Regarding the field of vision, in the initial interrogation, she said that she could see the other vehicle. In her interrogation with the police, when she was asked about the state of visibility at the time of the accident, she replied in the same manner: "It was dark, there was good visibility, I remember that I saw good." (See N/1 - her interrogation at the Levinstein House dated September 12,2023, pp. 1, paras. 20-21).
FurtherWith regard to the ability to see the lights of the defendant's vehicle, when asked about the defendant's vehicle, she was asked whether she had noticed the other vehicle before the accident and was not asked about the lights specifically, to which she replied: "No, I saw it at the moment of the accident. I didn't even see its lights on the road." (See N/1 - her interrogation at the Levinstein House of September 12,2023, p. 2
4-6).
In this regard, Achinoam also testified in her testimony in court in cross-examination, that in her interrogation with the police, she was referring to the split second before the accident and not to the distance she was asked about in the cross-examination, according to the video shown to her in the field of vision test.
In any case, when she was asked about the description of the accident in her police interrogationShe replied: "Lights, a collision vehicle, and then I think I flew through the air with the car." (See her interrogation at the Levinstein House on September 12,2023, pp. 2, paras. 18-19).
Regarding the speed at which the driver was involved is driving at the time of the accidentIn her testimony in court in the main interrogation, she testified that she drove carefully and that she did not drive above the speed limit.
In its cross-examination, the defense presented the witness with a question that emerges from its wording, that in her interrogation with the police, she told the examiner that she was driving at a speed of 70-80 km/h, and she replied, "So probably 70 km/h", but this was not the case in the interrogation, as will be presented below:
"Q. How fast did you drive before the accident?
A. No, but I never drive over the speed limit, especially on this road, I don't drive over 70-80."
Our Seeing Eyes, that in her interrogation with the police, the witness did not say how fast she was driving at the time of the accident, but the witness repeated her version in court in the main interrogation, that she did not drive above the speed limit and certainly not on the road where the accident occurred.
It should be noted, that in her reply Achinoam said that she does not drive on this road above 70-80 km/h, and a review of the examiner's report (P/29) in section 4 of the examiner's report bearing the title "The road and its condition - a non-urban road" was recorded by the examiner as follows:
" .... The maximum speed limit is 80 km/h."
So even if the witness in her answer in cross-examination, replied that she was driving 70 km/h, an answer that was received while presenting an incorrect version to the witness, since in any case she was driving below the speed limit on the road where the accident occurred.
Anyway, the defense failed to prove with objective evidence or even in its questions in cross-examination of the driver involved, that the driver involved was driving at an unreasonable speed.