In Alabama – sentencing guidelines recommend that drivers involved in fatal pedestrian collisions should not go to jail. However, in a recent personal injury case involving a 75-year old resident who struck and killed a pedestrian – a judge has recommended incarceration. The man was convicted of manslaughter, DUI, and related misdemeanor charges. Authorities report that the man hit the pedestrian after getting behind the wheel intoxicated – under the influence of alcohol mixed with prescription medication. The victim was walking alongside the road when she was struck and killed by the vehicle.
The defendant was sentenced to 14 years in prison, though 12 of those years were suspended. He will likely spend two years in prison before being released – pending no additional arrests. It is mandatory that the defendant complies with probation regulations for three years after release from jail to avoid serving the remainder of the 14-year sentence.
Currently, the defendant is out on a $10,000 bail while the sentence is appealed by his criminal defense attorney. He plead guilty to the manslaughter charges in February, though it does not appear that DUI was included with those charges. This is often the result of a criminal defense lawyer negotiating a plea deal. The man had a BAC (blood-alcohol content) of just 0.059% at the time of the crash – though it’s argued that he was clearly impaired due to the combination of alcohol and medication. Defendant states that he “blacked out” and struck the pedestrian while driving.
Have you recently been accused of a crime? Schedule a free consultation with a criminal defense attorney. Our team has decades of combined experience defending thousands of cases in Huntsville, Decatur, Athens, and surrounding North Alabama areas. Get started today by calling (256) 539-4464 or completing a case evaluation form online.
Source: blog.al.com, “Prichard man sentenced to two years for fatal accident that killed pedestrian” Brendan Kirby, May. 08, 2013
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