DUI does not matter. It can also occur with reckless driving. Leaving a scene probably helps bring the charge.
Chris Lillig
Chris Lillig
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murderer and weapon found!
- Thread starter jmb
- Start date
"have i ever killed anyone?"
I'm glad you haven't.
But there is almost certainly a little luck involved in that fact. Most every driver has accidentally run a red light, accidentally turned the wrong way down a one way, accidentally done something that could have seriously injured or killed someone.
I would be stunned if you haven't too. By your logic, seems like that makes you an attempted murderer.
I'm glad you haven't.
But there is almost certainly a little luck involved in that fact. Most every driver has accidentally run a red light, accidentally turned the wrong way down a one way, accidentally done something that could have seriously injured or killed someone.
I would be stunned if you haven't too. By your logic, seems like that makes you an attempted murderer.
This case in Ames is similar to the one we are dealing with. Should give us an idea of what kind of charges are likely:
News Service: Iowa State University
News Service: Iowa State University
there was reasonable reason to believe he was drinking when the accident occurred though in this case, when you combine his BAC with his prior history.
wasnt she intoxicated as well? actually, if she hadnt been, she probably couldve gotten off in court. The victim was coming home from a party, walking along the shoulder (which very easily couldve been stumbling onto the roadway), on mortenson rd, which had no sidewalks at the time and was very poorly lit. Actually, its lucky more people werent hit through that area.. you never could see someone walking\biking along that road at night until you were right up on them.
Vehicular Homicide can be charged in only two instances:
if the person was impaired (doesn't necessarily have to be above the limit, but must be impaired)
Or if the person was doing something very reckless (think street racing). Just a regular, sober hit and run wouldn't rise to that level.
Frankly, unless there is some very good evidence that he was drinking before this happened, Vehicular homicide is out of the question, IMO. Even charging him with it is pretty reckless on behalf of a prosecutor because it would such a tough case to prove, and if you don't win, he basically gets off scott-free.
My guess is that there will be as many charges as they can reasonably throw at him thrown at him, but one of those won't be vehicular homicide.
I started this thread on the side of those saying vehicular homicide charges were not likely. However, having done some homework and read the couple of cases linked, I'm almost inclined to believe that the initial charges are likely to include vehicular homicide (even if that is later reduced to a lesser charge in exchange for a guilty plea)
Vehicular homicide in IA requires either DUI or reckless driving (ie. speeding) or eluding the police.
The reports indicate he was speeding which will be viewed as reckless. Fleeing the scene and not turning himself in will not help his case.
I think they will charge him with vehicular homicide but they may charge him with less in exchange for a guilty plea.
The reports indicate he was speeding which will be viewed as reckless. Fleeing the scene and not turning himself in will not help his case.
I think they will charge him with vehicular homicide but they may charge him with less in exchange for a guilty plea.
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I don't have a horse in this race, but the use of "Nazi" here (and elsewhere) is ridiculous. People are far too free with this rhetoric just because they want to villianize someone without providing any real evidence or a sound argument. It is rarely used (unless you're actually talking about Nazis) to do anything other than make an argument more volatile without providing anything tangible to it.
Also implying that all car drivers are murderers is equally offensive and ridiculous.
Please, everyone, dial back the rhetoric in this thread.
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Angie, the point here is you are mixing hyperbole with the actual use of Nazi. You are making the arguement here less honest by swithching my position which is: Mark was murdered. I have never once said that all motorists are killers...and it is an unfair representation of my position.
As I mentioned in my previous post, I don't have an opinion on this argument (although the law's definition of murder differs from yours here). That isn't what my argument is about. This is a request formally to everyone to stop trying to just be argumentative with everyone else simply for the sake of being argumentative. There is a way to argue without calling names.
High traffic for bikes? Maybe so, but I've driven that road a ton, and only rarely see them, except near the bike path which is on the west side of Cumming. It wouldn't be the road that I would choose to ride on, because there are lots of little blind spots and small hills. Once again, I'm not casting blame on the victim (or absolving the perpetrator), but just saying that I can easily see how an accident would happen there.
CycloneErik
Well-Known Member
OK, so I let this thread die, but Angie brought it back up so here's the deal. I may seem like a "militant, nazi, eco-terrorist on a soapbox" but that's AOK with me, because I've done what I set out to do. What is that, you ask? Anytime the opportunity presents itself, my goal will always be to be to raise awareness of the need for caution when you are driving a car and come acorss a cyclist on ANY road. Yup, cyclists often do not follow the rules as they should when riding. And just to make it clear, I go after those bastards as well. I am just sick and freaking tired of my friends and acquaintances getting seriously injured and killed because people in this great state don't take cyclist safety seriously. Point made.
I take my responsibility VERY seriously as a driver and as a cyclist. I have raced, ridden and run all over the world, and the place that I feel least safe riding is right here in my home town. I will do what I can to change that. I hate that I feel so "exposed" and unsafe here, because otherwise I love living in Iowa. Again, point made.
Go Clones!
