HOLY $H!T
- Thread starter ahedau
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NissanNiNjA2nd
Senior Member
We have covered the fact of the wreck... but now they want him released after killing their son????? must be a tight family...
92civicb18b1
The Trisexual
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94RedSiGal
Senior Member
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.
Seany-izzle
Member
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....
94RedSiGal
Senior Member
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.
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
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.
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.
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.
.
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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