LJWorld.com weblogs At Random
Vehicular manslaughter laws leave both sides with suspended lives
She was 21, the mother of two toddlers, intoxicated to twice the legal limit and out having a fun time on a Friday night.
He was a loving husband, the father of three, grandfather of one. He was headed home from a late evening out.
She was in a car. He was on a motorcycle.
Witnesses say they were flirting with disaster when they began flirting with each other.
He would speed up and then slow down to remain in her line of vision. She had a pretty smile. She spent more time watching him than she did the road.
He's been dead for 17 months, her life's been put on hold until the slow clanging legal system decides to move forward with her case.
His family mourns him daily, and holidays, once a time of joy, travel and laughter, are now almost unbearable. His friends and family members have extra time to remember and miss him.
Her family waits for the other shoe to drop. They're contacted before each holiday and told her arrest is eminent. Her parents, siblings, sons and friends are all affected too. She'll lose all of them while she's imprisoned. They feel as though they're already lost her.
No plans for travel are made, each time there is a telephone call, or a knock at the door, the very real fear that she'll be arrested comes to mind.
She has been told her case will be dropped because there is no proof she was the one driving the automobile, even though she was given a blood alcohol test, even though there were no passengers and she admitted being the driver. Less than two months later she is told her arrest is eminent on a Monday that came and went two weeks ago.
Where is her due process? Will the year and a half she's spent waiting to be arrested be subtracted from her mandatory minimum sentence of ten years? (mandatory sentencing varies by state and is anything from community service with parole, to fifteen to twenty years of imprisonment)
Where is the justice for either side?