Milwaukee County district attorney’s office decided this week not to file criminal charges against a Wauwatosa woman for her involvement in a 2009 car accident that killed a Milwaukee motorcyclist.

The car accident occurred on the morning of July 2, 2009 when Jane Carter, 66, of Milwaukee, struck the motorcycle of Wauwatosa motorcyclist, 52-year-old Jim Barbarini. According to police and news reports, Carter was driving her Toyota Matrix when she turned the corner and struck the motorcycle of Barbarini. As a result, Barbarini broadsided the vehicle and was violently thrown from his bike. Barbarini was wearing a novelty helmet with spikes at the time of the crash, but it offered little to no protection during the impact. The crash occurred near N. Mayfair Road and W. Center Street.

According to police, Carter was on her way home from a tennis game with her friends just before the fatal car accident occurred. Officers on the scene saw no sign that Carter was impaired and did not administer a field sobriety test. After the crash, Carter told police that she had taken a prescription painkiller 12 hours prior to the crash and police initiated a blood test. The blood test revealed that Carter had taken Ambien, a prescription sleep aid, not 12 hours prior but 60 to 90 minutes prior to the crash.

Makers of the drug suggest that people who have taken the drug to stay in bed for seven to eight hours after taking the pill. One reported side effect is so-called sleep-driving in some people. For this reason, the Milwaukee County district attorney’s office spent the last 11 months investigating this case to determine if there was any additional evidence to support that she was impaired while driving. They determined she was not.

Despite not being charged with any crime, Carter still faces a fine of $1,311 for failing to yield to a stop sign causing death.

Related Resource: Milwaukee Journal Sentinel, “DA decides not to file criminal charges in motorcycle crash: After taking Ambien Jane Carter crashed into Jim Barbarini’s bike causing his death,” [original article no longer available online]

If you need legal aid from a Milwaukee motorcycle accident attorney, contact Domnitz & Domnitz, S.C. today.

A Milwaukee man was recently sentenced to five years in prison for driving drunk and causing a hit-and-run car accident that killed a motorcyclist last September.

The car accident occurred on Sept. 13, 2009, when 48-year-old Michael Dorsey, of Milwaukee, was driving his sports utility vehicle northbound on Green Bay Avenue while intoxicated and swerved onto West Congress Street, causing his vehicle to collide with 24-year-old motorcyclist Brandon Boston. Dorsey fled the scene of the accident shortly after it happened and failed to even check to see if Boston was ok following the fatal accident.

Reports did confirm that Boston was wearing a safety helmet but that it flew off his head during the crash. However, Boston was pronounced dead shortly after at Froedtert Hospital in Wauwatosa from fatal injuries sustained during the crash.

Dorsey was apprehended by authorities after his SUV was found at his home. According to news reports at the time of the crash, Dorsey’s blood-alcohol content (BAC) was more than twice the legal limit when he crashed into Boston’s motorcycle. Dorsey told officers that he left the scene because he was scared.

In addition to Dorsey’s jail time, he will also have his license revoked for three years after being released from jail.

Initial reports back in September reported that if found guilty Dorsey could have faced 50 years in prison for his crimes. In September, Dorsey was charged with homicide by intoxicated use of a vehicle and hit-and-run. He pleaded not-guilty to the charges and waived his right to a preliminary hearing.

Related Resources:: Milwaukee man gets 5 years in fatal hit and run

If you need legal aid from a Milwaukee motorcycle accident attorney, contact Domnitz & Domnitz, S.C. today.