In a tragic accident, a man in a wheelchair was hit by an SUV and later died at the hospital. The man was crossing the road at approximately 10 pm and was not using a crosswalk. The general public assesses these facts as a mere accident and the possibility of criminal charges are far from consideration. However, Andrew Thomas has a special place in his heart for vehicular crimes and guaranteed he will have the case reviewed. Car accidents have been charged as crimes when certain aggravating factors are present: intoxication of drivers, drag racing, excessive speed, red-light run, aggressive
Archive for 2008
SUV Hits Man in Wheelchair
29 December 2008 by | Criminal Defense Law | No CommentsPolice Shoot Boy
23 December 2008 by | Criminal Defense Law | No CommentsThere are limited circumstances under which an officer may use lethal force. In police terms, there are four levels of force that an officer is justified in using depending on the circumstances. An officer is legally justified in using one level of force higher than his subject. The levels, in order, are verbal, soft hands, hard hands, and lethal. The boy’s level of force was non existent. The responding officers were therefore justified in using verbal force (ie. instructing the boy to stop). However, the officer proceeded directly to a lethal level of force by shooting the boy repeatedly. This was excessive by
Beat the Speed Cameras
18 December 2008 by | Criminal Defense Law | No CommentsLooks like a Gilbert company is capitalizing on all of the speed cameras. Story here. In most cases a speeding ticket is not that serious of a matter with traffic school and other not-so-painful options available. However, when the ticket is excessive speed, a class 3 misdemeanor, the potential consequences are more severe. If you enter a guilty plea to excessive speed, you are admitting guilt to a CRIME. It would make sense to consult an attorney prior to accepting a criminal record.
Light-Rail Vandals will be Prosecuted
18 December 2008 by | Criminal Defense Law | No CommentsPhoenix is trying to deter potential vandals of the light-rail system by threatening criminal prosecution. Click here for the story. Although I agree that the system should be free from graffiti and trash, I’m not sure the zero tolerance policy can be upheld when it comes to “loud music” and inconsiderate behavior. The ordinance may be challenged on constitutional grounds as being vague or overly broad as well as a violation of free speech. If you believe your constitutional rights have been violated you need to speak to a civil rights attorney who is experienced in 42 USC 1983 actions.
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