Our client, a senior citizen, was charged with vehicular manslaughter with gross negligence after a tragic collision in which a pedestrian jogging across the street lost her life. Although the incident resulted in a fatality, the evidence showed our client was not speeding or driving recklessly. We discovered that the collision occurred at an intersection with a documented history of visibility concerns, where the homeowners’ association had previously requested the installation of traffic mirrors because of the dangerous conditions. Despite these circumstances, the prosecution pursued a gross negligence charge and offered only a plea to manslaughter.
Our defense team conducted a thorough review of the evidence, focusing on the roadway conditions, visibility issues, and our client’s driving behavior. We demonstrated that the evidence did not support a finding of gross negligence and highlighted the documented safety concerns at the location. After our client initially entered a plea of nolo contendere, we successfully moved to withdraw the plea and continued advocating for dismissal by underscoring the significant weaknesses in the prosecution’s case.
Our efforts resulted in the withdrawal of our client’s nolo contendere plea and the complete dismissal of the vehicular manslaughter case. Our client avoided a manslaughter conviction and was able to move forward without the lifelong consequences of a criminal judgment stemming from this tragic accident.