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State v. Ms. F (DMC No. 14137)

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State v. Ms. F (DMC No. 14137)

State v. Ms. F (DMC No. 14137) – Misdemeanor Vehicular Manslaughter (Per ARS 28-672.A) – Reduced to Traffic School (with Zero Days in Jail) – Phoenix City Court (Case No. 5092122).

Ms. F was driving near 75th Avenue and Thomas, and had a green arrow to make a left turn.  When the green arrow was illuminated, the “don’t walk” sign would simultaneously become illuminated for pedestrians.  Unfortunately, the Victim in this case was crossing in the crosswalk against the “don’t walk” sign, and Ms. F did not see him.  She struck this individual, and he was taken to the hospital with serious injuries, where he ultimately passed away.

When DM Cantor became involved in the case, we found that there were no witnesses to this accident.  In addition, we could find no cameras from the local businesses or residences which would have recorded this accident.  Lastly, we were able to show through Accident Reconstruction that Ms. F was not speeding, and that the “don’t walk” sign was illuminated at the time she had made her left turn.  Although she had been cited into the City of Phoenix Court under the Misdemeanor Manslaughter Statute (per ARS 28-672A), she still could have faced up to six months in Jail.

We were able to have a sit-down meeting with the Prosecutor and discuss the facts of the case.  We were also able to show the Mitigation Information that demonstrated Ms. F’s good character, and the fact that she had no prior criminal history.  Ultimately, Ms. F was simply required to attend a Traffic School Class, with summary Probation that required her to remain a law-abiding citizen.  She did not have to serve any Days in Jail.

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