Vehicular Homicide Charge After an Accident, Blinded by the Sun
My question involves criminal law for the state of: Alabama.. I was diving down the road to help my grandpa who at the time had just started chemotherapy and was diagnosed with cancer. As i came around a curve the sun light blinded me bad ,i automatically reached for my visor as i pulled it down, bam . Head on collision. No time at all. I woke up to the other driver instantly gone. I told the police an animal jumped out in front of me. Although i was in an accident a couple weeks prior where I actually hit a deer . this was not the case. i was advised by an attorney not to go to change my story though. So I didn't. I hired an investigator and the attorney as geico insurance said they wouldn't cover me and he fixed that which was great but Later I was indicted for vehicular homicide. Then the lawyer wanted ten thousand more to start which I couldn't afford as my son was born days before. I just had finished buying all the stuff any woman would want and what my child needed. but so i was forced to accept a court appointed lawyer who at first only wanted a plea. Well i asked him to continue it so we could build the case which i thought was done when i had a gut feeling to call him i had to leave several voicemails and called once more BC it was eating at me turns out i had plea day the next morning . So i showed up of course and was talking to him in the hall outside court begging him to get it continued as nothing had been done to build my defense well my name was called and they set my trial for this term which was the next week. This week! I had jury selection today and the estimated trial date is Monday! What do i do? Im preparing to face it head on praying for gods help. But i have to do my part too. Can anyone suggest anything? I lost my daughter to SIDS and i do not want to miss out on my sons life . I've lost two good jobs due to this and im not even able to be here emotionally for my wife or myself. Im so stressed out but i can't let this slide by and go to jail either. I've been told by my public defender this is being pushed like this because the victims family is very politically active and its election season. too so that is contributing to. I do believe the public defender is starting to put forth effort but is it enough? He's only 26 and never handled any cases like this.hoelw can i build my defense im charged with crossing the center line and it being proximate cause of death.
Re: Sun Blinded Me and Man Died, What Can I Do
You should have slowed down when the sun blinded you.
Your family life has nothing to do with it.
You need to hire a lawyer first thing in the morning. Or go through with the lawyer you have.
Re: Sun Blinded Me and Man Died, What Can I Do
So do you have any advise as to what I can do to help me prove my innocence my truck was in my lane after the accident and my front passenger tire was of the side of the road but witnesses seen me go into the other lane slow down and pull my wheel to right
Re: Sun Blinded Me and Man Died, What Can I Do
It is difficult to advise a liar. They will say anything to mitigate their culpability. How is anyone to know the true facts? Further, we cannot second guess your lawyer who presumably has at least a better grasp on all your claims. It is reasonable to assume the jury will accept the testimony of witnesses as being somewhat accurate otherwise it is unlikely you would have been charged. Consider your testimony, if any, in that light.
Re: Sun Blinded Me and Man Died, What Can I Do
ok. My only evidence is the dash cams from the first responding police. Which are blinded out by the sun. My own pictures of the curve, the sun, and showing the wreck occurred only feet after the curve and the sun being completely hidden on the road up to this point . I've also had to get character witnesses,and witnesses to tell about their experiences with the sun blinding and to testify this is a bad road. Is there anything I can do to further prove that I am being 100% honest? I do have pictures to prove the lines on the road at this particular spot are completely faded away,does this fact make any difference?
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Sorry, yes im following.
