Girls kills bicycilists and gets an improper lane change charge

[CKent]

Actually it can be spelled mispell or misspell, both are correct.

This is why I don't ride bikes / motorbikes, btw, or drive more than I have to for that matter.

 

[Whisper]

Originally posted by: Injury

Originally posted by: FallenHero
Some of you need to learn your laws. She can't be charged with manslaughter because it does not fit the elements of the crime.

"A person who unintentionally kills and individual without lawful justification commits involuntary manslaughter if his acts weather lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly, except in cases in which the cause of the death consists of the driving of a motor vehicle or operation a snowmobile, all-terrain vehicle, or watercraft, in which case the person commits reckless homicide."

"In cases involving reckless himicide, being under the influence of alcholor or any other drug or drugs at the time of the alleged violation shall be presumed to be evidence of a reckless act unless disproved by evidence to the contrary."

Basically, they can't charge her with reckless homicide because it simply doesn't fit the elements. She wasn't under the influence of drugs which is one of the elements needed.

Besides, how would putting her in prison for a minimum of 6 years solve anything?

Laff.

Nowhere in the line about "reckless himicide" does it say a person HAS to be under the influence. That is interpreted as "If commit the act and they are under the influence it's evidence enough". This is not the only way they can charge you with it.

Hope you kept your receipt on the law book you got that one from. If you're going to quote bullsh!t laws you damn well better back it up with the link you got it from.

The bottom line is that she had connections and thus was charged with a lesser crime. That's all there is to it. It's not because she doesn't qualify for them. I hope the parents can and do sue the sh!t out of the court system. I don't care who the jury is comprised of, they'll win.

The poster's already said that while he isn't a lawyer, he is a police officer in the state of IL, and so that's where his knowledge of the law and its application comes from.

 

[imported_Imp]

This is a piss-off indeed. Once again, a retard gets off cause other retards are turning a blind eye. Funny how the drivers that kill are always the once with ten prior charges for something dangerous.

 

[mchammer]

Originally posted by: NFS4
Money rules in this country...always has.

Sorry to say it, but **IF** you guys were in this situation (and I do mean IF you were this stupid to have cause the accident and killed someone -- not likely, but just consider it) and you had the money and the means, I'm sure that you would use your money/power/influence to get out of going to jail.

I would commit seppuku.

 

[PAB]

Originally posted by: Scarpozzi
The prosecutor is simply GUTLESS.

Let civil recording handle it. The case is so egregous, even a aphex can make a wrongful death claim and make it stick.

 

[Tiamat]

sad... true justice applies only to those who can't afford a good lawyer :roll:

 

[wasssup]

What the fvck!?!?!

I'm sorry, but this guy probably worked his ass off and was just about to start enjoying life, gets it ripped away from him by some bitch and she gets away with it?

At least take away her driving privileges for the next 20 days and make her do community service. What the hell.

 

[Aharami]

so sad that our law can be bought like this.

poor guy...he didnt get justice

 

[sygyzy]

Originally posted by: FallenHero
Some of you need to learn your laws. She can't be charged with manslaughter because it does not fit the elements of the crime.

"A person who unintentionally kills and individual without lawful justification commits involuntary manslaughter if his acts weather lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly, except in cases in which the cause of the death consists of the driving of a motor vehicle or operation a snowmobile, all-terrain vehicle, or watercraft, in which case the person commits reckless homicide."

"In cases involving reckless himicide, being under the influence of alcholor or any other drug or drugs at the time of the alleged violation shall be presumed to be evidence of a reckless act unless disproved by evidence to the contrary."

Basically, they can't charge her with reckless homicide because it simply doesn't fit the elements. She wasn't under the influence of drugs which is one of the elements needed.

Besides, how would putting her in prison for a minimum of 6 years solve anything?

What kind of argument is the 6 years thing? How would putting ANYONE in jail for any amount of time solve anything right? How about it'd physically prevent them from committing another crime?

 

[NFS4]

Originally posted by: mchammer

Originally posted by: NFS4
Money rules in this country...always has.

Sorry to say it, but **IF** you guys were in this situation (and I do mean IF you were this stupid to have cause the accident and killed someone -- not likely, but just consider it) and you had the money and the means, I'm sure that you would use your money/power/influence to get out of going to jail.

I would commit seppuku.

http://en.wikipedia.org/wiki/Seppuku

:Q:Q Barfs

 

[Sukhoi]

So in the state of Illinois as long as you are under the speed limit you can kill someone while you're doing absolutely anything in your car as long as you aren't drunk or high?

 

[Stumps]

sounds like the US needs one of Australia's motor vehicle laws..."Driving in a manner dangerous to the public occasioning death" that law gets automatically applied to the person at fault in any motor vehicle accident in which a fatality occurs, no matter what the circumstances may be...it carries an automatic 10 to 25 years in prison if found quilty....most people (at least in NSW) are always found quilty as there is very little one can do to get out of it...it is one of the few laws we have which was properly written(it was recently reviewed due to the recent increase in Provisonal driver related deaths on NSW roads) to prevent people from finding loop holes and getting away with killing somebody.

Just a pity the rest of our laws aren't as solid as this one....it's actually easier (as sad as that maybe) to get off of a murder 1 or rape charge than the above charge.

 

[s0ssos]

Originally posted by: Mill

Originally posted by: s0ssos

Originally posted by: FallenHero
Some of you need to learn your laws. She can't be charged with manslaughter because it does not fit the elements of the crime.

"A person who unintentionally kills and individual without lawful justification commits involuntary manslaughter if his acts weather lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly, except in cases in which the cause of the death consists of the driving of a motor vehicle or operation a snowmobile, all-terrain vehicle, or watercraft, in which case the person commits reckless homicide."

"In cases involving reckless himicide, being under the influence of alcholor or any other drug or drugs at the time of the alleged violation shall be presumed to be evidence of a reckless act unless disproved by evidence to the contrary."

Basically, they can't charge her with reckless homicide because it simply doesn't fit the elements. She wasn't under the influence of drugs which is one of the elements needed.

Besides, how would putting her in prison for a minimum of 6 years solve anything?

where'd you get your quote from? it's obviously not from a legal document, cause there are so many mispellings and it doesn't even make sense.

It makes perfect sense if you understand the law. It looks as if he copied it from: http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=093-0178 or a textbook/book. It is possible he was typing really fast and made a mistake.

Are you the grammar and spelling police? If you are, you misspelled misspellings. Asshat.

and that'd be where many errors occur-in incorrect copying.
why wouldn't he just copy and paste? why would he write it in his own words? would that make it lawful?
and i'm not the grammar and spelling police, but i do know laws don't make those kinds of mistakes; thus, his quote isn't from a law.

but it looks like you don't understand where grammar and spelling do matter