In 2008 my step daughter was in a automobile collision with a agent/employee that was sited for driveing to fast for conditions

Asked almost 2 years ago - Ila, GA

yes she did pull out in front of him but he was driveing way to fast and my step daughter did not realize how fast he was going untill it was to late ,from what i have learned from the report he lost control of his car and crossed over and hit her on the wroung side of the road. at the begining she pled not gulity and did have a attorney send many letters to the local goverment and said after reveiwing the accident report he had sent letters to the insurance company and the local goverment where this man was empolyed and adviced them he was at fault do to he was speeding and operating his vehicle at a rate of speed too fast for existing conditions lost control of his vehicle prior to and at the time of impact also crossed into my step daughters lane of travel she got 15 y for this???

Attorney answers (5)

  1. Noah Howard Pines

    Pro

    Contributor Level 19

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    Answered . I don't really understand your question and what you have written is also unclear. However if I'm guessing you are asking why your step daughter got 15 years for a disputed accident. Based on the facts you provided I can't figure out why she was even charged with a felony unless she was under the influence, charged with reckless driving or left the scene, no of which is indicated by you. All that being said if the case occurred in 2008 and she has not already filed a petition for habeas corpus, her four year time limit is running out. Please call me at 404-812-4305 if you'd like to discuss this case in detail.

  2. Frank Mascagni III

    Contributor Level 20

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    Answered . If your step daughter was charged with a felony offense, exercised her right to a trial by jury, and was found guilty, there are time sensitive motions that must be made or she loses them. A motion for a new trial, an appeal to a higher court must be made within the time-frames governing your jurisdiction. Speak with her trial counsel ASAP to see if you have any options.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  3. James Lawrence Magazine

    Contributor Level 16

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    Answered . I agree to the fullest extent

  4. Robert Bruce Kopelson

    Contributor Level 20

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    Answered . It is unclear what your question is. It appears you are asking about a criminal sentence, and if anything can be done, not a personal injury claim. Yu should consult with a local criminal lawyer asap.

  5. George F. Mccranie IV

    Pro

    Contributor Level 15

    Answered . I really don't understand your question,,, as a matter of fact I thought it was going to be an Insurance question. Based on the details in the question it appears that your Daughter was sentenced to 15 years prison/probation due to this accident. Based on the information in your question I don't see how she would have been charged with a Felony offense - no underlying DUI, Reckless Driving etc. Because this apparently occurred in 2008, you should IMMEDIATELY consult with her original attorney or an experienced criminal defense attorney about filing an APPEAL. There is a 4 year Statute on bringing a Habeas Corpus action, so your time is quickly running out. I hope this information is helpful. Good Luck!!! George McCranie IV www.mccranielawfirm.com

    The information provided in this response to a question is not legal advise and is provided only for general... more

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