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Careless Driver Kills Man - 27 Days Later Pulled Over Again

By Eddie Farah

Imagine you had a loved one who was hit and killed by a careless driver. Wouldn't you hope that person would be arrested and at least face some charges?

That is what the family of Terrance Fowler hoped. Maria Fonsica was driving on August 12th, when troopers say she veered off the road and onto the shoulder, hitting and killing Terrance Fowler. She was charged with careless driving, not a criminal violation.

But that didn't stop her. 27 days later she was pulled over again. This time, Fonsica was issued three citations including speeding 71 miles an hour in a 45 mile per hour zone and cutting in and out of traffic.

And that’s not all - Fonsica has 16 citations in all that date back 20 years. She has been behind the wheel on countless occasions displaying driving habits such as running a stop sign, seatbelt violations and speeding.

You could call this a habitual careless driver. Now she is set for sentencing in January.

Her attorney says “She’s very distraught by the crash, very sorry it happened and very sympathetic to the family, and she certainly wants the family to understand that,” according to Paul Shorstein who spoke to First Coast News.

If you were a judge in her sentencing - what would you do?

Florida law establishes a point system to determine if you are qualified to operate a motor vehicle. If she has accrued a number of infractions, the points will be added up and the judge has the discretion to finally do something. More than 12 points , Fonsica must have her license suspended.

Unfortunately she was only charged with careless driving in the death of Fowler.

Manslaughter charges resulting from operating a motor vehicle, along with other reckless behavior behind the wheel can lead to a habitual traffic offender charge resulting in a five year driver’s license revocation.

Let’s hope that the judge considers revoking her license to drive so as not to give her another chance to hurt someone else. Remember - driving is not a right, it’s a privilege.

Traffic crashes kill about 40,000 people in the U.S. every year. At Farah and Farah we see too many momentary lapses of judgment that change a life forever. You almost can’t imagine it unless it has happened to you.

Let’s keep the Fonsica’s of the world off the road whenever we can. #

Originally posted at InjuryBoard by Eddie Farah

Full post as published by Jacksonville Personal Injury Lawyer on December 10, 2008 (boomark / email).