Tuesday, October 6, 2009

Suspension For DUI That Caused Death

An attorney who had caused a fatal car accident while intoxicated and been convicted of a felony was suspended for at least 24 months without automatic reinstatement by the Indiana Supreme Court. A report of the underlying arrest from theIndychannel.com is linked here. Details from the Indianapolis Star repoting on the criminal sentencing:

A judge sentenced a former state attorney to two years in prison today for driving drunk and causing a fatal wreck.

A special prosecutor asked for the maximum eight years in prison, but Terry J. Record, 29, instead received the advisory four-year sentence with half suspended.

Marion Superior Court Pro Tem Judge Mark Jones added four years of probation, with 80 hours of community service each year; about $20,000 in restitution to the victim’s family; and a five-year license suspension — a sentence designed to punish Record and ensure that he doesn’t harm anyone else again, the judge said.

In May 2007, Record left Brad’s Brass Flamingo after sharing pitchers of beer and shots with a stripper and ran a red light at Southeastern Avenue and Pleasant Run Parkway. His red BMW, traveling 59 mph in a 35-mph zone, plowed into Jimmy R. Cash’s truck, nearly splitting it in two.

Cash, 46, a father and husband, died at the scene. * * *

Record pleaded guilty in April to a Class C felony charge of operating a vehicle while intoxicated, causing death. He avoided more serious Class B felony charges because of evidence problems related to blood tests that prompted special prosecutor Barry Brown, a former Monroe County prosecutor, to offer the plea.

He likely will win release from prison in about 11 months, with credit for good behavior and 26 days spent in jail while his case was pending.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2009/10/an-attorney-who-had-caused-a-fatal-car-accident-while-intoxicated-and-convicted-of-a-felony-was-suspended-for-24-months-witho.html

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