Homicide, Murder, Manslaughter State Law vs Federal Law

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yogi

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My nephew was killed in June, 2010 by a tractor trailer driver that fell asleep at the wheel. After almost a year,
the state of Ct finally charged him with negligent vehicular homicide, driving time violation, and failure to keep in marked lane. There were no drugs or alcohol involved, and the DA is recommending a sentence of 14 months
probation, and a loss of license for 120 days. Our family is outraged at this slap on the wrist. All they tell us is
"falling asleep while driving is not a crime". We tend to disagree; if one is asleep, they are NOT in control of the vehicle. We have been advised to file a civil suit, but it is not about money. We want this driver to go to jail and pay a hefty fine for the life that he took through his negligence. Are there any federal DOT laws that can
override Connecticut's seemingly lax vehicular homicide laws?
 
Federal DOT regulations (not laws) don't supersede state criminal or traffic law.

I feel your pain. So, file your lawsuit. The incarceration of that killer won't bring your loved one back.

Please accept my condolences on the loss of your nephew.

Ask to speak at his sentencing. At least, he'll hear you.

So will the judge. Write a letter to the judge.

It isn't over until the fat man or woman in the black robe pronounces sentence. A plea agreement is nothing more than a recommendation. Ask others to write letters, too. Get several members of your family to speak at sentencing. You have that right. Good luck and God bless.
 
Update to sentencing

Thank you. Your statement regarding the plea agreement being only a recommendation gave us hope. We were given the choice to address the court before the plea was entered. The VA advised us to do so, which we did. Several of us addresses the court and the judge DID impose a harsher sentence and the maximum allowable fine for vehicular homicide. He stated he did so "after listening to the victims".

I would tell anyone who finds themselves in the same position our family was in to fight for justice and to certainly speak up in court. Although no fine, jail time or anything else will bring our loved one back, we at least feel as though the courts/judge finally listened to us and did the right thing.
 
Yogi, I'm glad what you discovered here helped you.
Again, my condolences on your loss.
Thanks for letting us know you got value from our words.
God bless.
 
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