A catch-22 for victim of DUI driver
Imagine this. You are hit and severely injured by an impaired driver. The driver is prosecuted for your injuries and charged with assault, which is a felony. You then learn that if the person who injured you is convicted of the felony, his insurance policy will not compensate you for your injuries.
What if you are injured so badly that you can't work and support your family? What if your only hope for a non-institutionalized life is the proceeds from the insurance policy?
Then what if you find out that the prosecutor wanted to extract his pound of flesh and stick the guy with a felony?
Well, fortunately for the victim in this case, the prosecutor considered his best interest and bit the bullet and gave the defendant a misdemeanor.
The article can be found here.
Clarkson was initially charged with DUI and felony assault, but a plea deal amended the assault charge down to a misdemeanor. Lawyers said a felony would have negated Clarkson's $3 million insurance policy which could benefit Wiseman.
Although this is a horrible case and the defendant may very well deserve even more than the 30 days he will get in jail, it is refreshing to hear that prosecutors are making judgment calls that really consider the victim's best interest, rather than just going for conviction on the more serious charges.
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