Although a woman was allegedly impaired by both drugs and alcohol in a crash that left two women dead, her plea deal allowed for one of the counts of homicide by vehicle while DUI to be dropped, as reported by the York Dispatch.
According to court documents, J.H., 43, pleaded no contest to a single count of homicide by vehicle while DUI. She pleaded guilty to homicide by vehicle, DUI, speeding, careless driving and disregarding a traffic lane
J.H., a Lower Chanceford Township resident, is free on bail while she awaits her sentencing on July 1.
According to chief deputy prosecutor Tim Barker, Common Pleas Judge John S. Kennedy has ordered a presentence investigation. The results are expected to assist Judge Kennedy in setting the appropriate punishment.
Barker said that a charge of homicide by vehicle while DUI carries a mandatory minimum three to six year sentence. He is planning to request that J.H.'s sentence for the charge of straight vehicular homicide be run consecutively.
Once the presentence investigation is completed Barker will determine exactly how much prison time he will seek.
Both of the families of the two victims, according to Barker, have approved of the plea deal. He said that he would consult with them again prior to J.H.'s sentencing.
Attorney Justin McShane represents J.H.
On August 28 just after one in the morning, domestic partners A.O., 31, and D.W, 38, were killed after being struck nearly head-on by J.H.
The couple drove northbound on Delta Road near Route 74 in a Toyota Corolla when they saw a Cadillac deVille fail to negotiate a curve and travel from the southbound lanes into northbound traffic.
J.H., piloting the Cadillac, drove into the berm, then over-steered, rotated back into the northbound lane before reentering the southbound lane.
A.O., who was driving the Toyota, steered her vehicle into the southbound lane in the hopes of avoiding a collision. However, the two cars crashed directly into each other instead.
According to police reports J.H. was traveling at speeds between 68 to 76 mph when she had trouble with the turn.
D.W. was thrown from the vehicle while A.O. was pinned inside. Both women had failed to secure their seatbelts.
J.H.'s vehicle flipped over and landed onto its roof. She was taken by helicopter to York hospital to treat her injuries.
While in the hospital J.H. allegedly admitted to consuming a couple of mixed drinks after she finished up her work in a local restaurant. A state trooper documented her saying, "I feel like a jacka--…I shouldn't have been drinking. I should have left after the first drink. I know better."
J.H.'s blood alcohol level proved to be 0.156 percent, and both marijuana and amphetamines where found in her system.
Are you facing charges of DUI, DWI, OUI or OWI? The smartest thing to now do is to contact a DUI attorney to work on your case. Plea bargaining is essential in avoiding the loss of driving privileges, lengthy prison sentences and heavy fines.