Re: Sun Blinded Me and Man Died, What Can I Do
Quote:
Quoting
rrs2007
My question involves criminal law for the state of: Alabama.. I was diving down the road to help my grandpa who at the time had just started chemotherapy and was diagnosed with cancer. As i came around a curve the sun light blinded me bad ,i automatically reached for my visor as i pulled it down, bam . Head on collision. No time at all. I woke up to the other driver instantly gone. I told the police an animal jumped out in front of me. Although i was in an accident a couple weeks prior where I actually hit a deer . this was not the case. i was advised by an attorney not to go to change my story though. So I didn't. I hired an investigator and the attorney as geico insurance said they wouldn't cover me and he fixed that which was great but Later I was indicted for vehicular homicide. Then the lawyer wanted ten thousand more to start which I couldn't afford as my son was born days before. I just had finished buying all the stuff any woman would want and what my child needed. but so i was forced to accept a court appointed lawyer who at first only wanted a plea. Well i asked him to continue it so we could build the case which i thought was done when i had a gut feeling to call him i had to leave several voicemails and called once more BC it was eating at me turns out i had plea day the next morning . So i showed up of course and was talking to him in the hall outside court begging him to get it continued as nothing had been done to build my defense well my name was called and they set my trial for this term which was the next week. This week! I had jury selection today and the estimated trial date is Monday! What do i do? Im preparing to face it head on praying for gods help. But i have to do my part too. Can anyone suggest anything? I lost my daughter to SIDS and i do not want to miss out on my sons life . I've lost two good jobs due to this and im not even able to be here emotionally for my wife or myself. Im so stressed out but i can't let this slide by and go to jail either. I've been told by my public defender this is being pushed like this because the victims family is very politically active and its election season. too so that is contributing to. I do believe the public defender is starting to put forth effort but is it enough? He's only 26 and never handled any cases like this.hoelw can i build my defense im charged with crossing the center line and it being proximate cause of death.
A message board cannot help you.
If there was ever a matter absolutely requiring an attorney, it's this one.
Re: Sun Blinded Me and Man Died, What Can I Do
Quote:
Quoting
rrs2007
My question involves criminal law for the state of: Alabama.. I was diving down the road to help my grandpa who at the time had just started chemotherapy and was diagnosed with cancer. As i came around a curve the sun light blinded me bad ,i automatically reached for my visor as i pulled it down, bam . Head on collision. No time at all. I woke up to the other driver instantly gone. I told the police an animal jumped out in front of me. Although i was in an accident a couple weeks prior where I actually hit a deer . this was not the case. i was advised by an attorney not to go to change my story though. So I didn't. I hired an investigator and the attorney as geico insurance said they wouldn't cover me and he fixed that which was great but Later I was indicted for vehicular homicide. Then the lawyer wanted ten thousand more to start which I couldn't afford as my son was born days before. I just had finished buying all the stuff any woman would want and what my child needed. but so i was forced to accept a court appointed lawyer who at first only wanted a plea. Well i asked him to continue it so we could build the case which i thought was done when i had a gut feeling to call him i had to leave several voicemails and called once more BC it was eating at me turns out i had plea day the next morning . So i showed up of course and was talking to him in the hall outside court begging him to get it continued as nothing had been done to build my defense well my name was called and they set my trial for this term which was the next week. This week! I had jury selection today and the estimated trial date is Monday! What do i do? Im preparing to face it head on praying for gods help. But i have to do my part too. Can anyone suggest anything? I lost my daughter to SIDS and i do not want to miss out on my sons life . I've lost two good jobs due to this and im not even able to be here emotionally for my wife or myself. Im so stressed out but i can't let this slide by and go to jail either. I've been told by my public defender this is being pushed like this because the victims family is very politically active and its election season. too so that is contributing to. I do believe the public defender is starting to put forth effort but is it enough? He's only 26 and never handled any cases like this.hoelw can i build my defense im charged with crossing the center line and it being proximate cause of death.
Let me get this straight. You lied to the police about hitting a person, claiming it was a deer (while you had a collision with a deer a week prior to the incident)? Or are you saying you made a mistake driving because an animal jumped out in front of you? I tend to agree with "Disagreeable" - it is very difficult to advise you because you are a liar.
Regardless. Criminal court is for criminal activity. They need to prove you had some level of culpability to proceed and as it stands, the motor vehicle code says:
Code:
Section 32-5A-192 - Homicide by vehicle or vessel.
(a) Whoever shall unlawfully and unintentionally cause the death of another person while engaged in the violation of any state law or municipal ordinance applying to the operation or use of a vehicle, or vessel, as defined in Section 33-5-3, or to the regulation of traffic or boating, shall be guilty of homicide when the violation is the proximate cause of the death.
