Friend convicted of vehicular homicide… the judge did not allow in testimony that the victim was not wearing a seatbelt. Why?

DETAILS

The driver convicted was driving less than 8 miles per hour….the seat belt would have completely changed the nature of the trial. Appeal?

ANSWER

There are many different reasons the judge may have disallowed the evidence. This may have been a big issue in the case, or it may have been one of the many evidentiary issues that arise during all trials. In a vacuum, and without knowing any other facts of the case, it seems very important especially since a seatbelt may behave prevented the victim’s death.

So, the best thing to do would be to contact the trial attorney for more details. My colleagues have provided excellent advice already regarding contacting the trial attorney and also an appellate attorney. If this issue is as important as it seems, a transcript would be necessary for preparing an appeal.