You be the judge

[eight6]

I've been following a local news story for over a year now involving the death of a couple in a car accident.

The couple, who were returning from a 15th anniversary dinner at a local restaurant were making a left hand turn at a main intersection. At the same time, 2 cars are racing furiously towards the intersection. The couple's car is t-boned by one of these cars, killing both occupants instantly and ophaning their 8 year old daughter, who was with her grandparents. The driver of the car that was racing is seriously injured, but survives.

The two people racing pled guilty to the charges brought against them (Dangerous driving) and admitted to the speeds and the fact they were racing

Here's the twist: during the autopsy of the father, it is discovered he was over the legal alcohol limit at the time of the accident.

Slip on your robe and issue the appropriate sentence to the racers.

[Cadman68]

[?]
I'd have to step down and excused myself from the trial.

[Jefe]

I am assuming that the couple proceeded through the intersection lawfully, ie did not run a red light or stop sign. I am also assuming that the racers ran a red light or stop sign in order to hit the couple's car. The actions of the racers clearly led to the deaths of the couple. The fact that the father's blood alcohol level was over the legal limit does not appear to have been a cause of the accident. The alcohol may have dulled the father's reaction time, but so does old age, fatigue, etc. I think the racers are guilty of vehicular homicide.

[zill]

I can see it coming now. A civil claim by the injured racer against the estate of the deceased couple for pain and suffering damages!

[Stuck In The Eighties]

I agree with Jefe. As long as it isn't established that teh father's drinking caused him to drive erratically, he was still killed by a lethal weapon (an out-of-control automobile).
It's no different than it would be had he been unintentionally shot by a gun. His alcohol level didn't play a part in his demise.

________________________
My 80's internet station:http://www.lala.com/frontend/action/playlist?playlistToken=8489P112

[coop41]

Obviously not knowing all the facts, but I have always thought, regardless of circumstance, that if you turn in front of someone, you are at fault, regardless of their speed, running a red light, etc. So I say alcohol and speed are not a factor in the decision.
It wouldn't surprise me if Zill was right though. I'm sure it will have an unbelievable conclusion. Bottom line- they probably wouldn't be dead if the idiots weren't racing.

[hexicon]

Dammit, I had just typed up a really long answer employing my brilliant legal reasoning but Mr. Hex's cell just went off right next to my ear and I jumped and accidentally closed the window!

Re Zill's comment, in my state you can't sue someone if you were engaged in a felony at the time of the incident, though a lot of traffic offenses aren't felonies.

Re left hand turns, though I haven't looked at it I imagine that in most jurisdictions notwithstanding left turn yields statutes there are cases that permit tort liabiity and criminal responsibility if the oncoming driver is speeding, i.e., you see him halfway down the block and would have plenty of time to turn if he were traveling a reasonable speed.

We have a high-profile case here in WA where a young woman was horribly injured by a shelf that flew off a U-Haul full of furniture into her windshield. She had no chance to avoid the accident and witnesses say she wasn't driving erratically, but it turns out she was drunk. Tough case. She's suing driver and U-Haul and court ruled the jury gets to find out she'd been drinking but not how much.

[phillyidol]

I know it sucks but the dad might have had impaired judgment and made the turn (left at that) with the other cars too close. The others involved in the race should have the max amount of tickets given to them but drinking was involved with the victim. Case closed! Next trial: the case of the pleather pants! They are so tacky...they must be against the law!

<br><a href="http://www.pimpmyspace.org"><img src="http://m3.pimpmyspace.org/cursors/av/a0d8c6b9437e2598.gif" border="0" alt="myspace" /></a><br><a href="http://www.pimpmyspace.org/myspaceavatars.php">MySpace Avatars</a><br>

[hexicon]

[quote][i]Originally posted by phillyidol[/i]
<br>Next trial: the case of the pleather pants! They are so tacky...they must be against the law!


