At 22:00 on October 2, 2021, the suspect was driving an electric tricycle while intoxicated and struck the victim to the point of unconsciousness. After the accident, the suspect refused to admit the fact of hitting the victim, and due to the lack of eyewitnesses and video footage of the accident at the scene, an accident certificate could not be issued. The family entrusted King&Capital law firm Xu Wei, Shi Nui lawyer intervention, after the lawyer's efforts, the suspect is now suspected of traffic crime was criminalized.

The victim suffered serious physical damage in the accident, including right side craniocerebral injury, right side intracranial pneumoconiosis, right side skull fracture, frontal lobe cerebral contusion, left side rib fracture, left side multiple rib fracture, in short, the head and the chest suffered serious injuries, the consciousness is more blurred, and has been sent out of the province for treatment.

After the accident, the suspect not only failed to save the victim in time, and denied the fact that the collision, the traffic police team commissioned the appraisal agency, by analyzing the vehicle traces, comparing the vehicle scratches and the victim's clothing pattern and other methods, gave a tricycle and the victim collision and fall, can form the conclusion of the traces. In other words, the tricycle can be identified as the vehicle involved in the accident.

After the lawyer intervened in the case, he initially thought that the suspect was suspected of the crime of traffic accident, because according to the Interpretation of Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accidents, driving a motor vehicle while intoxicated, which resulted in serious injuries to more than one person, and was responsible for the entirety of the case, constitutes the crime of traffic accidents.

But the lawyer found that the case lasted more than 5 months, not only the victim has not been identified, and the traffic police team just issued the "accident certificate" omitted the suspect driving under the influence of alcohol and denied the circumstances of the accident, and there is an error in the application of the law, which is very unfavorable to the pursuit of criminal responsibility of the suspect.

The traffic police believe that the suspect is not suspected of criminal offenses, the reason is: even if the blood alcohol concentration content is high, but the electric tricycle does not belong to the criminal law provisions of the motor vehicle, so do not have to bear criminal responsibility.

To this end, the lawyer on behalf of the victim and his family to file an application for review of the accident certificate, while urging the traffic police team on the victim to carry out injury identification, to determine whether it constitutes a serious injury.

After many communications with the traffic police, in May 2022, the traffic police added in the new Accident Determination Certificate to clarify the facts that the suspect was driving under the influence of alcohol and denied the act of committing the accident, and at the same time, the traffic police recognized that the electric tricycle involved in the case belonged to the motor vehicle stipulated in the Criminal Law.

In July 2022, the Traffic Police received the conclusion that the victim constituted a serious injury.

On August 8, 2022, the available evidence confirmed that the suspect's behavior was fully consistent with the circumstances of the legal recourse, and the Traffic Police notified the victim's family that a formal criminal case had been opened against the suspect.

Thankfully, the victim has regained consciousness after 10 months of treatment and has now been discharged from the hospital to return home for further treatment.

At this point, the case has entered the criminal process, the lawyer will represent the victim and the victim's family to continue to pursue the suspect's criminal and civil liability.