In a recent case coming out of an Arizona court, the defendant successfully appealed his convictions following a car accident at least partially caused by his speeding. The defendant was originally charged with and convicted of manslaughter, aggravated assault, and criminal damage. Because of his appeal and the facts surrounding the accident, the higher court vacated the trial court’s original decision.
Facts of the Case
According to the opinion, the defendant was driving between seventy and ninety-five miles per hour in a forty-five miles per hour zone. While going at this speed, the defendant struck another car, causing the two passengers of that second car to be ejected from the vehicle. The second car’s driver was a man and the passenger was his seven-month-old son. Neither passenger was wearing a seatbelt, and the father had THC in his system at the time of the crash. Tragically, the seven-month-old son died as a result of the crash.
The father pled guilty to driving under the influence and endangerment after the crash. The main defense raised by the defendant was that he alone was not responsible for the injuries – it was true, said the defendant, that he was speeding, but the father was also under the influence and without a seatbelt at the time of the crash. Thus, according to the defendant, he could not take all of the blame.