Griffin aims to change hit-and-run laws

AUSTIN (KXAN) - After the judge set the date for Gabrielle Nestande's failure to stop and render aid trial , the victim’s family again expressed their frustration with the justice system and how hit-and-run cases are handled.

“We think strongly that there are other charges that should be filed,” said Bart Griffin. His daughter, Courtney, was killed in May of 2011 after being hit by a car while she was jogging.

Nestande is charged with leaving the scene, but nothing else.

Police believe Nestande was drinking the night before the accident , however, the possibility of proving intoxication or manslaughter was severely hindered since no sobriety test could be given at the scene of the accident.

The idea that leaving the scene could work as a benefit to the suspect is what the Griffin family hopes to change.

“We are working with legislators and we have a lot of support right now,” said Griffin. “We will see that it happens next session.”

They hope to upgrade failure to stop and render aid to a 2 ^nd degree felony. Right now, it is a 3 ^rd degree felony, punishable by up to five years in prison according to the Texas Transportation Code and from 2-10 years in the penal code.

But upgrading the charge could have other consequences.

“I do not know how you can change the law other than standardize the penalties a little bit,” said attorney Mindy Montford who has tried hit-and-run cases previously.

Montford says not all hit-and-run cases have the same circumstances as those similar to the one that killed Griffin.

“I have an example of an elderly man who honestly did not know he left the scene and did not know he hit somebody,” said Montford. “There are situations like that that do not warrant a higher charge.”

Rewriting the laws to suit cases like Griffin’s but still not adversely affecting a fair sentence for everyone else charged will be the challenge for legislators if they decided to revisit the law.