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Accident in Boise, Idaho

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Old 09-23-2017, 12:55 PM
  #76  
fast1
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Originally Posted by Slim987
My thoughts and prayers are with the injured and I hope for a full quick recovery for all of them.

With that said, i go to the local C&C with my son once in a while. In fact just a few weeks ago we were there and as we were exiting, there were kids egging people on at the corner with hand and arm gestures to light it up.

My son who is 13 looked at me and said, dad I think they want you to do something. I turned back and replied, “son, we already know how cool our car is. We don’t need to show them.” I have never felt the need to show off, especially recklessly to random strangers. I don’t get why people do this type of thing and I hope this unfortunate incident brings about real change.
Yep, people make those requests all the time. A couple years ago I drove my wife to a Lexus dealership to test drive an LS. Her sales associate was a young woman in her late twenties. When we exited the showroom and the SA saw my GT3, she asked if I would burn some rubber when I exited. My first reaction was to ask if she were out of her fing mind, given the conditions, but I just politely declined as I drove away.
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Old 09-23-2017, 01:28 PM
  #77  
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Originally Posted by Archimedes
His lawyer would most likely be able to keep his Alaska speeding history out of any trial, as it would be prejudicial. And the fact that he stayed at the scene and didn't flee eliminates any felony charges. Worst he'll likely get is misdemeanor reckless driving/endangerment, for which he'll get probation. Hell, we've had drunks around here kill kids walking down the sidewalk and then never do a day in jail.

This is primarily a civil matter.
I'm not a lawyer, and I'm just relying on my experience before a judge. When I was charged with speeding, the judge looked up my driving record immediately after hearing the testimony from the Trooper and me. It was only after seeing that I had no speeding convictions on my record, that he offered me PBJ. It would seem to me that if someone is looking for leniency, which is what this driver will be seeking, then his driving history is fair game.

As far as staying at the scene of the accident, was the Spyder in drivable condition? Moreover, even if it were there were numerous witnesses who would have certainly gotten his license plate. Not leaving the scene of the accident would have far more weight if the accident occurred on a deserted road without any witnesses, and the driver offered aid to the injured party.

Again, just a layman's perspective.
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Old 09-23-2017, 01:47 PM
  #78  
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Originally Posted by fast1
I'm not a lawyer, and I'm just relying on my experience before a judge. When I was charged with speeding, the judge looked up my driving record immediately after hearing the testimony from the Trooper and me. It was only after seeing that I had no speeding convictions on my record, that he offered me PBJ. It would seem to me that if someone is looking for leniency, which is what this driver will be seeking, then his driving history is fair game.

As far as staying at the scene of the accident, was the Spyder in drivable condition? Moreover, even if it were there were numerous witnesses who would have certainly gotten his license plate. Not leaving the scene of the accident would have far more weight if the accident occurred on a deserted road without any witnesses, and the driver offered aid to the injured party.

Again, just a layman's perspective.
Traffic court and criminal court are two entirely different animals.

