M
msheridan
Guest
What is the name of your state?California
My husband was involved in a accident Sept 17, 2003. He was driving his work truck (big rig) loaded with material ( Double bottom hauler) through Napa county. A European toursit and her husband were in the vechile in front of him (50 to 100 feet) when they decided to slow down without breaking and pull to the right shoulder. As my husband decided to go around them, they decided to pull a left in front of him to make U turn since they wanted to go back to see a winery. The road in question is a 2 lane highway (1 lane of traffice in both directions) and was on a flat stretch of highway. As they began to make their turn, my husband used is airhorn and began pulling further into the uncoming lane to avoid hitting them. Unfortunately, the truck right fender hit the car and the truck ended up stopping on top of flipped over car. My husband was only going 33 MPH on a 45 MPH speed limit. The driver die a few hours after the accident and her husband lived. CHP investigation reccommended vechicular manslaughter w/o gross negligence 192 c 2 for unlawing trying to pass the vechile and following to close to stop.
We have a lawyer since Feburary trying to fight the DMV over license suspension but to no avail and this is currently under departmental review. We just received a letter from the Napa DA for a court appearance exactly 1 year from accident, Sept 17, 2004.
What is the limitation on this misdemeanor offense? Is it 1 year from accident or 1 year from recommend charges? We have had 2 lawyers say the DA has 1 year to bring up charges but no sure which 1 year anniversary we are dealing with. My understanding this misdeameanor offense only carries a fine and/or up to 1 yr county jail. Anyone know what the average punishement is for this misdemeanor?
It just seems odd that they would wait until the very last second to get this in with no contact for 11 months.
My husband was involved in a accident Sept 17, 2003. He was driving his work truck (big rig) loaded with material ( Double bottom hauler) through Napa county. A European toursit and her husband were in the vechile in front of him (50 to 100 feet) when they decided to slow down without breaking and pull to the right shoulder. As my husband decided to go around them, they decided to pull a left in front of him to make U turn since they wanted to go back to see a winery. The road in question is a 2 lane highway (1 lane of traffice in both directions) and was on a flat stretch of highway. As they began to make their turn, my husband used is airhorn and began pulling further into the uncoming lane to avoid hitting them. Unfortunately, the truck right fender hit the car and the truck ended up stopping on top of flipped over car. My husband was only going 33 MPH on a 45 MPH speed limit. The driver die a few hours after the accident and her husband lived. CHP investigation reccommended vechicular manslaughter w/o gross negligence 192 c 2 for unlawing trying to pass the vechile and following to close to stop.
We have a lawyer since Feburary trying to fight the DMV over license suspension but to no avail and this is currently under departmental review. We just received a letter from the Napa DA for a court appearance exactly 1 year from accident, Sept 17, 2004.
What is the limitation on this misdemeanor offense? Is it 1 year from accident or 1 year from recommend charges? We have had 2 lawyers say the DA has 1 year to bring up charges but no sure which 1 year anniversary we are dealing with. My understanding this misdeameanor offense only carries a fine and/or up to 1 yr county jail. Anyone know what the average punishement is for this misdemeanor?
It just seems odd that they would wait until the very last second to get this in with no contact for 11 months.