vehicular homicide

[Karen Root]

my son has been charged with vehicular homicide. Hes 16. failed to yield at sign on a country road intersection. both gravel. no alcohol or drugs involved.(drivers tested neg) history of serious accident at this intersection. illegal drugs in the other vehicle. broad sided the car and killed a 30 year old woman instantly. feels very bad!!! visibilty bad due to crops and lighting. skid marks from the other car not my son. The other car very old. Salvage titles (several) then rebuilt title. No seatbelts on their side. seatbelt on son. Son speed approx. 45-55. The other vehicle 65-70 is there a defense?

 

[JETX]

Yes, and it sounds like you just cited a lot of them. Get him an attorney and see what you can do.

 

[Karen Root]

I did get a lawyer. He says that some of the defenses I mention actually can prove my son was not behaving in a reasonable manner. A reasonable person would have yielded. Is it time to get a new lawyer? He seems to want to plead the case down. But if the DA dosen't plead down we'll have to "talk about" going to court or pleading no contest. I do not feel right about doing that, but thought I should wait to see if the da is going to reduce the charges before moving on to another lawyer.

 

[JETX]

Okay, lets try again. I was not trying to respond to your post with an 'iron-clad' defense strategy. You listed a lot of possible contributing factors and asked, "Is there a defense". The answer is Yes.

However, NONE of the specifics you listed provides a specific defense, but in total they could help to mitigate the issue.

For example, lets take a look at each of the issues you raised:

1) "failed to yield at sign on a country road intersection."
Obviously, this shows that he was at fault. This is a BIG Negative.

2) "both gravel."
Gravel should have required a higher degree of safety and stopping distance. Negative.

3) "no alcohol or drugs involved.(drivers tested neg)"
No effect, but could certainly have with different results.

4) "history of serious accident at this intersection."
Could be used to 'redirect' some responsibility to road authorities.

5) "illegal drugs in the other vehicle."
Could be used to 'redirect' some possible responsibility to others (lifestyle, etc.). But of minimal direct value since negative tests.

6) "broad sided the car and killed a 30 year old woman instantly."
BIG negative. Fairly young, lot of life left, possible young family.

7) "visibilty bad due to crops and lighting."
Could be used to help 'explain' traffic situation and possible causal effect.

8) "skid marks from the other car not my son."
Big Negative. Shows that son did nothing to yield.

9) "The other car very old. Salvage titles (several) then rebuilt title. No seatbelts on their side."
Could be used to show that damages (death) may not have occurred if a safe vehicle. Also, that they had SOME responsibility for using an unsafe vehicle.

10) "speed approx. 45-55. The other vehicle 65-70"
Depends on speed limits on EACH road and road conditions.

11) "is there a defense?"
Yes, there are some possible defenses. But remember, my response is based SOLELY on the information you have provided and not on the TOTAL evidence available (to your attorney). As such, you really need to talk with him/her about your issues (above) and let them do what they can.

 

[Karen Root]

thanks for your honesty in this matter. its a very difficult situation for all involved. i did get a new lawyer. he is much ready to fight. saying yes my son was negligent but not grossly so. but what i really wanted to mention is this. you say that no skid marks on my sons part indicates a failure at an attempt to yield. Are there usually skid marks at yield signs? in Kansas on most country roads you can see a vehicle anywhere from 1/4 to 1/2 mile away. you can see dust kicking up or headlights. At that point it would be reasonable to keep an eye on that guy to confirm he sees you. And at almost all intersections a "yield"would be to take your foot off the gas and slow and look. to me, no skid marks on my sons part means he plain and simply did not see the other car.
the accident was at night, the head lights were hidden by the milo. could not see dust. also an inexperinced driver, turned 16 5 days before. The other driver 33 yo. no Yield sign but would have been to the left of my son. if it had been me i would have taken my foot off the gas and looked regardless how would i know if a yield sign was there? the person on the right has the right away at an unmarked intersection. there are plenty in Kansas!!!!

 

[Karen Root]

oh! i have a question to. After a county attorney contacts the defense attorney and his client he will be pressing charges. can he do it at any time? can he wait 2-4 weeks? is there a rule on this? Seems if they decide not to press charges. then not tell anyone it would be harassment not to mention wierd.

 

[JETX]

A 'Yield' sign in his lane means that he has an OBLIGATION to look for other vehicles BEFORE proceeding. He does not have to stop but only has to assure himself that it is safe to continue. The lack of skid marks (in gravel??) tells me that he made NO effort to slow, or to even yield. If he was aware that the sign was there, he had an obligation to make sure the way was clear. If he was NOT aware of the sign (as you seem to imply), skid marks would have at least shown that he saw the sign (and was watching properly) even if at the last minute.

As for the 'delay' in filing charges, it is not uncommon for the prosecution to wait for the full results of their investigation. In fact, depending on your local statutes of limitations, charges could be filed a YEAR or two AFTER the incident.

 

[shirley22]

What went on with your son and the accident I think any lawyer almost will feel the same I have seen a few cases like this and the truth is not a whole lot a lawyer can do it's to bad this had to happen. My question is has your lawyer talked to you about that her family might try and sue if not You better ask him about it. I would say don't go from lawyer to lawyer stick it out because in this type of case there is not much anyone can do for your son the DA probably will get what they want just try to get the charges droped down or something make sure your lawyer is working on this because he is 16 and was not doing drugs etc his age has him A few years ago we went to court ofer a 17 year old ran over his friend on accident and killed him will let's just say like that case and many others this kids are still in jail. I hate to see any teenager in jail that bothers me. I can tell you are a very loveing parent who cares and I will say to you good job for standing my his side and I do hope things work out I can't give you legal advice really I'm not your lawyer but I will tell you I have dealed with two cases like your sons and heard about others in the past and most of the time they all come out diffrent so I wish I had something to take some worry off but I don't I do wish you luck

 

[JETX]

What went on with your son and the accident I think any lawyer almost will feel the same I have seen a few cases like this and the truth is not a whole lot a lawyer can do it's to bad this had to happen. My question is has your lawyer talked to you about that her family might try and sue if not You better ask him about it. I would say don't go from lawyer to lawyer stick it out because in this type of case there is not much anyone can do for your son the DA probably will get what they want just try to get the charges droped down or something make sure your lawyer is working on this because he is 16 and was not doing drugs etc his age has him A few years ago we went to court ofer a 17 year old ran over his friend on accident and killed him will let's just say like that case and many others this kids are still in jail. I hate to see any teenager in jail that bothers me. I can tell you are a very loveing parent who cares and I will say to you good job for standing my his side and I do hope things work out I can't give you legal advice really I'm not your lawyer but I will tell you I have dealed with two cases like your sons and heard about others in the past and most of the time they all come out diffrent so I wish I had something to take some worry off but I don't I do wish you luck

Wow!! All I can say is buy some punctuation for your computer. It appears that you have run out of periods, commas, paragraph breaks and even some capital letters. Looks like a trip to your local computer store is called for. Look for the "Punctuation Refill Kit".