Originally posted by AWMac
06/21/2005
Charged with failure to stop after an accident? I thought they had a legal word for what he did.... Vehicular Manslaughter?
Any Lawyer types out there let me know if I'm wrong.
mac
Hi Mac,
This won't be of much comfort, but in most municipalities the DA determines what offenses the offender will be tried for, and that too is often based on what they believe they can get a conviction under or the seriousness of the crime. Often they will go for a lesser included offense simply because they know they can get a conviction or because it is a first offense and they don't want to throw the book at the accused.
I'm no lawyer, but in the case of a fatal accident involving a pedestrian, it has been my experience that IVM - involuntary vehicular manslaughter is usually reserved only for those who were driving under the influence and VVM, voluntary vehicular manslaughter is usually reserved for those who kill someone while committing another crime such as fleeing from the police. In this case, he was charged with "failing to stop after an accident" but had he stopped the charges would probably have been simply a variety of failure to stop or maintain control of a vehicle which is a points offense.
Ultimately, the only real justice one can look for is not on this side of eternity, but rest assured that anyone with a conscience that has not been totally seared is going to be haunted by the fact that their sinful stupidity resulted in the death of a little girl and that they were too cowardly to even stop after the accident. There will also be considerable public approbrium heaped on them. Michael Jackson and OJ may have "gotten off" in court, but the majority of the public know what the real score is and have nothing but contempt for them now.
BTW, most DAs are more than willing to speak with the family of the victim and you should certainly contact the DA prior to him/her giving sentencing recommendations to the judge. Most states have victims rights laws which allows you to make an "impact statement" indicating how the crime has affected you and your family.
Glossary of Legal Terms Manslaughter - The unlawful killing of another without intent to kill; either voluntary (upon a sudden impulse); or involuntary (during the commission of an unlawful act not ordinarily expected to result in great bodily harm). (See also murder.)
- SEAGOON