Tuesday, December 6, 2011

Court Case: Vehicular Manslaughter.?

So for my senior Government class, we are doing mock trials. I wrote the trial and it is as follows:


A man, john doe, and his sister are driving to work. The roads are icy, and a thick fog makes visibility very difficult. John is driving at about 65 mph. He reaches a hill and begins descending down when he notices flashing lights marking a wreck up ahead. He tries to slow down and begins skidding due to the ice. A Highway patrolman, parked only a short distance before the accident, notices the car driving follows him to pull him over for driving at an unreasonable speed through an accident zone. As doe is struggling to slow down and control his car, he tries even more with the HP behind him. His car fishtails and hits a firefighter doing traffic control at aprox. 55 mph. The firefighter dies at the scene. He is being charged with Vehicular manslaughter, and the reason it will be considered vehicular manslaughter, is because he was charged with reckless driving for driving at an unreasonable speed approaching an accident scene.





Is this a good case? I am a defense attorney and need a few ideas. I have a few such as, the law states that, approaching a car accident scene, you must slow down to a reasonable speed the best to your ability. Considering the conditions such as the fog and icy roads, what would be some good arguments? thanks.|||It may to a wise thing to start a study group with your classmates, discussion of your mock trial..


Obviously, driving at the speed of 65 mph in conditions of ice and fog is irresponsible and illegal..

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