Legal Topics

Criminal law — Traffic infraction causing death — Personal jurisdiction — Prosecution for traffic infraction causing death is barred and motion to dismiss is granted

Nov 16th, 2021 in News by admin

Criminal law — Traffic infraction causing death — Personal jurisdiction — Prosecution for traffic infraction causing death is barred and motion to dismiss is granted where defendant was issued civil moving citation at time of crash, but no additional or amended citation or charging document was filed or served on defendant after state decided to prosecute him for traffic fatality — Appearance of defendant’s attorney at pre-trial hearings did not waive defendant’s opportunity to contest personal jurisdiction where attorney was present for jurisdictional purposes only after state orally amended charges — Petition for writ of prohibition is granted