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HOLY $H!T

Discussion in 'Members' Lounge' started by ahedau, Sep 1, 2004.

  1. ahedau

    ahedau Senior Member

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    OUCH!

    This was all people at work (an insurance company) were talking about today.

    Happened close by.
     
  2. NissanNiNjA2nd

    NissanNiNjA2nd Senior Member

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    We have covered the fact of the wreck... but now they want him released after killing their son????? must be a tight family...
     
  3. jeffie7

    jeffie7 Wrong Whole! VIP

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    Did you read the whole story?

    Sounds like a hard call ..... bottom line he was drinking and driving but should be be charged for his friends death? was HE at fault? I bet if you drove with your head out the window a cop would pull you over....

    hard call
     
  4. pissedoffsol

    pissedoffsol RETIRED

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    it shouldn't have drove. end of story.

    book 'em.
     
  5. 92civicb18b1

    92civicb18b1 The Trisexual

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  6. TurboMirage

    TurboMirage YEEAAAHHH VIP

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    404 file not found.
     
  7. 94RedSiGal

    94RedSiGal Senior Member

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    Not a hard call at all. That driver was way too drunk to be on the roads. Secondly, a driver is responsible for his passengers' actions. Example: the driver of the car will get the ticket and penalties for his passengers not wearing their seatbelts.
     
  8. Seany-izzle

    Seany-izzle New Member

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    i agree with martine, if you are driving you are responsible for everything. why is it the driver gets a fine if one of the passengers has an open beer can?? (ive seen/heard it happen) if the driver gets into an accident and the passengers die, the driver is at fault, the driver gets the fines, suspensions, jail time....
     
  9. 94RedSiGal

    94RedSiGal Senior Member

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    BTW... yes on that one... AND the driver of the car would be ticketed.

    I thought that you wanted to go into law enforcement or something like that. :huh:
     
  10. chestercheeto48

    chestercheeto48 Senior Member VIP

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    94RedSiGal - In WI the passenger gets his own ticket for open intox, seatbelt, and other tickets. I still think it is the drivers fault here though
     
  11. jeffie7

    jeffie7 Wrong Whole! VIP

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    Same for maryland the PASSANGER gets the ticket AND some counties you can get 1-2 points!!!!!!

    I didnt say they should toss the whole thing out he should be put in jail becuase of DWI but his friend WOULD NOT HAVE DIED if he didnt STICK HIS OWN HEAD OUT THE WINDOW.

    Once again try driving around with your head hanging out the window and see if you don't get pulled over....

    This would fall under involuntary vehicular manslaughter.

    everything about this case is bad both guys were in the wrong but when it comes down to it if they fallow the law 100% YES he will get charged with DWI and involuntary vehicular manslaughter.

    However I think it's a hard to call case you have to factor in both guys being drunk and both guys making wrong choices

    I think the involuntary vehicular manslaughter will be droped due to the judge being human and maybe thinking wow this guy really fucked up but in doing so he did lose his best friend and has to live with that for the rest of his life. then you have to factor in is it worth making the state pay for a guy to sit in a jail cell for doing something he didnt mean to do in the first place? is he going to cause problems again? maybe with drinking and driving so why toss him in jail? just take away his DL and make him pay fines out the ass.....

    we will see in time



    Yes I do. My job would be to take people like that guy into a jail cell, write up a report and then go home. NOT judge him. Later on he will go to a court house where he can pled his side of the case and then the JUDGE will tell him what his fate is, depending on how the judge see the case... once again I think with the judge being human he will end up dropping the manslaughter charges. once again that would not be my job.
    I would take down the info and then a judge later uses that info to figure out what to do about the guy in question.

    Edit P.S I doubt this guy will ever be able to drink again after that night.... I bet the thought of beer makes him want to puke due to killing his best friend.
     
  12. ahedau

    ahedau Senior Member

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    If you knowingly get into a vehicle with an intoxicated driver, I can and will place a percantage of negligence on YOU for assuming the risk of riding with an impaired driver. I could even deny your claim. In wrecks with less severe injuries, it happens in all states, all the time, by all insurance companies. I've done it before.

    In this case, "assumption of risk" is a viable defense. Would an insurance company be stupid enough to employ it and deny the estate's claim against the driver? uuuuhhhhh NO.

    However, if the deceased family were vindictive or if I was defending the criminal charge of 1st degree manslaughter, you can bet that would be my primary defense.

    .
     
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