[/quote]

Hmmm, Philly, if you are in the jury pool I hope that during voir dire the lawyers question you very closely about your past pant-wearing habits . . . [;)]

[eight6]

[quote][i]Originally posted by Jefe[/i]
<br>I am assuming that the couple proceeded through the intersection lawfully, ie did not run a red light or stop sign. I am also assuming that the racers ran a red light or stop sign in order to hit the couple's car.
[/quote]

That's something that has never really been made clear. As it hasn't been mentioned I assumed they both had the green, or in other words, they were traveling towards each other on the same road.

[quote]

The actions of the racers clearly led to the deaths of the couple. The fact that the father's blood alcohol level was over the legal limit does not appear to have been a cause of the accident. The alcohol may have dulled the father's reaction time, but so does old age, fatigue, etc. I think the racers are guilty of vehicular homicide.

[/quote]

That's how I saw it as well, but not the judge in this case.


http://www.torontosun.com/News/TorontoA ... 7-sun.html


Appalling decision in that the judge concerns himself more with how the 2 clowns who were racing will deal with this traumatic experience. Let's not worry about the 8 year old girl, she'll get along just fine.

Particularly disturbing is [i]""How can any sentence imposed by any court ever repair the unspeakable pain, loss, devastation and chaos suffered by those who are left to deal with the aftermath?" Gorewich said, calling this one of the most difficult cases in his 40-year legal career.[/i]

Good point. So let's not impose any further pain by making those responsible pay for the stupidity and arrogance of their thoughtless actions.

Pathetic.

[tiger_mn]

I wish I could say "Thats why I don't live in Khanada."

But we have our share of idiots on the bench here in the States.

But not here in God's Country, where it's still illegal to cruise for anonymous gay sex:

http://www.startribune.com/587/story/1464769.html

[cookie]

I am not convinced that they received the correct sentence but I was not at the trial. Remember that the accused has to be found guilty "beyond a reasonable doubt". The "victim" was almost twice over the legal limit. Tough call IMO.

On the bright side the laws were changed this week for streetracing and dangerous driving. Anyone caught doing over 50 km/h (thats 30 mph for our southern friends) automatically has their car seized for 7 days and loses their license for 7 days plus an autmatic court date with a minimum fine of $2000. They have been impounded vehicles with a vengeance this week.

[Jefe]

eight 6, you are right. Pathetic is the only word to describe the sentence. Two years less a day! Most of that under house arrest? Only to leave the house for work or school? What kind of punishment is that? Or is this his rehabilitation? It doesn't look like either to me.[xx(]

[eight6]

[quote][i]Originally posted by cookie[/i]

On the bright side the laws were changed this week for streetracing and dangerous driving. Anyone caught doing over 50 km/h (thats 30 mph for our southern friends) automatically has their car seized for 7 days and loses their license for 7 days plus an autmatic court date with a minimum fine of $2000. They have been impounded vehicles with a vengeance this week.
[/quote]


50 k over you say. In a couple of weeks there won't be any cars on the 401, they'll all be in the pound.

[eight6]

[quote][i]Originally posted by Jefe[/i]
<br>eight 6, you are right. Pathetic is the only word to describe the sentence. Two years less a day! Most of that under house arrest? Only to leave the house for work or school? What kind of punishment is that? Or is this his rehabilitation? It doesn't look like either to me.[xx(]
[/quote]

What really irks me is listening to panel discussions on this type of topic. There's always the one sympathetic person explaining that the sentence is really self imposed, as the guilty party will have to live with what he/she has done for the rest of their life. Most of these assholes are too stupid to know better or worse, don't give a shit in the first place...that's why they're so willing to expose the rest of us to unnecessary danger for the sake of a cheap thrill. I'd be willing to bet most feel little or no regret at all.

We had a very similar case a while back where 2 assholes t-boned a cab while racing. Again, the cab driver was killed instantly.The cab driver was 3 weeks away from obtaining citizenship and being able to have his family join him from their homeland. Both asswipes were from rich families, and could afford the necessary legal prowess to get them a similar house arrest arrangement. Meanwhile, the family of the cab driver got nothing but a notification of their loved ones death.

Nice system.