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5/29/2009
Jeffrey Meldon
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O'Brien woman charged with Vehicular Homicide-justified or over-zealous?

At first glance, vehicular homicide charges resulting from a single vehicle accident involving a 25-year old O'Brien driver and the death of her 11-year-old passenger may appear overly harsh.

Should a driver receive criminal charges when a passenger in their own vehicle is accidently killed?

Upon closer analysis, vehicular homicide charges may be justified because Sallas recklessly failed to restrain her child passengers according to Florida's Safety Belt Law.          

Nicole Sallas, who was driving a 2003 Pontiac SUV, crashed into a tree on a Suwannee County road, killing her 11-year-old passenger on January 10, 2009, according to the Suwannee Democrat.

The 11-year-old passenger, Alyssa Jones, was riding unrestrained in the front seat when the vehicle overturned and ejected Jones before striking a tree. Tragically, Jones, who was in 5th grade, was pronounced dead at the scene.

 Not only was Jones riding unrestrained in the front seat, but two other child passengers, under the age of 3, were reportedly improperly restrained and received only minor injuries in the crash.

According to Florida's Safety Belt Law, each passenger under the age of 18 must be restrained with an age appropriate seat belt or child restraint device.  Specifically, Florida law prohibits operating a motor vehicle when a person under the age of 18 is unrestrained and seated in the front passenger seat. (F.S. 316.614(2008))

The bottom line-if a child passenger is improperly restrained and subsequently killed in a car crash, even if the child is your passenger, then you, the driver, may be charged with vehicular homicide.

O-Brien Driver Surrenders on charges of Vehicular homicide-one child dead

Vehicular Homicide-what is it and what needs to be proven

Vehicular Homicide Illustrated





We at the Law Office of Jeffrey Meldon and Associates strongly believe that public education is the first step in the prevention of an accident or in the recovery from one.  

We are experienced personal injury attorneys, trial lawyers, negotiators, litigators and staff that have been proudly working to get accident victims the justice they deserve for over 30 years in Gainesville, Ocala, Lake City, Inverness, and the rest of North Central Florida and North Florida. Accidents involving a car crash, truck wreck, and motorcycle, bicycle, or pedestrian accidents, dog bites, slip and falls and medical malpractice are all included in our practice.

Based on Jeffrey Meldon's, founder of The Law Office of Jeffrey Meldon & Associates, over 30 years of helping accident victims get justice and a fair shake from the insurance companies he has written the consumer guide book, Seven Mistakes That Can Wreck Your Florida Accident Case.  You can request your free, no obligation copy right now, or contact our office for your complimentary copy sent to you today.

Contact the Law Office of Jeffrey Meldon at (800) 373-8000 or (352) 373-8000 immediately if you have been involved in a serious auto, truck or motorcycle accident.  We are in your community, have the experience and resources required to work towards obtaining a fair settlement for you - we are here to help you.

We proudly handle accidents that occur on all roads and in the areas including: I-75, I-10, I-95, U.S. Route 301, U.S. Route 441, State Road 40, State Road 26, State Road 24, Archer Road, Main St, and University Avenue.  Our law firm has  been representing accident victims in Gainesville, Ocala, Lake City, Inverness, Palatka, Crystal River, Daytona Beach, Interlachen, Spring Hill, Dunnellon, Bunnell, Live Oak, Starke, Jasper, Cross City, Perry, Trenton,  Leesberg,  Lake Butler,  Tavares, Chiefland, Bronson, Brooksville, The Villages and the counties of Alachua, Marion, Columbia, Citrus, Volusia, Sumter, Levy, Lake, Bradford, Flagler, Hamilton, Dixie, Gilchrist, Union, Hernando, Suwannee, Union, and Putnam since 1971!

 




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