Legal Question in Traffic Law in North Carolina
I've asked this question many times and no one had gave me an answer so please answer. My father was killed in a Truck/Car wreck in May. The truck driver was going 70 MPH in a 55 zone in the middle of a huge storm. He lost control of his vehical went threw/Over a concrete median the truck then hit the driver side head on. My dad was ejected from the car and died in less than a minute. The truck then continued on to hit 3 other vehicals causing over $100,000 in damage. My dads death was the only injury additional information: the truck driver got his trucking liscence taken away 2 months after the crash from a court case in another county. He was drunk and going 79 in a 35 zone. Also two weeks after the crash he gt a speeding ticket on the same road he killed my dad on. What punishment will the judge give him. Right now he is only charged with Misdemeter death by motor vehical.
2 Answers from Attorneys
I am sorry for your loss and that you haven't received an answer yet. I don't practice traffic law and typically don't have an answer to these questions. I will say that unfortunately, it is impossible to say what a Judge will or will not do in a case. There are a number of factors that will come into play to determine the punishment and keep in mind that the State still has to prove that he caused your father's death...sometimes even cases that appear to be open and shut can go wrong.
You might want to contact the DA's office and speak to them and ask what they are looking to pursue. They may even offer a plea agreement to avoid a trial.
I agree! Some Judge's can be very unpredictable and you can virtually never say what they will do ahead of time. You really can't even predict much in the way of a range of punishments because as Mr. Love points out there lots of factors that come into play such as the Defendant's prior record. However in my District, the Judge's are pretty harsh with this particular charge and often give the maximum punishment they can under the particular circumstances of that case.
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