Hypothetical situation: in a car accident, the person at fault causes an accident which kills the other driver. However, the surviving driver also has severe brain injury and will have to spend the rest of his life in a hospital. Will the prosecutor still be obliged to go after him with charges of vehicular manslaughter and try to land him into a prison?
2007-08-14 19:08:14 · 6 answers · asked by Amuse Bouche 4 in Politics & Government ➔ Law Enforcement & Police
Yes and no question. In such a situation, the Prosecutor has a lot of leeway. He can file charges but not prosecute until the person has recovered, which in this case could be never. He can also decline to waste tax payer money trying to prosecute a brain damaged individual. Also, keep in mind that if you are not fit to stand trial (physically or mentally) you may not be tried.
2007-08-14 19:37:13 · answer #1 · answered by Anonymous · 1⤊ 0⤋
This actually happened to a friend of mine. He was DUI and a passenger in his car was killed. My friend had brain damage, was in a coma then woke and had to learn pretty much everything again, his personality totally changed too. After he was released from rehab, about 18 months after the collision, he had a competency hearing and they then convicted him and he did 7 years of a 9 year sentence. So the answer is if he recovers then they can file charges.
2007-08-14 23:20:15 · answer #2 · answered by Reston 3 · 0⤊ 0⤋
The surviving driver must prove that there is severe brain injury. If it is not proven, he will be imprisoned and ordered to pay all the consequences of the accident when the court determines that he is negligent.
2007-08-14 22:33:46 · answer #3 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Carl Edwards replaced into attempting to block Keselowski on the tip and while he drove down on him he have been given spun out. that is in basic terms racing. Brad did no longer mean to make him crash and that they have got been the two in basic terms attempting to win the race. Carl replaced into interviewed after the race and he did no longer seem that mad. i'm particular he replaced into on the interior yet he's a expert and knows how NASCAR racing might nicely be. And celebrating after a NASCAR race is legal. each and every driving force that has ever gained a race has celebrated in some way the two by ability of doing donuts, using around the music with the checkered flag, and a brilliant form of alternative celebrations.
2016-10-02 08:45:46 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Constitutional law 101. The defendant has to have the capacity to understand his actions, the function of the court, and the ability to assist in his own defense.Otherwise the case isn't tried. The state may indict, however to preserve it's right to try the case should the defendant recover enough to fulfill the above conditions
2007-08-14 19:49:26 · answer #5 · answered by Anonymous · 0⤊ 0⤋
doubtful.
at most they will go after his ins co for the money
2007-08-14 19:37:13 · answer #6 · answered by nataliexoxo 7 · 1⤊ 0⤋