Law enforcement and prosecutors have been waiting nearly seven months for results that would confirm exactly who was driving the car involved in an injury accident in Fort Pierce, Florida; they got their answer this week.
Officers previously suspected 26-year-old Maria Guadalupe Zapeta was behind the wheel of a car that injured a pedestrian and cause significant property damage in August of last year. That evening, a vehicle left the roadway at South 18th St. and Delaware, striking a pedestrian and coming to rest after hitting a palm tree.
The victime spent several days in the hospital. The vehicle was totaled at the scene, but police were unable to determine who was driving at the time of the incident. They tested all individuals present for intoxication, and Zapeta recorded a .204% on a breath analysis. No charges were issued, though, because Zapeta said she was not the driver.
Blood taken from the airbag on the driver's side was analyzed for DNA evidence. The deployment of that airbag and injuries on Zapeta's face seemed to show she was at fault in the accident; however, this evidence may not have been enough for a jury to convict Zapeta. She consented at the scene to provide DNA for sampling. The vehicle was impounded for search.
When the tests did come back, Zapeta was charged with reckless driving, DUI and two counts of giving false information to police. Further, Zapeta was in violation of her probation at the time of her accident.
It is not all together uncommon for individuals involved in an accident to point to another passenger, saying the passenger was responsible. This is a defense often used if the passenger is more sober than the driver. However, it is fairly easy for police officers to guess who was driving based on physical evidence like the injuries Zapeta sustained.
Photographs of these injuries could have been presented to a judge or jury in a trial as evidence of Zapeta's role in the accident. As a rule, though, prosecutors prefer to go to court with "hard" evidence; in fact, this is often the same reason they seek a BAC test instead of just completing a field sobriety test. It can be a challenge to convince a jury of guilt beyond a reasonable doubt in the absence of hard evidence.
Law enforcement officials waited to bring charges in this case because, if they had pressed charges immediately, Zapeta could have pushed for a fast trial prior to the evidence being prepared, compromising the likelihood it would be entered into the case.