Who thought pulling a random bike stunt could overturn a conviction…

29-year-old Anthony Thomason, a motor bicyclist who had just purchased his 2007 Suzuki sport bike, was being reckless.  Thomason had been speeding, wasn’t wearing a helmet, had been drinking and didn’t even have a motorcycle license.  At one point Thomason popped a wheelie, his headlight pointing at the night sky.  That’s when Harley Pennington turned left on Tanglewood Drive.  Pennington was drunk, swerving his 1985 Chevy SUV.  Thomason’s bike crashed into the SUV’s side and arched into the air.  Thomason suffered injuries and was taken to a hospital where he was pronounced dead.  Pennington was convicted with a DUI manslaughter…

Now the Fifth District Court has appealed the sentence, stating that, yes, Pennington was driving under the influence, but it hasn’t been proven that he caused the crash.  Personal injury lawyers are tuning in.  Assistant State Attorney Deborah Barra says that should Pennington gain probation that she’ll combat by asking for more prison time.

A Florida Highway Patrol trooper who had arrived at the accident surmised that Thomason might have been popping a wheelie when he was struck.  Eyewitnesses have confirmed this, and with Thomason’s wheel being in the air at the time of the crash, a thorough investigation is being placed

Pennington, who ditched his SUV at the time of the incident, vanished and was later recovered at his home where he was asleep.  Pennington then failed sobriety tests with his blood alcohol level at .144, well above the legal limit of .08.

To read more about the accident and its investigation visit Orlando Sentinel.

Motorcycle Accidents – Learn More

Who do you think is responsible?  Do you personally know of someone who suffered personal injuries while driving under the influence?  Comment below.

Kenneth G. Marks is a Personal Injury Attorney based out of Orange County, California. www.KmarksLaw.com