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Double Jeopardy and Traffic accidents.

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- Fri, 04 Aug 2017 22:52:42 EST jx+p2huj No.45890
File: 1501901562295.jpg -(405854B / 396.34KB, 2100x1525) Thumbnail displayed, click image for full size. Double Jeopardy and Traffic accidents.
I just read an article that had me curious on how double jeopardy works in traffic accidents for deaths.

Lets say you get into a traffic accident and someone dies. If they issue you a citation, but don't charge you with manslaughter and you plead guilty to the citation, you can never be charged with the manslaughter if the manslaughter charge isn't issued before the resolution of the citation correct?

What happens if you get into an accident, get a citation and then a year down the line the person injured dies and the death is determined to have been caused by injuries originating in the accident? Can you then be charged with manslaughter or would it be a violation of double jeopardy?
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Charlotte Cliffingbadging - Fri, 04 Aug 2017 23:33:56 EST Krei5ac1 No.45891 Reply
That's a really good question. It would depend on what the original ticket was for and how the state codified their vehicular homicide laws.

But I can tell you this is a real life issue. Prosecutors understand potential DJ problems when they emerge. If there's an accident, prosecutors don't take pleas unless they know the other party is ok. If it's possible there is going to be a serious injury or death they won't resolve the case until they find out how it shakes out.
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Basil Greenman - Sat, 05 Aug 2017 02:45:14 EST WV1oCIVL No.45892 Reply
are you braindead? they would be two different crimes. the "traffic citation" and the manslaughter. two charges. only probably civil, and one criminal
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Esther Hurringdig - Thu, 17 Aug 2017 08:08:37 EST /SnCyTv3 No.45897 Reply
>>45892
I was going to let this go, but no I'm a prosecutor and I'm very aware of how this all works.

I'm only rehashing because I actually had another case yesterday where someone came in to pay a traffic ticket only to have to be told by me that the reason he can't is because he actually killed the other driver. We won't let him ple to a lesser charge because it will preclude the coming vehicular homicide charge.

With regards to your points about criminal and civil, both the causing the accident and causing an accident that resulted in death are criminal and civil.

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