Wednesday, March 7, 2012

Resolution

The transformation that happened in my heart and mind was no small thing. In fact, when I finally heard back from my attorney, it felt somewhat anti-climactic (although, obviously, I was still interested and concerned about how everything would turn out).

Here's what he said: "While it's terrible that this woman has passed away, I think your insurance agent is right. I think that this clears everything up for us. We all know that she had previous and outside medical issues. I'll get in touch with the DA and see how she wants to proceed."

Well, the DA decided that she still wanted to meet in court. When we got there, however, she gave the judge an update about the pedestrian and said something like, "Your honor, while we have no reason to believe that the pedestrian's death has anything to do with the accident, we are asking for another continuance to give us time to do our due process" (emphasis mine).

While that was annoying (as was the waste of an hour of my and my attorney's time (which cost me a pretty penny...) ), it wasn't that big a deal. Our next (and final !!!!) court appearance was scheduled for the end of May - the Monday before Memorial Day, 2011.

The preceding Friday, my attorney called to tell me that he'd spoken to the DA and she had an offer for us. She wasn't willing to drop the charges (for careless driving) because there was witness testimony that I had pulled away from the intersection after the pedestrian had stepped off of the curb. BUT, she also didn't have any evidence that the accident had had anything to do with the woman's death. So...her offer was that if I pled guilty to the intial charge of careless driving, she'd let the case drop and not proceed any further with any investigation.

(Apparently -- and I think I definitely neglected to explain this in any of my prior posts -- the hold up every time we were in court previously had been because, while the DA did have evidence for that initial charge of careless driving, she wanted to see if the charge should be changed (increased to something more serious) like careless driving with bodliy injury (why she wanted to and kept trying with no success to actually speak with the pedestrian) or careless driving resulting in death (why she asked for that further continuance at the last appearance).)

Also - she was willing to make the offer because a) everything had gone on for long enough, b) she didn't have any further evidence and knew she wouldn't get it and c) the deadline for my "speedy trial" guarantee was about three days after Monday's court appearance...so resolution HAD to happen by then.

My attorney suggested that I accept her offer (the alternative would be to go to trial....very long, arduous and EXPENSIVE). So, on that day in May - over seven months after the initial accident - I pled guilty to careless driving.

My punishment? Four points on my license and 24 hours of community service (which I ended up serving at the local public library).

My reward? A deeper, freer, truer relationship with my kind and gracious heavenly Father and more peace and confidence in my own heart and life.

Would I want to do it again? No.

Was it worth it? Absolutely.

1 comment:

Amy said...

wow! what a wild and bizarre ride. thanks for sharing the story - so glad to hear about all the beautiful work God has been doing in you!