Skip to main content

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

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

Posted

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 response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

Mark as helpful

4 lawyers agree

Posted

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.

Mark as helpful

1 found this helpful

5 lawyers agree

1 comment

Asker

Posted

Thank You i wish you were in Ga. yes i just want to help get her out of prison i was working out of state at the time, i hope im not to late..

Posted

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.

Mark as helpful

1 found this helpful

7 lawyers agree

1 comment

Asker

Posted

Goodmorring Noah, im very sorry for my lack of typing skills , Ok let me start over , ok now back in 2008 my stepdaughter did take loratabs but they were picription from a doctor she is menltaly ill i will say this much she has had a rough young life, well back to the point she did have loratabs in her sistom and a few other types of meds to but this all happened one day in 2008 she was comeing up to a yield sign on a side street and did in fact stop and proceaded through entering the road turning left she told me she looked bolth ways and went to enter the high way she said she had to gun it because to cop was there before she new it so she realized she was going to have to drive off the other side of the road to get out of his way and she did make it to the other side but the cop was going so fast he lost control of his vehicle and came across the solid yellow line and hit her in her driver side door and she went air born and her car rolled i think three time before comeing to a rest, now keep in mind she did do all she could do to get out of his way and she did make it to the other side of the road and i have a copy of the accident report and it shows that he did hit her on the other side of the road. now they were both hurt very bad cause his speed was estmated at about 80 millies a hour and at that intersection his speed limet was 45mph he was driving a deupty car with NO flashing lites NO serine just out right hauling ass to go no ware so after they bolth got out of the hospitle my step daughter got a indicment for Serious Injury By Vehicle and a Driving under The Influcnce { Less Safe Drugs } and Failure To Yield and so she pled Not Guilty ,, well time went on and finley her court apointed attorney told her to pled Guilty cause the Judge want to get this case over with and she was told that the Judge would give her a brake well that was a ball face lie cause the cop got up in front of the Judge and cryed about how hurt he was and then the Judge gave her a 15 yr sentance for a accident that she did all she could do to avoid from happening, well she was sentneced on 29 of May 2012 and by this time she is 6 monts. pregnent and will be giving brith in dec. of 2012 ,Yes my wife and I will go and get the Baby when He is born and we will raise the Baby untill Erin is released. So i am wrighting this and i will NOT STOP UNTILL I GET HER HOME.. So can you help us????

Posted

I agree to the fullest extent

Mark as helpful

6 lawyers agree

1 comment

Asker

Posted

Thank You it is nice to know that there is people still in this world that do care, Thanks,,,,,

Posted

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 information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.

Mark as helpful

DUI accidents topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics