Judge rules driver accused of hitting, killing elderly woman must pay fine

Updated:

Leona Daniluk
PORT ORANGE, Fla. —

A traffic court hearing played out like a criminal trial in Volusia County involving the death of 78-year-old Leona Daniluk.

A judge found the driver, Nicole Nagrani, guilty of failure to use due care. The judge said Nagrani must pay $1,000 fine and do 120 hours of community service. Her license was revoked for six months.

An attorney for Nagrani had tried to pick apart the fatal crash investigation by Port Orange police before the ruling came down.

"Did you even test the breaks?" Nagrani's attorney said.

"I don't think that we started it up? But I don't recall," said a police officer.

Daniluk was hit on Ridgewood Avenue in April while she was trying to cross the road, according to investigators.

Port Orange police said Nagrani was charged with failing to yield to a pedestrian in an unmarked crosswalk with death.

Nagrani's attorney worked hard to discredit the evidence, even video of the crash.

"Is the original still available?" the attorney asked.

"Yes," said a witness.

"Then there's absolutely no reason the original is not here," the attorney said.

In April, Nagrani's attorney told police she was reaching for her cell phone when she hit Daniluk.

Nagrani opted not to show up in court Wednesday and was not available for comment.

A family member of Daniluk attended Monday's hearing. He said Nagrani should have been there to face the judge for her actions.

"Shame on you for not showing up. That's basically saying you're a coward," family member Michael Melnicoff said.