Baltimore, MD asked in DUI / DWI for Maryland

Q: I was tipsy when I clipped a jaywalking pedestrian. Shouldn’t they get cited for jaywalking and causing a hazard instead

of me? I would've made it home fine otherwise.

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • DUI & DWI Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Were you charged with DUI? It doesn't matter if they were jaywalking. It may be that you're not guilty of failing to yield to a pedestrian crossing outside of the cross-walk, and it may also be that the pedestrian is contributorily negligent for his injuries, and it may even be none of your fault that you hit the pedestrian in the first place, but if the police came to the scene, then they have every right to make observations of you and ask you questions, and then determine whether to arrest you for drinking and driving. Since it appears that that is what happened, you need a lawyer. You may have defenses, but without going over all of the details, it is impossible to say what those defenses may be. Many people are charged with DUI after an accident, but are not guilty of the accident (the DUI was not a contributing factor). If you had your license confiscated, then you need to act fast to address that issue (within 10 days in most cases).

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