was he off-roading on private property? Because it’s not illegal to drink and drive an ATV on private property. It is only illegal to drink and drive on public highways and byways. Mr. Jochim needs to hire a superior criminal defense lawyer who specializes in DUI law to see if these are viable defenses.
Adequate representation is especially important to professionals such as Mr. Jochim, who is a school principal and who could lose his job over the charges. Just recently, a school superintendent and athletic director were dismissed from their respective positions following DUI charges being levied against them.
I am a seasoned, experienced attorney who has been distinguished as a member of the Top 40 Under 40 Trial Lawyers organization, and also through inclusion in the Pennsylvania Super Lawyers Rising Stars list. I was also named one of the 10 best criminal defense attorneys in the state of West Virginia by the American Institute of Criminal Law Attorneys, and I will fight for your rights if retained.
The passenger, Kristina Koons, 35, an aide at Martinsville Central, was taken to an area hospital for treatment of head injuries, according to the website. The school district is also investigating, WBIW indicated in its report.
Source: WBIW News: Martinsville Central, Elementary Principal arrested on DUI charge
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