Trucker Hits, Kills Woman While Watching Pornography
One would imagine that life as a trucker would get pretty boring sometimes. Driving across America alone, day after day, for hours at a time with nothing to do would certainly leave one desiring to find some ways to pass the time. Forty-five year-old Thomas M. Wallace, a truck driver from Ohio, certainly knows how dull life on the road can be, so he decided to spice his journeys up a little bit by watching some pornography on his laptop computer while he drove to his next destination. Unfortunately, someone who is watching pornography probably isn’t watching the road and so Wallace apparently didn’t notice that he had veered off the roadway and into the shoulder. By the time he noticed, it was too late and he crashed into thirty-three year-old Julie Stratton who had pulled into the shoulder, killing her. Wallace recently pleaded guilty to second-degree manslaughter and was sentenced to three to nine years in prison.
In Tennessee, Wallace would most likely be looking at a vehicular homicide charge, which is the reckless killing of another person by operating a motor vehicle in a way that poses a substantial risk of death or bodily injury to another person. This offense is a Class C felony in Tennessee and carries a penalty of up to fifteen years of incarceration.
In cases such as this one, there may not be a whole lot of ammunition for fighting the charges since watching pornography while you drive is reckless conduct that creates a substantial risk of injury to others, especially where the driver is operating a semi truck or other large commercial vehicle. However, the defendant can argue for a reduced sentence based on lack of criminal history or other mitigating factors that are recognized by Tennessee law. Defendants should seek the advice of a skilled criminal defense attorney for assistance throughout the trial process as well as guidance throughout the sentencing phase of trial should they be convicted.
Source: http://www.nypost.com/p/news/local/porn_watching_ohio_trucker_jailed_Srz8JAIYuCQ7BT0ZMt0yXM?CMP=OTC-rss&FEEDNAME=
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