The annual celebrations and festivities which generally took place at the Smock household on New Year’s Day were halted significantly on New Year’s of 2018 when Ann Smock, a 67-year-old mother of 4 and grandmother of 9, was hit and killed while on the road.
The individual who hit her was 19-year-old Vismar Carmona-Martinez, and he was heavily intoxicated at the time of the accident. Investigation into the case showed that Martinez was driving above the speed limit and his blood alcohol levels were actually 0.240, which is more than 3 times above the legal limit.
Not only that, but he actually had his can of beer in his hand and was actively drinking from it right before the accident took place. Apparently, he tried to hit his breaks only 1 second before the collision which further proved how intoxicated he was at the time of the accident.
Camera footage also revealed that Ann Smock had been stuck in traffic, going between 0-6 kilometers per hour at the time she was hit. Martinez rear ended her vehicle and she died almost immediately following the crash through facing a fatal neck injury.
Ann Smock’s family took her death very hard as she was known to be a very lively individual. Her family and friends claimed that she was ‘the glue that kept them all together.’ Naturally, since her loss was such a deep one, her family asked the court that Martinez be given the maximum penalty of 21 years of jail time. However, since Martinez was only 19 at the time of the accident, and since he had no previous record of ever having been caught drunk driving he was sentenced to 10-11 years of prison and he will be eligible for parole in 5 years.
Another reason why Martinez most likely got off with a lesser penalty was due to the clear remorse and understanding he showed at his trial. He openly accepted his mistake and apologized sincerely for his actions when he was asked to speak in public.
Can I represent myself in court if a death occurred during my drunk driving accident?
Getting into an ordinary accident on the road is already enough to get a person into hot water with the law. However, if a person was drunk during their accident their charges will be increased significantly, and if they do not present their case properly in court they can end up facing permanent criminal charges and long years in prison.
It is possible to request representing oneself in a court trial for vehicular homicide, but getting the help of a drunk driving accident lawyer in Omaha, NE is always in a person best interest, especially when they are facing such heavy charges. A trained DUI attorney can help a person prove they were not entirely responsible for the accident, and in turn, reduce the legal consequences they are being subjected to.