A Midland, Texas man has been accused of Criminally Negligent Homicide in a traffic accident on Highway 191 near the Midland International Airport. See attached link for the story:
http://www.mywesttexas.com/articles/2008/06/07/news/top_stories/191_fatality.txt
The posted speed limit was 55mph in the area where the accident occurred and it is alleged the Defendant was going approximately 80mph. There is no allegation that the man was intoxicated at the time of the accident or that anything else caused him to lose his mental or physical faculties (such as driving while on a prescription meds that may cause him to be impaired).
This is a cautionary tale of the police seeking charges when there a death in a motor vehicle accident. Most of us do not think that it is possible to be charged with injuring another person when we are speeding and get in an accident. The DA's office will proceed under the theory that the man should have been aware of a substantial and unjustifiable risk when speeding at an excessive rate of speed.
This is a really tough case for the Midland D.A.
Jeth Jones
Jones Law Firm
Houston / Galveston
http://JonesLawFirm-TX.com
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