Driver and passenger charged with death of biker.. : V-Twin Forum: Harley Davidson Forums

Mr Cujo · 06-28-2009, 07:45 PM

Yet another tragic loss. Prayers to the family.

In the silver lining, charges have been filed against the driver AND passenger.

Let's hope they stick....

CLICKY>>>>

shovelmike · 06-28-2009, 07:55 PM

Thanks for the link, It's about time negligent drivers were properly prosecuted for such action, it won't bring the victim back but may cause drivers to use more caution.

Faast Ed · 06-28-2009, 08:01 PM

The husbands charge will likely be dropped. I just can't see a prosecutor winning a case that would nail a passenger for arguing with the driver. All's he has to say was " I told the bioch to pull over".

I have a feelin' that the driver will pay dearly though.

Sure am glad to see the cops getting tuff on these things!

Mr Cujo · 06-28-2009, 09:50 PM

Ed,

I think you'll probably end up being right....Although I think the felony charge will follow him forever...

If he stays free, there's a chance the vic's family will have someone to sue in civil court too..

OldMsocko · 06-29-2009, 06:17 AM

Life is a very precious thing. It is too bad that in the present time it is treated as disposiable.

ponderopa · 06-29-2009, 08:45 AM

R.I.P. We can be aware and observant but we are still vulnerable.

Y'all be safe out there!!

J ROD · 06-29-2009, 06:52 PM

Quote:

Originally Posted by Faast Ed

The husbands charge will likely be dropped. I just can't see a prosecutor winning a case that would nail a passenger for arguing with the driver. All's he has to say was " I told the bioch to pull over".

I have a feelin' that the driver will pay dearly though.

Sure am glad to see the cops getting tuff on these things!

They charged him with "with homicide by negligent driving-party to a crime" Accomplice??? So it's not an open and shut case.

Prayers for Family and friends

Faast Ed · 06-29-2009, 07:28 PM

Quote:

Originally Posted by J ROD

They charged him with "with homicide by negligent driving-party to a crime" Accomplice??? So it's not an open and shut case.

Prayers for Family and friends

No, not open and shut,..... but it would be a precedent at the least. Very likely no previous cases to relate to. It would take a pretty crappy lawyer to lose that one. The driver had control of the vehicle. Nothing stopped her from pulling over to continue her bitchin'. I can't see them being able to prove that he made her keep driving while arguing. SHE was driving distracted. He was merely a passenger. You don't even have to have a license to be a passenger.

what if she had kids screaming in the back seat distracting her. They gonna call the kids accomplices?

.

J ROD · 07-01-2009, 04:11 AM

Quote:

Originally Posted by Faast Ed

No, not open and shut,..... but it would be a precedent at the least. Very likely no previous cases to relate to. It would take a pretty crappy lawyer to lose that one. The driver had control of the vehicle. Nothing stopped her from pulling over to continue her bitchin'. I can't see them being able to prove that he made her keep driving while arguing. SHE was driving distracted. He was merely a passenger. You don't even have to have a license to be a passenger.

what if she had kids screaming in the back seat distracting her. They gonna call the kids accomplices?

.

Kids as accomplishes no.......someone over the age of 18 yes. As they should have the ability and reason to know what they are doing can cause harm.

Faast Ed · 07-01-2009, 07:23 AM

I would make a large wager that the passenger will NOT be convicted.

Mr Cujo · 07-01-2009, 07:44 AM

I'll take a piece of that action as well.

As much as I'd like to see him tried and convicted..I think that it'll get plead down to some minor hand-slap.

Faast Ed · 07-01-2009, 08:19 AM

Yeah, but they will be punished in other ways.

First the divorce lawyers get their cut, then the defense lawyers, then the leftover crumbs will go to the victims families.

eprenzlow · 07-02-2009, 12:41 PM

This happened about a mile from my office.

Local intel says that the reason he got charged is that she says that he made some kind of move to grab the steering wheel from her and she reacted losing control of the vehicle while they were having their little freeway bitch-fest.

We were driving on that highway and had to detour because of the massive traffic jam on both the freeway and the main arterial alternate road, then found out later that night about the crash.

A truly sad story.

Mr Cujo · 07-02-2009, 10:14 PM

Sad indeed...

Faast Ed · 07-03-2009, 12:16 AM

Quote:

Originally Posted by eprenzlow

This happened about a mile from my office.

Local intel says that the reason he got charged is that she says that he made some kind of move to grab the steering wheel from her and she reacted losing control of the vehicle while they were having their little freeway bitch-fest.

We were driving on that highway and had to detour because of the massive traffic jam on both the freeway and the main arterial alternate road, then found out later that night about the crash.

A truly sad story.

That truly puts it in a whole different perspective.
Odds of him getting convicted are much higher now.

He might be in more trouble that the actual driver.