Q: My daughter was killed by a drunk & high driver. The DA on the case is not going to try the man for manslaughter.
They said my daughter was driving too fast and they think that the defense would beat them because of that. She was going 93 on impact the speed limit is 75 mph. They are only charging him with DWI & possession. I need to know if that's can be fought or not? Proof from the police reports prove he was all the way in her lane & hit her head on, killing her. How can they not try to charge him with manslaughter also? She deserves justice.
A: Because intoxication manslaughter is a second degree felony, a District Attorney cannot pursue charges for intoxication manslaughter against an individual unless a grand jury indicts that individual. If your daughter was driving 93 mph, it may be difficult to persuade a grand jury that a collision with the other driver while your daughter was going 93 mph would not have been sufficient to kill her if the other driver had been sober.
A: I'm so sorry for the loss of your daughter. Your post is heartbreaking and I wish you and your family condolences. I can't speak for Texas criminal procedure, but in your pursuit for justice, I believe there are compelling issues that an experienced civil trial attorney would use in the civil case that follows. Although you would be confronted with the high speed of 93 miles per hour, a skilled and experienced civil trial attorney would raise the physics of two vehicles approaching on a roadway where the posted speed limit is 75 mph, making for a combined relative velocity of some 150 mph. Given the physics of that scenario in terms of vehicle speeds, the fact that your daughter was doing 93 instead of 75 becomes less signifcant. Good luck
A: You can't override the ADA even if it unfair. You can sue the drunk driver and the bar that they served them alcohol. I am sorry for you loss. .
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