As far as leaving the scene, it's a bright line in many states. If you leave and there are any injuries, it's a felony hit and run, automatically. If you stay, the only way you get a felony charge is if there are egregious circumstances. My guess is this is determined to be an accident caused by reckless driving. Probation, big fine, and off to civil court where he loses his shirt.
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Old 09-24-2017, 06:25 PM
  #79  
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Traffic court and criminal court are two entirely different animals.
I understand, but I don't see this case going to court since there is no doubt about guilt in this case. So it depends upon plea bargaining, and the District Attorney. With all the injured people, I would imagine that there would be hell to pay if the DA lets this guy off with what would be a slap on the wrists.
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Old 09-24-2017, 08:16 PM
  #80  
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Interesting to read everyone's take on what lies ahead for this guy legally.
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Old 09-24-2017, 08:24 PM
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Originally Posted by Suicide Jockey
Interesting to read everyone's take on what lies ahead for this guy legally.
What are your thoughts?
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Old 09-24-2017, 09:09 PM
  #82  
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^^^^ This is far removed from the area in which I practice so my insights are no better than those expressed by others. In this case, I'm an armchair Perry Mason just like everyone else
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Old 09-25-2017, 12:00 AM
  #83  
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I don't think even Perry Mason could get this guy off
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Old 09-25-2017, 12:08 AM
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During my career as an attorney and as a judge I learned long ago not to speculate about situations from the "peanut gallery." Matters can play out far differently in a courtroom than on YouTube. AFAIK none of the posters above has a firm handle on ALL the facts and the applicable law (& some of what's been posted is misinformed nonsense), so apart from mental masturbation, what's the point of most of this thread?
BTW, that's a rhetorical question.
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Old 09-25-2017, 01:01 AM
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Originally Posted by STLPCA
During my career as an attorney and as a judge I learned long ago not to speculate about situations from the "peanut gallery." Matters can play out far differently in a courtroom than on YouTube. AFAIK none of the posters above has a firm handle on ALL the facts and the applicable law (& some of what's been posted is misinformed nonsense), so apart from mental masturbation, what's the point of most of this thread?
BTW, that's a rhetorical question.
There is a video of the incident which I believe we all have watched. So this is a lot more than reading a report of what someone saw. If what I saw in the video is not reckless driving, than I would be hard pressed to define what reckless driving is. If this case actually goes to court, I would love to listen to the defense attorney's case.
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Old 09-25-2017, 01:04 AM
  #86  
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Severity of the injuries or death will impact charges. I went through this in CA when I was hit in 2005 and the DA in San Jose educated me on his options to charge. It was pretty depressing what people can get away with before they get serious charges.
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Old 09-25-2017, 09:44 AM
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STLPCA, My dad was in the courthouse twenty five years. If you're really a judge listening to mental masturbation is a daily exercise from both defendants and litigators. Two of his elected colleagues chose to retire early after years of watching the parade of losers cycle through every day. Regarding what people can "get away with", most would think three pages of felonies would get you locked up forever but in NY that too is ubiquitous and an every week phenomenon to witness. Often the police can tell you who is likely responsible for a crime by location, method and crime type and be quite correct, it's pathetic.
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Old 09-25-2017, 11:28 AM
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Originally Posted by Archimedes
Severity of the injuries or death will impact charges. I went through this in CA when I was hit in 2005 and the DA in San Jose educated me on his options to charge. It was pretty depressing what people can get away with before they get serious charges.
Many years ago I read an article by a State Trooper in which he wrote about an incident where he issued a warning instead of a speeding ticket. The driver of the car had his young wife and two young children in the car. So he decided to be lenient, since it was a three point violation and $150 fine. About 15 minutes later he came across a horrific accident with multiple fatalities. To his horror he saw that it was the same car that he encountered just a few moments ago. He wondered if the driver's behavior would have changed if he had issued a ticket instead of a warning.
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Old 09-25-2017, 12:29 PM
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fast1, Your story is why way back when DWI was sometimes dismissed, the officer at the scene would make sure there was a spare set of keys and someone to pick up the driver. Then said officer would toss the keys in the trunk and shut it to prevent exactly what you described.
At times, the driver was such an idiot they would get angry about the keys going in the trunk, sometimes you can't fix stupid.
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Old 09-25-2017, 08:32 PM
  #90  
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Originally Posted by fast1
I suspect that the driver has at least a $10M umbrella insurance coverage, and he will need every dollar of that coverage,
Well, that doesn't mean he'd be covered. Just like with life insurance and suicide, I'm sure there're exceptions in liability coverage. It wouldn't be insurance AND the US if it weren't any exceptions. If he's charged with reckless driving or more, he might not be covered in civil suits at all. But I believe insurance can't avoid paying all medical expenses of injured victims up to the policy limit. Nothing wrong revving your engine in a controlled fashion (no wheelspin, etc), just to hear the exhaust (most of us do that constantly). But even if you're a great driver (that guy was obviously not), doing hooligan crap can precisely cause that kind of accident, risking everything you've accomplish in your life up to that point. Just not worth it. That's why I'm perfectly happy with my Cayman GTS, even though I could still do crazy $hit with it. But just can't understand people wanting cars with more than twice the power of our lowly GTSs. You don't need it, even in a track.
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