Jessica, this situation and your loss is horrible beyond words. It seems that the district attorney only thought a traffic violation would "stick". The burden of proof on vehicular manslaughter is high, and it looks like the DA seems to think a jury/judge would see this as a mere accident. The police clearly messed up if a drug/alcohol test wasn't performed. I'd try to find out if the driver refused to take the test. However, it might have been done and been clear... and they just can't tell you because of the Health Information privacy act. If you want this person to face this in court, you should contact a lawyer to file a civil case against him. I believe people do this so they can get monetary compensation for the losses they have suffered. If this individual has no assets then I'm not sure how that would work out. However if this individual does have assets and the court finds in your favor, then you could see some financial benefit, but it wouldn't result in him serving any jail time or probation.
Okay, now for the personal side of things... back in about 1988, my mom was driving and hit and killed a pedestrian. It was about 9pm and dark outside and she didn't see the man crossing the street. The man was in dark clothing but was in a crosswalk. The crosswalk was not lit. There were no streetlights in the area, just lights in a nearby parking lot. (Testing of the victim later revealed that he had been drunk, but that doesn't really matter.) My mom didn't see him, and she hit him. According to her account and the police investigation, she was not speeding either. There were witnesses and they called 911. The victim was transported to the hospital where he died. My mom was also taken to the hospital in a police car where she took a voluntary blood test for drugs/alcohol (she was clear). My mom was arrested and released. I was called to come get her. I was only in high school at the time. Later that night, a police chaplain came to our house and let us know the man did not make it. My mom was so devastated. It was a true accident in her situation, but she did fail to see him and he was in a crosswalk. We feared she would be arrested and charged. But she never was. My mom's car insurance coverage paid out the full allowed amount to this man's family. He was estranged from his family and lived in a different state than them, but insurance still paid them. The family did not bring a civil suit against my mom because honestly, we didn't have any assets and it would likely have been ruled an accident in court. She did not even get a ticket. Not even a ticket, which still stuns me. If I had been related to that victim, I would be furious over that.
I share this with you, Jessica, because I want you to know that a lot of accidents including ones with a death, do not even get a ticket. I'm glad in your situation that at least this person will face SOMETHING. Hopefully it will prevent him from working in an occupation where he drives for a living. No penalty this person ever faces will be fair though. You've lost too much for justice to ever be rendered fully. My heart continues to break for you. ((hugs))
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