Not Charged as a Felony, and Instead Routed to Justice Court for a Reduced Charge of Vehicular Misdemeanor Manslaughter, and then Reduced to Probation (with Zero Days in Jail) | Felony Vehicular Second Degree Murder (Dangerous), Felony Vehicular Manslaughter (Dangerous), and Felony Vehicular Negligent Homicide (Dangerous) / Misdemeanor Vehicular Manslaughter
State v. Ms. R (DMC No. 6107)
WEST MESA JUSTICE COURT (CASE NO. CT2006-002295) / (SALT RIVER POLICE DEPARTMENT DR NO. 2005-06294)
Ms. R. had been driving near McKellips & Alma School Road in Mesa, when she made a u-turn. Another vehicle had been coming through the intersection and struck her. The driver of that vehicle died. As police contacted her, she had indicated she had drank 3 ounces of wine several hours prior, and had taken some prescription medication two days earlier. They subsequently had her sign a contract that voluntarily give blood, and we then became involved. We were able to prove with an “accident reconstruction” and blood analysis that she was not impaired, and that the accident was not her fault. The Maricopa County Attorney’s Office declined to file the felony manslaughter charge. She was, however, charged with “misdemeanor manslaughter”. We were able to have that reduced to 100 hours of community service. She was originally facing 7 to 21 years in prison, and ended up with no felony on her record and not having to do jail time.
