SAN DIEGO -- Several local advocates are rallying behind a pedicab driver charged in the death of a tourist, 10News reported.

Sukru Safa Cinar, 23, is in jail and accused of swerving his pedicab so severely that Sharon Miller fell out and hit her head.

Miller is now brain dead as a result of the incident.

Sally Smith of the Committee for Safety of Foreign Exchange Students supports the driver.

"Instead of coming to America and experiencing the best that we have, a young man is sitting in jail through no fault of his own," said Smith.

Cinar, like many pedicab drivers is in the U.S. for the summer on a J-1 visa, which allows him to live in the U.S. to learn English and explore the American culture.

Smith said pedicab companies are taking advantage of these students.

"They don't know how things work. They believe the exchange agency and the pedicab companies when they're told they have to go down to the city to operate as a sole proprietor," said Smith.

10News obtained Cinar's permit and it showed he was a sole proprietor and owner.

Immigration attorney Lilia Velasquez said it should not have been issued.

"It doesn't make sense. They are coming under the sponsorship of the J program and they get compensation from that program. They are not self-employed; they are not sole business owners," said Velasquez.

Smith calls it the pedicab companies' sneaky way to shield themselves from liability should an accident happen.

"They are supposed to be hired as employees," said Smith.

10News went to the pedicab business where Cinar worked, and while the owners would not talk on camera one of their drivers did.

"Anybody has to get the same thing," driver Mehmit Kilic said.

"Even if you're American or if you have the J-1 visa?" asked 10News' Charisse Yu.

"It's nothing about the visa; you have to have this (permit)," said Kilic.

Kilic said he is happy with his job and does not feel like he is being taken advantage of.

10News contacted the city to find out why the permit was issued and found that a Social Security number is a requirement, but the city has no ability to validate whether the information given is accurate.

Cinar's fellow drivers said the victim was standing on the pedicab when she fell. They also said no one should make any judgments until a full investigation is complete.

Cinar is expected to appear in court Thursday to be arraigned.

Pedicab owners said they carry their own liability insurance to cover accidents and that they are following rules.