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December 3, 2010 - Fairmont, W.Va. - A man has pleaded guilty to a misdemeanor charge of DUI causing death.
WBOY reports that Adam Mitchell, 22, of Marion County, entered his guilty plea on Thursday, with Judge David Janes presiding.
The fatal accident happened in June 2009, when Mitchell, driving with a blood alcohol level of .190, crashed his pickup truck. The passenger in Mitchell's truck, Josh McCaully, was pronounced dead on the scene. Records show that the airbag on the passenger side of the vehicle didn't go off during impact.
Following the accident, Mitchell was indicted on a felony charge. He has since pleaded guilty to a lesser misdemeanor offense.
Mitchell's sentencing date is set for January 14, 2011. This date will allow the family of the victim to attend the sentencing.
The sentence recommended by the state is 1 year in jail along with a $500 fine. After 90 days served in jail, Mitchell may be able to serve the remainder of his sentence in home confinement. Community service has also been recommended for Mitchell. Prosecutors would like him to speak at schools concerning the ramifications of driving while under the influence.
Mitchell is currently on bond supervision until his sentencing date.
The National Highway Traffic Safety Administration's 2009 West Virginia Crash Statistics show that there were 356 fatalities as a result of car accidents in West Virginia.
In an effort to raise awareness of common factors in serious and fatal car accidents in West Virginia, our firm routinely publishes news items about traffic crashes in our region.
Common West Virginia accidents include, but are not limited to:
single-car crashes;
tractor-trailer accidents;
accidents caused by hazardous road conditions; and
distracted driver crashes.
If you or a family member has been named in this blog and you would like the information to be removed please contact us and we will promptly accommodate your request.
The Miley Legal Group 230 W Pike Street, Suite 205 Clarksburg, WV 26301 Phone: (304) 326-1800 Fax: (304) 326-1801 mlg@mileylegal.com
We represent men, women, and children in West Virginia, including:
Morgantown, Monongalia County, Fairmont, Marion County, Clarksburg, Bridgeport, Shinnston, Salem, Harrison County, Grafton, Taylor County, Weston, Lewis County, Buckhannon, Upshur County, Philippi, Belington, Junior, Barbour County, Elkins, Randolph County, Kingwood, Preston County, Sutton, Gassaway, Flatwoods, Braxton County, Glenville, Gilmer County, Parkersburg, Wood County, West Union, Doddridge County, Canaan Valley, Thomas, Davis, and Tucker County.
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