But Sacoolas is still refusing to return to the UK to face prosecution and her lawyer Amy Jeffress is now arguing that her client would not be criminally prosecuted in the US for a similar accident. Sacoolas admits she was driving on the wrong side of the road when she hit Dunn in August 2019. But Jeffress argued that would not be enough for prosecution in the United States. "This kind of an accident had it occurred in the United States would not be prosecuted criminally. So in the United States these cases are only prosecuted where there is evidence of recklessness that rises to the level of close to intent, so drunk driving, distracted driving or a hit-and-run situation or excessive speeding. But there was none of that here," Jeffress told BBC Radio. CNN Legal Analyst Paul Callan disputed the lawyer's assertion.
"I do not believe that attorney Amy Jeffress statement accurately describes US law. Driving on the wrong side of the road and killing someone in the process could be a criminal offense in the United States," Callan, a former New York City homicide prosecutor, told CNN Tuesday. "In recent years, a number of US states have enacted criminal statutes referring to 'vehicular homicide.' These statutes make it possible to prosecute for negligent driving in particularly egregious circumstances. Driving on the wrong side of the road might fit that category under some of the statutes," Callan said.
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