The attorneys of a woman based in Royal Oak, Michigan, accused of a hit and run accident that fatally injured a bicyclist, attempted to dismiss criminal charges against her by alleging that the police improperly seized and searched her vehicle without a search warrant. Both her defence attorney, Neil Rockind, and her civil lawyer, James Czarnecki, stated that the improper conduct of the police who had not followed due process could be considered as grounds to dismiss criminal charges against their client.
But the Royal Oak City attorney, Dave Gilliam, stated that the search and seizure of the vehicle was entirely proper.
Kimberly Dancy, 44, fatally struck a cyclist and then drove away. After a while she intentionally drove her 2008 Jeep Liberty into another car to disguise the damage to her vehicle.
Dancy is undergoing a trial for leaving an at-fault accident that caused death and for malicious property destruction. She is liable to receive 15 years of imprisonment for the former felony and 2 years for the property destruction felony. Police allege that Dancy drove her car into another car at a drugstore parking lot a few hours after striking the cyclist on September 19.
Czarnecki stated that her car was seized a day before police obtained a search warrant.
Royal Oak City attorney Dave Gilliam is well prepared for a civil lawsuit from the defendant. He states that the police were well within their rights when they seized her vehicle. Czarnecki and Adam Latra, Dancy's two lawyers who have been retained for the civil lawsuit against the Royal Oak police may well pursue their claim that the police were wrong to seize her car without a warrant. Gilliam stated that if they do so, on behalf of his client, he would file a motion for summary disposition, which asks a judge to throw a case out at its first hearing.
Jacqueline Robinson, 40, was killed in the accident while commuting to the home of a 92 year old man to take care of him, which she did often.
To read all the details of the case click here.
But the Royal Oak City attorney, Dave Gilliam, stated that the search and seizure of the vehicle was entirely proper.
Kimberly Dancy, 44, fatally struck a cyclist and then drove away. After a while she intentionally drove her 2008 Jeep Liberty into another car to disguise the damage to her vehicle.
Dancy is undergoing a trial for leaving an at-fault accident that caused death and for malicious property destruction. She is liable to receive 15 years of imprisonment for the former felony and 2 years for the property destruction felony. Police allege that Dancy drove her car into another car at a drugstore parking lot a few hours after striking the cyclist on September 19.
Czarnecki stated that her car was seized a day before police obtained a search warrant.
Royal Oak City attorney Dave Gilliam is well prepared for a civil lawsuit from the defendant. He states that the police were well within their rights when they seized her vehicle. Czarnecki and Adam Latra, Dancy's two lawyers who have been retained for the civil lawsuit against the Royal Oak police may well pursue their claim that the police were wrong to seize her car without a warrant. Gilliam stated that if they do so, on behalf of his client, he would file a motion for summary disposition, which asks a judge to throw a case out at its first hearing.
Jacqueline Robinson, 40, was killed in the accident while commuting to the home of a 92 year old man to take care of him, which she did often.
To read all the details of the case click here.
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