Last week, a San Diego Woman caused an accident that took another woman’s life on an Orange County freeway, according to Driver in Fatal Crash Says Wasn’t Distracted. Early reports of the accident suggested that the driver had been texting. According to the Center For Disease Control and Prevention, more than 15 people are killed and more than 1,200 people are injured in crashes each day that were reported to involve a distracted driver. In 2009, more than 5,400 people died in crashes and about 448,000 people were injured in accidents that in involved a distracted driver.
Jorene Nicolas has reported that she was not distracted while driving and told police that her cell phone was in the cup holder. She also denied drinking and driving. Yet the family of the victim is not convinced.
Nicolas faces charges from the accident. Her lawyers stated that he will be able to produce phone records to support her claim that she was not texting while driving. Phone records are frequently offered into evidence in criminal cases and may be of benefit to the defense in this case if they can show that Ms. Nicolas was not texting at the time of the accident.
Lauren K Johnson is a criminal attorney who represents clients in criminal traffic cases including hit and run, DUI with accident, and vehicular manslaugter.