Mark Davis has been charged with Driving While Intoxicated ( DWI ) for reckless driving , speeding , four counts of felony assault , and one count of involuntary manslaughter as the result of a crash that occurred on a night out with his friends . Mark has been out on bail and pleaded not guilty when he was arraigned . The Judge set a date for Mark ' s trial and his defense team has been working to collect information about the technology used by the Highway Patrol to reconstruct the crash . District Attorney O ' Malley offered Mark a plea bargain , but Mark chose to take his chances at trial . Mark ' s attorney , Mr . Chen Long , advised Mark that accepting the plea offer was completely up to Mark , although Mr . Long advised against accepting it because the defense planned to highlight mistakes made by law enforcement during the investigation that could create reasonable doubt in the minds of the jurors . The trial begins and during the voir dire of potential jurors , several individuals are excused because they have previous knowledge of Mark ' s case from the media . Two individuals stated that they could not be impartial because they had loved ones killed in alcohol related crashes as well . Eventually , two men and ten women were seated in Mark ' s trial . District Attorney O ' Malley presented the State ' s case clearly and concisely depicting a night on the town full of heavy drinking , which ultimately resulted in Mark ' s actions causing the death of one individual and injuring four others . Highway Patrolman Green explained to the jury that he immediately suspected alcohol when he arrived on scene because Mark appeared to be intoxicated when they spoke . Following the Judge ruling that it was admissible and not prejudicial , Sergeant Rodney Monroe , from the Highway Patrol Reconstruction Team presented their reconstruction complete with a high-tech computer animated reenactment of the crash . During the cross examination , Defense Attorney Long challenged the reconstruction because the Defense Crash Reconstruction Expert had discovered errors in the mathematical calculations for vehicle speed . The jury appeared to have liked the reconstruction very much regardless of the errors highlighted by the defense .