(b) Any person convicted of homicide by vehicle or vessel shall be fined not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000), or shall be imprisoned for a term not less than one year nor more than five years, or may be so fined and so imprisoned. All fines collected for violation of this section relating to vessels shall be paid into the State Water Safety Fund.
Please note: "Whoever shall unlawfully AND unintentionally"
Criminal culpability includes a level of "criminal" negligence that is so gross in nature what would unintentionally violate the standard of care a reasonable person would take in your situation.
I suppose an example of this would be "texting and driving" or "drinking and driving" among other things. From your statement, you don't appear to do anything wrong; however, the prosecution is pushing for a trial. This hints at you lying in this statement - this is all very basic stuff, unless you are suggesting the prosecutor has no idea on what he is doing. I suppose that is up to him to maintain charges against you though.
My bottom line:
If you didn't do anything 'unlawful' while driving, then your attorney will have an adequate defense. They may still hold you civilly liable though.
Re: Sun Blinded Me and Man Died, What Can I Do
I have to make due with what I have so im gonna do all I can to help him
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I have no reason to lie on here
Re: Sun Blinded Me and Man Died, What Can I Do
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rrs2007
I have to make due with what I have so im gonna do all I can to help him
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I have no reason to lie on here
You don't understand. You lied about the whole situation.
Re: Sun Blinded Me and Man Died, What Can I Do
The warning not to post identifying information when asking your question... it went over your head? You have posted so many details about your case, it took me about thirty seconds to find a reference to your name and charge on the Sheriff's website. You need to stop posting the details.
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rrs2007
So do you have any advise as to what I can do to help me prove my innocence....
First, you haven't shared the police or prosecutor's theory of the case, or why they don't believe that you swerved into the oncoming lane to avoid an animal. It's really difficult to tell you what defense might work when we don't know why the police think you're lying, what the police believe actually happened, or what evidence they have for their version of events. Also, you haven't told us if you're sticking with the "an animal ran out in front of my car" story or if you've decided to tell the truth... and, as you know, telling the truth is complicated as your lying about what happened suggests both that you were hiding important facts about the accident and makes it less likely that anybody will believe your new version of what happened, even if the new version happens to be true.
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Quoting rrs2007
my truck was in my lane after the accident and my front passenger tire was of the side of the road but witnesses seen me go into the other lane slow down and pull my wheel to right
You told us that it was a head-on collision. You haven't told us how the accident occurred. However, it appears to be beyond dispute that you caused the accident by leaving your lane, and you admitted to the police that you swerved out of your lane. There would also be scads of photos from the accident scene, measurements, and an analysis of crash scene evidence such as accident debris and skid marks to determine where on the roadway the accident occurred. There is likely an estimate of vehicle speed based on the evidence; you haven't told us whether you are being accused of speeding.
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rrs2007
ok. My only evidence is the dash cams from the first responding police. Which are blinded out by the sun.
But your story is that you swerved to miss an animal, so that evidence doesn't do you much good unless you make a last-minute change to your story... and if you want to take that approach, you had best talk to your lawyer about the consequences. Also, if the sun was blinding when the officers arrived, they somehow nonetheless managed to stay in their lanes, so I question the value of that evidence.
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Quoting rrs2007
I've also had to get character witnesses....
You will talk to your lawyer about whether it would be appropriate to try to present character witnesses, and the risks of doing so.
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Quoting rrs2007
...and witnesses to tell about their experiences with the sun blinding and to testify this is a bad road.
I doubt that the court would allow that testimony, and it's not relevant to the "an animal ran in front of the car" story you initially told the police. Talk to your lawyer.
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Quoting rrs2007
Is there anything I can do to further prove that I am being 100% honest?
Here's the thing: Once you told a false story, you eliminated any possibility that upon telling the truth people would conclude that you're 100% honest.
Given how little we know about your case, and given that we know nothing about the prosecutor's theory or evidence, this is a conversation you should be having with your lawyer.