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Negligent Homicide

“Client charged with negligent homicide as a result of a fatal motor vehicle collision. Client made a left turn from a major roadway onto a side street and did not see an oncoming motorcycle. The motorcycle crashed into the passenger side of client’s car as the client crossed the motorcyclist’s lane of travel. The driver of the motorcycle was pronounced dead at the scene. The case turned on the issue of whether client’s conduct constituted “criminal negligence.” The defense made the strategic decision to waive a jury trial and instead tried the case before a judge.At trial the defense focused on numerous shortcomings in the State’s investigation, including its failure to conduct an adequate accident reconstruction investigation. The defense called two expert witnesses in accident reconstruction to prove the defendant was not speeding prior to the collision and was in fact decelerating to make the left turn.These experts were also able to determine and testify to the fact that the motorcyclist was traveling substantially in excess of the posted speed limit. The defense also produced evidence through eye witness testimony that showed the client did not drive erratically or aggressively in any way prior to the collision. Further, the defense admitted into evidence blood test results that showed client had no alcohol or drugs in his system at the time of the collision. The judge returned a verdict of NOT GUILTY.”

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