Date: 09-20-2016

Case Style:

Case Number: CF-2015-4515

Judge: Sharon Holmes

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: James Pfeffer

Defendant's Attorney: Keith Ward

Description: Tulsa, OK - Irresponsible Driver Gets 20 Years for Woman's Death

The State of Oklahoma charged James Randall Blissit, 47, with speeding in excess of lawful maximum limit in violation of 47 OS 11-801 (B) and first-degree manslaughter in violation of 21 O.S. 711 that caused the death of 82-year-old Emma Jean Bennett who was killed when her car was hit by Blissit's car, which was traveling 100 mph at the time of the collision near 71st and Harvard on September 26, 2014.

Title 47 O.S. 11-801 provides:

A. Any person driving a vehicle on a highway shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the highway and any other conditions then existing. No person shall drive any vehicle upon a highway at a speed greater than will permit the driver to bring it to a stop within the assured clear distance ahead.

B. Except when a special hazard exists that requires lower speed for compliance with subsection A of this section, the limits specified by law or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of the following maximum limits:

1. Seventy-five (75) miles per hour in locations comprising:

a. the turnpike system, and

b. rural segments of the interstate highway system, as may be designated by the Transportation Commission. Provided, however, the Commission shall determine prior to the designation of such segments that the public safety will not be jeopardized;

2. Seventy (70) miles per hour in locations which are:

a. four-lane divided highways including, but not limited to, the interstate highway system, and

b. super two-lane highways. As used in this section, a super two-lane highway shall mean any two-lane highway with designated passing lanes, and consisting of paved shoulders not less than eight (8) feet in width;

3. Sixty-five (65) miles per hour in other locations;

4. For a school bus, fifty-five (55) miles per hour on paved two-lane highways except on multilane divided highways, turnpikes, and interstate highways where the maximum shall be sixty-five (65) miles per hour;

5. On any highway outside of a municipality in a properly marked school zone, twenty-five (25) miles per hour, provided the zone is marked with appropriate warning signs placed in accordance with the latest edition of the Manual on Uniform Traffic Control Devices. The Department of Transportation may determine on the basis of an engineering and traffic investigation that a speed limit higher than twenty-five (25) miles per hour may be reasonable and safe under conditions as they exist upon a highway, and post an alternative school zone speed limit. The Department shall mark such school zones, or entrances and exits onto highways by buses or students, so that the maximum speed provided by this section shall be established therein. Exits and entrances to controlled-access highways which are within such school zones shall be marked in the same manner as other highways. The county commissioners shall mark such school zones along the county roads so that the maximum speed provided by this section shall be established therein. The signs may be either permanent or temporary. The Department shall give priority over all other signing projects to the foregoing duty to mark school zones. The Department shall also provide other safety devices for school zones which are needed in the opinion of the Department;

6. Twenty-five (25) miles per hour or a posted alternative school zone speed limit through state schools located on the state-owned land adjoining or outside the limits of a corporate city or town where a state educational institution is established;

7. Thirty-five (35) miles per hour on a highway in any state park or wildlife refuge. Provided, however, that the provisions of this paragraph shall not include the State Capitol park area, and no person shall drive any vehicle at a rate of speed in excess of fifty-five (55) miles per hour on any state or federal designated highway within such areas; and

8. For any vehicle or combination of vehicles with solid rubber or metal tires, ten (10) miles per hour.

The maximum speed limits set forth in this section may be altered as authorized in Sections 11-802 and 11-803 of this title.

...

Title 21 O.S. 711 provides:

Homicide is manslaughter in the first degree in the following cases:

1. When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor.

2. When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon; unless it is committed under such circumstances as constitute excusable or justifiable homicide.

3. When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.

Outcome: JUDGE SHARON HOLMES: DEFENDANT PRESENT, NOT IN CUSTODY AND REPRESENTED BY KEITH WARD. STATE REPRESENTED BY JAMES PFEFFER. COURT REPORTER IS DEE TANNER. REPORTS RECEIVED. VICTIM'S IMPACT STATEMENTS HEARD. CASE CALLED FOR SENTENCING. DEFENDANT SENTENCED AS FOLLOWS:
COUNT 1: DEFENDANT SENTENCED TO TWENTY (20) YEARS IN THE DEPARTMENT OF CORRECTIONS, THE FIRST SEVEN (7) YEARS TO BE SERVED IN CUSTODY AND THE REMAINING THIRTEEN (13) YEARS TO BE SUSPENDED AND UNDER THE SUPERVISION OF DOC - COMMUNITY SENTENCING. DEFENDANT ASSESSED FINE IN THE AMOUNT OF $5000.00, VICTIM'S COMPENSATION FUND IN THE AMOUNT OF $5000.00, PSI FEE IN THE AMOUNT OF $250.00, PLUS COSTS. DEFENDANT TO COMPLETE VIP UPON RELEASE FROM DEPARTMENT OF CORRECTIONS.
COUNT 2: DEFENDANT ASSESSED FINE IN THE AMOUNT OF $10.00, PLUS COSTS.
DEFENDANT ADVISED OF 85% RULE. DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 AND J&S ISSUED. COMMITMENT FOR PUNISHMENT ISSUED. BOND EXONERATED.

Plaintiff's Experts:

Defendant's Experts:

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