A Washington man was apparently injured after being thrown from the vehicle that he was riding in. Although, sadly, this may not appear uncommon for certain accidents, the circumstances surrounding the man’s injury were perhaps anything but ordinary. Additionally, the driver of the vehicle was also arrested and charged with DUI.

After being notified of a possible injured passenger, police showed up to the scene shortly after 11 p.m. Police reported that they located a man who was unconscious and had suffered serious head injuries. Apparently, shortly before being tossed from the vehicle, the 24-year-old passenger had decided to seat himself in the open window of the vehicle, with his legs inside of the vehicle and the rest of his body out of it.

When the 22-year-old female driver stopped with little notice, her passenger was tossed out of the vehicle and injured. The man was transported to an area hospital, although his condition was not made available. The driver was arrested, although it is unclear whether the police utilized any chemical testing or field sobriety tests to determine if she was actually under the influence or not.

Although she has only been charged with a DUI at this time, as we previously discussed on Sept. 19 (“Second DUI offense can result in aggravated DUI charge”), individual circumstances concerning the arrest can potentially affect how the defendant will be charged in Washington. However, to convict her of an elevated charge or even a DUI, the prosecution must be able to prove every aspect of her charge beyond a reasonable doubt. This burden must be carried by the prosecution, as a defendant is protected by the presumption of innocence.