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Chell26 · Nov 17, 2010, 01:50 PM

My son is currently incarcerated from a car accident that happened nearly 2 years ago. He was not drunk he was on his way home from a mates service that had passed away. He had not displayed any dangerous driving by witnesses prior to the accident. He has struggled emotionally since the accident as the lady in the other car had passed away. He had an apprenticeship and worked hard, great friends and family support but has not slept and in many ways since the accident not been the same young man. The trip to his mates service was a far distance but he had stopped to rest and call me to let me know he was OK. I guess my question is why are good people in prison and why do they need to be in maximum until they are sentenced. This can take months. He did not have to go until sentence date but in his mind although he pleaded innocent but a judge found him guilty, in the judges closing statement said I just can't see that u could have falling asleep! That is not beyond resonable doubt. I think he wants it past him and if the judge says his guilty be said that he needs to do what's right. But seriously he is not a criminal has never hurt anyone and has been trying to get over it accident the last 2 years with counselling. Jail is not the answer. My heart is broken and I am very unhappy with the nsw legeal system. What can I do to help him ? I really need answers I'm saved money to fly down to visit him on the weekend can't wait to see him. Last time I seen him be made out that he was OK, but I know that he wasn't he is just trying to stay strong. Please help somebody :(

tickle · Nov 17, 2010, 01:57 PM

Then you are in the UK and he is in Australia, correct ? Yes, I don't understand their legal system either. Why is he in jail for a DUI? Was the offence vehicular manslaughter at the time? You haven't said what he was charged with.

I think the best is for you to get down there and see him. Your visual support will mean so much to him. You can't change the sequence of events; you can change the sentencing sequence either. Just make sure he has a good lawyer.

Edit: yes, just noticed you posted your location. You are both in Australia.

Ms tickle

Chell26 · Nov 17, 2010, 02:08 PM

Thank you for replying no we are all in Australia and the charge was driving dangerously causing death. He is so far away they moved hi
To the city on Sunday and it's an 8 hour drive. I support him and try had not to cry when I talk to him

tickle · Nov 17, 2010, 03:17 PM

We can help you with emotional support, but not anything else. Except re-iterate, a good lawyer is helpful but the charge my dear is driving and dangerously causing death, but to be to the point, did they prove he was intoxicated while driving and falling asleep? Was there a breathalyzer test done because to my way of thinking it is a careless driving charge, as it would be here in the US or Canada but the fine line is, did he get behind the wheel and purposely knowing he was beyond the limit and drove causing an accident?

Do you see what I am getting at ?

Yes, I know, as I have said before, I don't know how they handle their legal system and it seems to be a tad scewed at times from what I have learned here, but a good lawyer would get his jail time reduced and you must face the fact that will happen no matter what.

Tick

Chell26 · Nov 17, 2010, 05:20 PM

He was not drink driving

Chell26 · Nov 17, 2010, 05:26 PM

He had not been drinking and was on the way home from his best mates funeral he was not speeding the court knows that there was No alcohol and No speeding

Chell26 · Nov 17, 2010, 05:27 PM

My dear if that was a factor I could understand the punishment but it was just an accident

tickle · Nov 17, 2010, 06:08 PM

I am not here to judge anyone. I don't know what kind of help you wanted here. Okay, he feel asleep at the wheel, here that is an extreme careless driving charge. The car is taken away from you and your go to court, pay a fine and perhaps lose your license for a good period.

Why is he in jail ?

You don't have to defend your son here. We don't know you or him. This is not personal

Please don't use the comments feature, we can answer your properly. Just answer by quick reply.

Tick

this8384 · Nov 18, 2010, 12:14 PM

Chell26 - I'm sorry for what your family and the other woman's family are going through.

It's hard to understand because he didn't do anything intentionally wrong but the bottomline is that he was too tired to be driving, he caused an accident and caused someone else's death. Even though it was an accident, he is still at fault.

I think the confusion over the drinking/not drinking was because in your original question, you posted "He was not drunk." That means he MAY have been drinking; we don't know if he was or not. Having one beer doesn't make you drunk and it doesn't make you intoxicated either - I think tickle was just looking for clarification.

What type of help are you looking for exactly? Legal? Emotional? Please let us know.