Once the passenger has died, what will the court do to the driver?

Question

A friend of mine was in a car accident with his friend after a party. My friend was 15 years old, and the driver was 18. Both were drunk, neither were wearing seatbelts, and they ended up not making the curve and my friend was ejected from the car and died hours later. Now his parents did not press charges against the driver, but the driver was scheduled for court dates (that's what I read on a local court site).

I'm trying to write a report on this accident and need some info. Since he did cause my friend's death would he go to jail? Or what would the judge order? And since my friend's parents didn't press charges what did that change in this whole thing? What happened to the driver once my friend died? Was he questioned... put in jail... ordered to do community service? Any info you can give will help with my report! I'm sorry if this was all confusing.

The Accident Investigation Unit of the * County Police Department is currently investigating a motor vehicle fatality that occurred on * Road at * Lane, which is the * area of * County.

The preliminary investigation indicates a '95 Nissan Maxima was traveling south * Road, where it failed to negotiate the curve, and left the roadway. The vehicle struck a road sign and other objects before overturning. The passenger was ejected from the vehicle. Both the driver and the passenger were transported to Gwinnett Medical Center.

The driver has been identified as 17-year-old Jason C. M. of *, and the passenger has been identified as 15-year-old Andrew S. of *. Andrew passed away several hours later as a result from the injuries he received in the collision. Michael was discharged from the hospital in the early AM hours of Tuesday. He is cooperating with investigators.

Speed and alcohol were involved. No one was wearing their seat belt. There are no charges at this time.

I just wanted to add that I am in no way trying to get involved or hurt the driver. Yes they were very close friends, and I know it had to kill Jason. I would've probably killed myself if I had been the driver and my best friend had gotten killed.

Truthfully, I am writing a report on it. I'm not using the same people, but I'm using the actions for the report for a "friends against drunk driving" site. I'm just asking my question because I have absolutely no idea what the law is required to do in this situation.

And Jason is always in my prayers. Anyone who has anything against him is a terrible person, because he's already dealing with enough.

Answer 1

If the driver was "scheduled for court dates" it means he has been charged with something. The police would charge the driver no matter what the parents wanted in a circumstance like this. They wouldn't even ask the parents if they wanted charges. It would be like someone stabbing someone to death and the police asking their parents if they wanted charges laid or not. The charges are laid on behalf of the dead person. The driver will most likely be charged (if it was in Canada) with impaired driving causing death and/or dangerous driving causing death. If found guilty he will go to jail for a long time.
By the way, this was no "accident" an accident is something unavoidable that happened randomly. This was a motor vehicle collision caused by a drunk driver.

Answer 2

First of all I think you should stay out of it. If the parents havent filed charges then its really none of your business ms. nosey britches. But I will answer your question anyway. When the police arrived at the accident site the driver (if he was not hospitalized) went to jail for driving under the influence at the very least. Judges are all different but stay as close to the law as possible with some exceptions. Depending on what the laws in your state are the judge most likely set a bail and then a hearing. If your parents friends didnt press charges it may change things and it may not depending on the judge. Sometimes when the parents of the deceased dont press charges it makes an impact on the judge and he will be leaner on the person driving the car. But not so lean as to let him go free. The least he will do is probation, some states require courses in drunk driving, penalties and fines, community service and so on. Let the law take over this and stay out of it. Remember your friend was drunk too so even though he died from the accident in a morbid way he is better off right now than the one who was driving the car. And last but not least if these two boys were driving drunk in the same car then they must have had some kind of connection like friendship. If they were friends dont you think this guy is going to pay emotionally knowing that his driving caused the death of his friend.

Answer 3

First Off, Very Nicely Said True Blue.
Secondly, It might be best to wait till the court case is actually over, and see if you can talk to the local District Attorney. Let them know what you are using the information for, this way, they may be more willing to answer some of your questions. (And you will know you have the correct information and not presumptions). They probably won't be able to disclose the entire case file to you, if your friend is being charged as a juvenile. If you are starting a local community awareness on Underage Drinking, etc. Good for you, but I would also recommend (if your in the states) teaming up with MADD and perhaps see if your local police department has any programs available. It seems you are at that age, where everyone thinks they are invinceable, and we were all guilty of it at one point or another. But, use this experience as a learning lesson and realize the seriousness of it all. Its important to realize what your friend that has passed has taught everyone around you. He was much to young to die, but remembering him, and remembering how he died should be reason enough to go forward and prevent others from doing the same.

Answer 4

Whether the parents pressed charges or not, the driver could be chareged with man slaughter.....that would mean going to jail....if not...he would still have to go to court for the DUI charges...most likely he will end up doing some type of jail....any more they do not go easy on drunk drivers who kill people......its hard to say without reading the new articles on the subject.....

Answer 5

Someone needs to get Ted Kennedy's lawyer. Teddy was drunk, he ran off the road into a river and killed his passenger Mary Jo Koepechne (spelling?). He left the scene. Went home. Left her to drown. He's still a Senator.

Answer 6

It's not up to your friend's parents....he will be charged with vehicular homicide. Usually the attorney plea bargains this down to vehicular manslaughter.

He's probably looking at 3-5 years and a ban on driving for 5 years.

Answer 7

Also the insurance company of the driver will probably be sued by the insurance companies of the families of the injured persons for the recovery of medical and death expenses. They will usually encourage the families to sue for damages as well.

Answer 8

He could be charged with intoxication manslaughter, if he was legally drunk. The punishment range on this charge is 2-20 in Texas.

Answer 9

I once met a girl in a wheelchair on a beach while I was walking along the water. As I approached I could see she was crying. I said to her what is wrong? She said " I am 21 and I have never been kissed" So I bent over and gently gave her a kiss on the lips and I walked off. As I walked off she started balling her eyes out. I turned and stepped back to her and I said " What is wrong now" She said well I am 21 and I have never been Phucked. So I gently scooped her out of her wheelchair and I threw her into the ocean. I said to her, "There, now you are phucked."

Answer 10

Yes, in my state he would be prosecuted regardless of the parents wishes. It would be State of XXX v. Driver, not parents of XXX v. Driver.

Depending on the circumstances, he could be charged with manslaughter, criminally negligent homicide, assault, or at the very least, reckless endangerment.