Bottom line, if I got caught going that fast (and witnesses pegged him driving fast and reckless before the wreck) I'd be in jail that night - even if the wreck had NOT occurred. I'm not excusing her intoxication, but as another poster said, speed killed her, not intoxication. There is an argument that if he'd been going somewhere close to the speed limit she would have had plenty of time to turn - but for his speed she'd have been dead. The question will be for the jury (if it goes that far) -
Bottom line, if I got caught going that fast (and witnesses pegged him driving fast and reckless before the wreck) I'd be in jail that night - even if the wreck had NOT occurred. I'm not excusing her intoxication, but as another poster said, speed killed her, not intoxication. There is an argument that if he'd been going somewhere close to the speed limit she would have had plenty of time to turn - but for his speed she'd have been dead. The question will be for the jury (if it goes that far) -