A 58-year-old man is dead following an accident police believe to have been predicated by drunk driving, according to local sources. The man, who was struck by another individual on an off-road vehicle, was killed around 1:30 a.m. the morning of Feb. 21. The individual believed responsible for the accident has been charged with DUI among other charges.
Little is known about the accident that claimed the life of the 58-year-old man. However, it has been alleged that he was struck from behind by the driver of a recreational off-road vehicle while riding his bicycle near Interstate 15 in Nevada. The man was pronounced dead soon after the accident.
The driver of the off-road vehicle, a 28-year-old man, has apparently been hospitalized with several injuries described as being non life-threatening. He now faces several charges being filed against him by Nevada police. These charges include driving under the influence causing death, driving without a license and failure to yield to a bicycle.
It will be the province of the Nevada prosecution to prove beyond any sort of reasonable doubt that the driver of the off-road vehicle was drunk at the time of the accident in order for the DUI charge to be admissible in court. No mention was made in the report of any roadside sobriety testing that may have taken place. If that testing was not conducted, or if it was conducted in a manner inconsistent with the rights of the individual, any evidence gleaned from this testing could be deemed inadmissible in court.
Source: Las Vegas Sun News, “Off-road vehicle driver facing DUI charge in bicyclist death“, Feb. 22, 2016