New York residents may recall a motor vehicle accident involving two men who were charged for the same incident. A crash in August 2014 killed a 32-year-old woman from Brooklyn, and two men in separate cars were charged.
The fatal wreck happened on Eastern Parkway when a Nissan attempted to make a left turn onto Troy Ave, and a Chevy Camaro traveling at 94 mph hit the vehicle’s trunk. The woman was killed while lying down in the backseat. The driver of the Camaro had a blood alcohol concentration at the legal limit while the sedan driver had a BAC of .20 percent. The latter refused breath testing at the scene and was tested later.
Previously, both men rejected a plea deal that would have resulted in between three and nine years in prison. Both men admitted to driving under the influence, and the sedan driver pleaded guilty to criminal negligent homicide. On Nov. 29, he was sentenced to five years probation by the Brooklyn Supreme Court. His license was revoked, and he must complete community service and pay a $500 fine. The driver of the Camaro pleaded guilty to manslaughter and will be sentenced in January 2017.
A case like this brings up many important points. First, refusing a breath test does not mean one cannot be tested, and a refusal could lead to a license suspension whether one is intoxicated or not. Next, there are several possible consequences available for drunk driving. The severity of a penalty typically depends on the situation, and a defendant might need an attorney to evaluate the best course of action.
