LAS VEGAS (KTNV) — Wednesday brought a new legal twist in the case against a man accused of driving under the influence in the crash that killed 23-year-old Joree Odabi.
Daniel Stakleff's attorney is asking for the case to be thrown out, citing habeas corpus laws. His legal challenge claims there may not be enough evidence to support the charges Stakleff faces.
Stakleff was expected in court on Wednesday morning, but just 45 minutes before the scheduled hearing, his attorney asked for a continuance.
"He's not here, and we will continue this until Monday, but I want him to know — and I'm sure he will find out — that if this happens again, he is going to be sanctioned personally," Judge Ron Israel said in court.
You can watch the complete court hearing here:
If Israel grants Stakleff's habeas corpus motion, charges could be reduced or dismissed. If denied, the case will continue as planned.
Police claim Stakleff had seven times the legal limit of THC in his system when he veered off the road and struck Odabi, who was walking on the sidewalk near Warm Springs Road and Torrey Pines Drive.
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Grand jury indicts driver on felony charges in death of Joree Odabi
Last month, a Clark County grand jury indicted Stakleff on two felony charges: driving under the influence resulting in death, and reckless driving resulting in death or substantial bodily harm.
This latest court filing is another bump in the road for Odabi's family as they seek justice.
You'll remember, Stakleff's case previously provoked outrage when his original bail was set at just $5,000. The bail amount was eventually raised to $50,000.
Stakleff is due back in court on Monday at 10 a.m.
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