The following is an excerpt from a letter written by my friend to the South Fla Bicycling Coalition.
"The only charges that were brought against Motwani were careless driving, a traffic infraction, and driving with a suspended license. It appears the only chance for any jail time for Motwani is the maximum of 60 days allowed by law despite a fatality being caused by his negligence and his not paying for a ticket for a recent previous traffic infraction. Motwani, according to the newspapers had about a dozen moving violations in the 10 years prior to the accident. Motwani'a family has hired one of the most prominent attorney's in Broward county, David Bogenshutz, to try to keep him from spending any time in jail. His trial keeps being delayed but now is possibly taking place the end of this month unless it is postponed again.
The assistant state's attorney handling the case against Motwani, Nicole Bloom, tells me that there isn't a law in Florida that allows him to be charged for a more serious offense that I believe is definitely appropriate with the facts being what they were in this "accident". In addition she isn't confident that the judge, Stacy Ross will give him any jail time. While the penalty of 60 days is the maximum, she said this offense rarely gets the offender jail.
The witness driving the car behind Motwani used the term to describe his driving just prior to him running us down on the right hand side of the merge lane as erratic. She said he kept stopping on Glades Road, and then looking down in his car and then speeding off a couple of times before turning onto the merge lane of 84. She also said that there wasn't anyone to the left of him on 84 keeping him in the merge lane. He just didn't move to the left. She claimed he was looking down while in the merge lane. I was wearing an extremely bright orange shirt that day that he couldn't have missed seeing if he had looked up. I plan on bringing the shirt to court for his trial to show to the judge.
I'm sending this email in hopes that we can try to close this loophole of justice. Motwani should have been charged with a FELONY and faced some serious penalties, not just letting his family pay fines and get him off. THis isn't justice and the state shouldn't allow this to ever happen again. THIS WASN"T AN ACCIDENT. THIS WAS CAUSED DIRECTLY BY MOTWANI'S NEGLIGENCE."