Personal Injury Law

Driver Kills One After Allegedly Texting While Driving

By Greg Owen

A Costa Mesa motorist was ordered to stand trial for allegedly killing a pedestrian minutes after he was texting on his cellphone in the car.

An Orange County judge on Monday rejected a defense request to reduce the charges. The man's attorney argued that there is no evidence he was texting at the time of the crash, but prosecutors say his use of the phone and other factors suggest he was acting negligently and didn't see the pedestrian.

The trial comes amid a growing national debate about the texting while driving, which the state outlawed last year. If convicted of vehicular manslaughter, he faces up to nine years in prison.

Martin Burt Kuehl, 42, is charged with vehicular manslaughter with gross negligence, although prosecutors acknowledge that they have no phone company records to prove that he was texting at the moment of impact.

Martha Ovalle, a Guatemalan immigrant working in Newport Beach as a nanny, died in the Aug. 29, 2008, accident. It took place about 8:30 a.m on Westcliff Drive near Dover Drive in Newport Beach.

Full post as published by Glendale Personal Injury Lawyer on September 29, 2009 (boomark / email).