A judge denied a lighter sentence for the driver who killed three people in a 2009 accident on the Stone Mountain Freeway.
For the last 15 months, James Miles has been able to leave the DeKalb County Jail and go to work. He has nine more months to go.
On Thursday, Miles asked a DeKalb County judge to allow him to spend the next nine months at home rather than jail, saying it was a hardship for his wife to pick him up each morning and drop him off each night.
"His wife has had recent back injury. With her having problems away from where they live to the jail to pick him up and take him to work and bring him back to the jail and do all of the family things, it's a burden on her," Miles' attorney said.
In 2009, Miles caused a horrific accident that killed three people. Several others were seriously hurt. All were Southern Company workers riding in a commuter van.
Witnesses told police that Miles had been driving erratically, swerving in and out of traffic before clipping the rear bumper of the van and sending it tumbling down Stone Mountain Freeway.
Miles talked with FOX 5 after his arrest in 2009.
"My heart goes out. I wish the people were not having to go through, including myself, what they are having to go through," Miles said.
The prosecutor reminded the judge of that on Thursday and of all that everyone has gone through because of Miles. The prosecutor opposed a reduction in Miles' sentence.
"The folks that lost their lives are never going to get to see their family again. They are not able to do work release at the jail. They are not able to go to church. They are not able to do any of those things anymore," said the prosecutor.
In the end the judge denied Miles' request. Judge Johnny Panos said he thought he was lenient when first sentencing Miles and allowing work release in the first place -- something that some of the survivors opposed.
"At the end I felt somewhat unresolved feelings myself about whether the right thing was done or not. And I finally came to the conclusion that it wasn't the best thing because I heard from the victims," Miles said.
Miles will continue on work release for nine more months, then he will get to go home on probation for three years.