No New Trial in Drunk Driving Pedestrian Accident
In 2004 Kevin Whittaker struck a fellow University of New Hampshire student. He was convicted of negligent homicide after he struck and killed the victim while drinking and driving.
Whittaker's attorney argued that an accident reconstruction expert could have proven to jurors that the accident was unavoidable. The state Supreme Court agreed and sent the case back to the Strafford County Superior Court. However, Judge Peter Fauver denied a retrial.
This means that Whittaker will have to serve out his seven and a half year term without a retrial.
The accident occurred on the campus of UNH in 2004. Whittaker's car struck the pedestrian on Main Street in Durham. According to testimony both the driver and victim had been drinking. Whittaker has been in prison since his sentencing in January 2006.
If you have been involved in an accident and want an experienced attorney please contact a lawyer at Van Dorn & Curtiss today for your free consultation. Out attorneys are passionate about defending the injured and work every day to get our clients maximum compensation for their injuries. Please call your New Hampshire (NH) personal injury attorney at Van Dorn & Curitss today for your free consultation.