I need Legal information regarding laws in USA,(NC)

Well..where to start...this has been the absolute worst week of my life..first off I am in Canada...so what I am about to explain would be more to help me have a understanding of the penalties for the charges that I will be telling you.

Last Tuesday,I g0t a call from my Wife's step mother who lives in Durham,NC. They have lived there for the past 7 years. she was devastated to find out and be informing me of the tragic death of my wife's father just 45 mins before that. The hardest thing I ever had to do is wake my wife up, look in her eyes and devastate her by telling her her father is dead.

The news at the time of the accident was sketchy at the time, originally we knew that Clive( my wife's father) was out for a bike ride as he was a cyclist training for a 1000 mile race when a SUV swerved and crossed the center line and hitting Clive head on and killing him instantly. At first you feel for everyone..until we got more details...

The driver of the SUV was 26 years old....he of course escaped with minor injuries of the crash. he said that 3 deer ran out in front of him and he swerved to miss the deer which sent him into a collision with Clive, funny how he could count the amount of supposed deer that ran out in front of him but did not see Clive at all on a straight away,I felt that was suspicious....we found out later he lied. The next day the driver was charged originally with vehicular homicide and then the charges were reduced to the following:


****charged with misdemeanor death by vehicle, careless and reckless driving and driving left of center.****

I heard from the Victims' Services department of the District Attorney's office today. The woman rattled off a list of charges the driver is facing: driving without registration, driving without safety inspection, driving without insurance, reckless driving, speeding, crossing the centre line and misdemeanor death by vehicle (I think.) He is in jail as he cannot post his bail. Apparently, he is coming up to have his bail reconsidered in a few days.

I don't really know what the final outcome for him will be. He could have the charges reduced which would mean he won't even have a criminal record. He could also end up walking out with a fine and a slap on the wrist. I don't want to sound vindictive, but given the nature of the total charges, I pray that he gets more than that. I am not very optimistic about the outcome of a civil case as he did not have insurance and, apparently, not much money.



If anyone can point me towards the answers I need from someone who is in the legal field. At this point we all have allot of anger, allot of questions and allot of healing as we are still in shock a week later. Please if anyone can lend their legal advice and not really a personal advice that would be great. The difference between this guy is maybe one day he might be able get over the fact that he killed a father, a husband, a brother, a grandfather...we will never get over what he did and will have to live in pain for the rest of our lives.Thanks for taking time to read this.I am asking anyone that can help me out can you please send me a email at chris@designshift.com.Mainly what I need to know of what he was charged with, what are we looking at from a minimum and maximum pentalty...if this guy is going to get a slap on the wrist for killing my father in law and hurting my family for the rest of their lives. I need to know if I can have faith in the US justice system that this guy will not get away with this lightly....like I said being that the laws vary from state to state....there is allot of questions and confusion regarding the charges....I hope this makes it more clear to you.

-Chris

here are a few news articles of the accident:

abc11.com: Orange County authorities charge driver who killed cyclist 6/05/08

abc11.com: Cyclist killed in Orange County after being struck by SUV 6/05/08

I am sorry for your loss--I lost my husband of twenty years 12 months ago to a careless bus driver who killed him as he was a passenger in a work truck. He left behind our seven children, all minors, so, as a forty two year old widow, newly single mom of seven hurting little hearts, I do understand your anger, your frustration and your sorrow.

That being said, I am not sure what you are asking, or what your question is. If you are asking if this process is fair, the answer is no. If you are asking if there is anything humanly possible to rectify this wrong, the answer is no.

If you have a specific question about the process, or procedure, I can try to answer those. But I am uncertain as to what your question is.

Again, please accept my sympathy for this senseless and tragic loss.

Thanks for your reply....well being in Canada where the laws are completely different. Mainly what I need to know of what he was charged with, what are we looking at from a minimum and maximum pentalty...if this guy is going to get a slap on the wrist for killing my father in law and hurting my family for the rest of their lives. I need to know if I can have faith in the US justice system that this guy will not get away with this lightly....like I said being that the laws vary from state to state....there is allot of questions and confusion regarding the charges....I hope this makes it more clear to you.