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Felony hit and run involving death and involuntary manslaughter case. Victim driver had a suspended license.? |
I have a friend involved in a hit and run case involving death. My friend borrowed his brother's car and mis-timed a traffic light and hit another car. Both car spun out of control ending up 500 feet apart. Too far to see the damages especially at the angle both cars ended up. My friend (Borrowing his brother's car) was in a state of shock and panic. Traumatized, his first instinct was to run. It was found out later that the victim of the other car only had a shoulder belt on and no lap belt causing the victim to have a laceration to his neck resulting in death. The driver (who was the victim) also had a suspended license. With all due respect for the victim, can my friend use the suspended license to help his case (minimize the punishment)? Toxicology report is still pending for the victim. If it is found that the victim was also intoxicated, can that be used as well? Do these things matter if you are the victim of the accident? My friend has valid dl and insurance. Your friend's insurance company will help him with the civil case. He will need his own attorney for the felony case. If he cannot afford one, the court will appoint one for him. Ye, he can use mitigating circumstances. They will not negate his carelessness and willful disregard for the law both in running the traffic light and in fleeing the scene. Your friend will probably spend some years in prison for his criminal behavior. They might help in a civil case, but not in a criminal case. buy your friend some soap on a rope hes gonna need it. Ask a lawyer. that wouldl be your best bet He can only use this information as a 'defense' if he's trying to say that he didn't actually cause the accident, the other driver did. He can't say 'oh, it was entirely my fault that this person is dead, but s/he wasn't a very good person, so it shouldn't count as severely as if I killed a nun.' If the accident was your friend's fault, and he is not arguing responsibility, then no, he can not use the victim's mindset, criminal history, or anything else to 'help' his case. It doesn't matter whether the victim had a suspended license,didn't have the proper seatbelt on or even if he was drunk. Your friend was the cause of the accident,the victim was not. The more serious offense that your friend is looking at is leaving the scene of an accident that resulted in death. He can in no way blame the victim for this more serious offense,his actions alone were the cause. your friend is guilty |
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