The Kalfus Nachman Blog

Kalfus & Nachman Attorney Richard Aufenger, III, Esquire, helped the victim of a drunk driver prevail in a case heard recently in Portsmouth Circuit Court. The victim was a 64-year-old, recently widowed, lifelong resident of Hampton Roads. As a result of the defendant's selfishness and careless in choosing to drive while intoxicated, the victim was struck head on by the defendant driver. The defendant was then observed urinating in the street. He was arrested and pled guilty to DUI.

The injured victim was treated at the emergency room on the evening of the crash, and had one follow-up meeting with her family doctor for sprain and strain injuries.

At trial, Mr. Aufenger, attorney for the victim, called the Commonwealth's pharmacologist to testify that the drunk driver who struck the victim had a blood alcohol concentration greater than 0.15 at the time of the collision. That is typically considered extremely intoxicated for DUI purposes. Mr. Aufenger also asked the jury to consider the trial to be an act of empowerment for the jurors, and he asked them to render a verdict that would serve as an example to prevent others from driving drunk and endangering people on Hampton Roads'thoroughfares.

The jury was out for one hour before returning with a $130,000.00 verdict. Evidently, the jury carefully considered the evidence and took Mr. Aufenger's request seriously. The community sent a message that we will not tolerate drunk driving.

While all cases have different results, if you or a loved one have been hurt by a driver's carelessness, let the attorneys at the law firm of Kalfus & Nachman, PC help you!