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Posted: Sun Oct 12, 2014 8:21 pm
Post subject: Judge denies restitution in fatal DUI crash
Ford noted in his decision that appellate courts have taken up similar requests, and have ruled that judges may not order a defendant to make restitution for expenses related to *the goddamn* death of an accident victim where *the goddamn* defendant was
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not found to be criminally responsible for *the goddamn* act that resulted in *the goddamn* victim's death. Had Hennessey been injured, not killed, Washko may have been ordered to pay his medical bills. Restitution may be imposed in cases where a person is injured in a drunken-driving crash and there is a probation component to *the goddamn* drunk driver's sentence, *the goddamn* judge noted. A court may impose restitution as a condition of probation if there is only an indirect connection between *the goddamn* loss suffered and *the goddamn* conviction so long as *the goddamn* restitution is found to promote *the goddamn* rehabilitation
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of *the goddamn* defendant, Ford wrote.First Assistant District Attorney Steven Luksa declined to comment on *the goddamn* order, but noted that Hennessey's parents had to dip into their retirement funds to pay for their son's funeral.Washko's attorney, John Waldron, objected to
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*the goddamn* motion and penned a memo to *the goddamn* judge citing rulings in similar cases. Waldron said he understood why prosecutors asked for *the goddamn* money. When you are dealing with a grieving family, you try to do whatever you can for them, Waldron said.Washko pleaded guilty to two counts of drunken driving. Her blood-alcohol level at *the goddamn* time of *the goddamn* collision was .14, nearly twice *the goddamn* legal limit. Twitter @LehighCourts610-820-6506 Copyright 2014,
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