- I have a client(Lady)who was charged and convicted of manslaughter
because her car broke down on Interstate 85 S.and a young man,drinking
beer,driving over the speed limit swerved to miss her car and had a
wreck and killed himself.This case is now on appeal.My client received 8
years in prison because her car broke down in Alabama.Can anyone help me
with any case law regarding a similar situation.I am not a lawyer.I am a
Private Investigator hired by this lady to help her lawyer on appeal.Any
ideas would be greatly appreciated.
> Have you tried the ACLU or NAACP? THey have a lot f requests, but will sometimes provide legal assistance. In what could be a high profileI do know of a sort of related case, but unfortunately can't recall the girl's name. Her car blew a tire on the freeway during morning rush
> case such as this, they may help.
hour. She did have a DUI from one or two years prior, and had had a couple of glasses af wine the night before. Definitely not enough to be
more than a trace by morning, since she had the wine with dinner, slept a full night and was on her way to work. She also admits that her
tires were getting worn. Her car spun out and flipped. She was OK, and no one hit her car, but there was of course a lot of swerving to
avoid her vehicle, and other accidents occurred because of this. One of those vehicles involved in the chain reaction was an airporter van.
Some of the passengers did not have seat belts on. An old man, unbelted, died in the accident.
The young girl went to jail for murder. I felt that it should have been vehicular manslaughter at most, but because she had a prior DUI and
there was still a trace (trace only) of alcohol in her blood, she was automatically at fault. There may also have been an element of
negligence for the tires being worn, I'm not sure. She had a ton of support, financial & otherwise, from friends and family, and supposedly
great attorneys. She was doing about 2-4 years time for the offense, the last time I knew.
> Date: Thu, 31 Aug 2000 23:13:02 -0000
> From: "Jamey " <tresrottnj@...>
> Subject: Re: Manslaughter Appeal
> Mr Miller,
> >From a laypersons point of view I would hope you are investigating
> atty. for sheer idiocy. They are appealing I hope. I do understand
> where you are coming from(about the racial thing, re-elections,) but
> have a hard time believing that to be the only reason for the
> conviction. If the boy was legally intoxicated, this was discovered
> autopsy and entered in the court records? Yet ignored?
> I do know 85S (traveled down that way quite a bit)and I am trying to
> understand how the incident happened. Did she break down right in the
> middle of the highway? Was she on the side of the road? Was the
> accident scene investigated properly to prove that he was speeding?
> (speed limit is 70 down there)
> I just can't think of any cases similar to a drunk hitting someone
> that someone getting sent to jail. The drunk, yes. The innocent
> they hit? no.
> What exactly did the Atty do in order to defend his client??
> It sure doesn't sound like much.