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New Year's Day accident leads to DUII charges for Oregon man

A New Year's Day car accident has lead to drunk driving charges for one Oregon City man. According to police, they received reports of an injured man in a rest area bathroom early in the morning on New Year's Day. When police responded to the reports, they claim to have found a 22-year-old man. Police say he was injured and taken to a local hospital with serious but non-life-threatening injuries.

Police say that the man was injured in a car accident he was involved in a few hours earlier. Police say that the man's car left the road and drove into a tree lined area near Interstate 5. His car apparently hit a tree. According to reports, the tree was sheered in half as a result of the accident.

Following the accident and his hospital trip, the man was charged driving under the influence of intoxicants. From reports, it is unclear whether Oregon State Police believe that he was driving with alcohol, drugs or both in his system. However, it will be up to the police to prove any allegations.

In Oregon, those accused of DUII or other drunk driving related charges do not have the burden of proof. That burden in placed on the prosecutors. The prosecutors must use evidence gathered by police to prove that a person was under the influence when that person was driving. This can be difficult if evidence is not gathered until hours after a person was driving -- like in the recent case.

Those charged with DUII can defend against the charges by poking holes in the evidence that prosecutors are trying to use. With the right defense strategy, people may be able to get some evidence excluded from court altogether, thereby lowering the chances of facing penalties.

Source: KGW, "DUII suspect hides in rest area after crash," Evan Sernoffsky, Jan. 2, 2013

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