State v. Ms. W (DMC No. 15658) – Felony Vehicular Manslaughter Dangerous (.154 BAC) – Reduced to Vehicular Aggravated Assault (with 1.5 years actual DOC) – Pinal County Superior Court (Case No. CR2017-02228)
Ms. W, who is 73 years old, had been drinking at the local bar. She had left that location and got into an accident with another gentleman who was 78 years old. Officers estimated that her speed was 77 miles per hour, based on the DDR (i.e., the “black box”) data. While at the scene, she apologized multiple times and stated “I know I shouldn’t have drank and drove.”
She was given several Field Sobriety Tests which revealed 6 out of 6 cues on the Horizontal Gaze Nystagmus test (i.e., the “eye test”), and the Officer stated she “nearly fell over” when she was doing the walk-and-turn test. She was then given a Preliminary Breath Test which revealed .117 BAC. When she was taken down to the Police Station, her blood was drawn and she was questioned. She constantly asked if the other driver was okay, and she said “everyone in Saddlebrook drinks and drives.”
The victim of the crash was taken to the local hospital, and then transported to the U of A medical center in Tucson. He eventually developed pneumonia and died 6 weeks later. When the Medical Examiner received his body, they did not do an autopsy and immediately ruled his death as “homicide, caused by motor vehicle accident.”
When DM Cantor was hired to take over the defense of the case, we immediately hired our own Medical Pathologist. His opinion of death was due to pneumonia, not related to the car accident, and he stated it was “inappropriate to list the cause of death as a car accident.” In addition, we were able to nullify the Field Sobriety Tests because Ms. W was over 65 years of age, and should not have been given these physical tests. Lastly, we employed a Mitigation Expert who secured records regarding Ms. W’s medical history, and he interviewed multiple friends and family regarding Ms. W’s good character.
We ultimately set the case to a Settlement Conference, and a Judge agreed that the Prosecutor should reduce the charge. Ultimately, an offer was made regarding Vehicular Aggravated Assault Dangerous, with two years in Prison. Ultimately, Ms. W had to serve 85.7% of that time, and she also received a three-month early “kick-out.” Her ultimate time in DOC was less than 1 and 1/2 years. If she had been convicted of Manslaughter, she could have potentially spent 21 years in Prison (which would have been a Life Sentence for her at 73 years old). Instead, she is a free woman today.