Q: If the driver was intoxicated and passed the drug and alcohol test and killed a pedestrian.
The Driver was only sentenced with 95 days in jail. Can the charge still be appealed to much longer sentence? If not, why is it only 95 days when the driver killed someone?
A: At sentencing the Judge took into consideration all the factors in the case, the facts, the victim, the defendant and contributing factors; he/she either agreed with the "plea bargain" that was made or made an offer independently of the prosecutor, either way the "parties" (The "State" and the Defendant) agreed to terms and the case was concluded. Notwithstanding the fact, you think the driver was intoxicated, despite there being insufficient evidence to support that conclusion ("they passed the drug and alcohol test") the case is over.
If the driver passed drug and alcohol testing, the prosecutor may not have had sufficient evidence to successfully prosecute a DUI manslaughter case beyond a reasonable doubt so settled on a plea bargain to get a lesser criminal conviction (reckless driving).
That doesn't mean the family can't file a civil lawsuit against the driver for wrongful death where the standard of proof is a preponderance of evidence and the driver's conduct was a substantial factor in causing the death.
MORE INFO IS NEEDED.
HAVING ALCOHOL ON YOUR BREATH (IF THAT IS THE CASE) IS NOT NECESSARILY INTOXICATED/UNDER THE INFLUENCE... IF THERE ARE NO DRUGS TOO.
ONE CAN BE DRIVING ALONG AND ACCIDENTALLY CAUSE AN ACCIDENT THAT RESULTS IN A DEATH.
THE PERSON THAT CAN ANSWER YOUR QUESTION IS THE DA.
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