33-year-old Daniel Tewksbury may not have been wholly responsible for an accident that took the life of a single mother and left him with two broken legs, according to investigators.
Tewksbury entered a guilty plea to vehicular manslaughter and accepted a 6 month prison sentence regardless. He will also spend 5 years on probation. There was little evidence left behind in the February 24 accident. It occurred around 10:45 PM on I-390, with no eye witnesses and little physical evidence. From what investigators could tell, Nancy DeCarr may have been partially responsible.
DeCarr, a 45-year-old mother, died at the scene. Tewksbury survived with two broken legs and other injuries; he now walks with a cane. He was found to have a blood-alcohol level of .20%. Despite speculation over the cause of injury, Tewksbury said he entered the guilty plea to bring peace to DeCarr's family and exonerate her of responsibility.
When one driver has been drinking prior to an accident, the driver is not always held wholly responsible, despite some misconceptions to the contrary. Investigators must consider the evidence present to determine how much the intoxication contributed to the accident and find any mitigating or aggravating evidence.
If the other driver was completing an illegal maneuver, for example, a DWI driver may be partially relieved of responsibility. Only partially relieved, though, such as in Tewksbury's case where he will still spend 6 months in jail.