# If you're wealthy apparently the law does not apply to you **URL:** \ **Category:** The BBQ Pit\ **Created:** [November 7, 2010, 1:10am UTC](https://boards.straightdope.com/t/if-youre-wealthy-apparently-the-law-does-not-apply-to-you/559752 "2010-11-07T01:10:18Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [November 7, 2010, 1:10am UTC](https://boards.straightdope.com/t/if-youre-wealthy-apparently-the-law-does-not-apply-to-you/559752/1 "2010-11-07T01:10:18Z")
I am sure we can all think of cases where a rich person manages to get treated differently and rather well by the legal system where most of us would be screwed. This, however, seems to really take the cake. So much so I’d suggest the DA should be prosecuted for gross negligence in his duties. > [@](#): > > EAGLE, Colorado — A financial manager for wealthy clients will not face felony charges for a hit-and-run because it could jeopardize his job, prosecutors said Thursday. > > \ > > Milo suffered spinal cord injuries, bleeding from his brain and damage to his knee and scapula, according to court documents. Over the past six weeks he has suffered “disabling” spinal headaches and faces multiple surgeries for a herniated disc and plastic surgery to fix the scars he suffered in the accident. > > \ > > Milo was bicycling eastbound on Highway 6 just east of Miller Ranch Road, when Erzinger allegedly hit him with the black 2010 Mercedes Benz sedan he was driving. Erzinger fled the scene and was arrested later, police say. > > \ > > Erzinger drove all the way through Avon, the town’s roundabouts, under I-70 and stopped in the Pizza Hut parking lot where he called the Mercedes auto assistance service to report damage to his vehicle, and asked that his car be towed, records show. He did not ask for law enforcement assistance, according to court records. > > SOURCE: [404 Page Not Found | VailDaily.com](http://www.vaildaily.com/article/20101104/NEWS/101109939/1078&ParentProfile=1062) I have a damn good idea what would happen to me if I hit someone as above and fled the scene and it wouldn’t be getting my charges reduced to a misdemeanor because it might affect my job. Bet hey! If it is a good job then no worries right? Tired of there being two justice systems. Either let me go the next time I am accused of hitting someone or take the other guy to court and let it be decided like it is for most everyone else in this country. I don’t give a rat’s ass how rich you are or I am. ---
**Author:** ![fluiddruid](https://avatars.discourse-cdn.com/v4/letter/f/c2a13f/32.png) [@fluiddruid](https://boards.straightdope.com/u/fluiddruid)\ **Post date:** [November 7, 2010, 1:16am UTC](https://boards.straightdope.com/t/if-youre-wealthy-apparently-the-law-does-not-apply-to-you/559752/2 "2010-11-07T01:16:27Z")
Wow. That is pretty much bullshit. I’m pretty sure a felony charge would affect anyone’s ability to pay restitution as long as they have a fucking job. I can’t think of a single job I’ve had in my adult life where a felony conviction would have been okay. ---
**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\ **Post date:** [November 7, 2010, 1:19am UTC](https://boards.straightdope.com/t/if-youre-wealthy-apparently-the-law-does-not-apply-to-you/559752/3 "2010-11-07T01:19:34Z")
> [@fluiddruid](#): > > I can’t think of a single job I’ve had in my adult life where a felony conviction would have been okay. Weren’t you a prison snitch for a bit back in the eighties? ---
**Author:** ![carnivorousplant](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnivorousplant/32/3563_2.png) [@carnivorousplant](https://boards.straightdope.com/u/carnivorousplant)\ **Post date:** [November 7, 2010, 1:20am UTC](https://boards.straightdope.com/t/if-youre-wealthy-apparently-the-law-does-not-apply-to-you/559752/4 "2010-11-07T01:20:04Z")
Perhaps the judge was a fellow Mercedes owner. ---
**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\ **Post date:** [November 7, 2010, 1:34am UTC](https://boards.straightdope.com/t/if-youre-wealthy-apparently-the-law-does-not-apply-to-you/559752/5 "2010-11-07T01:34:29Z")
I’ll be waiting for the court case where Erzinger sues Milo for damage to his Mercedes. He’ll probably win too. ---
**Author:** ![Archergal](https://avatars.discourse-cdn.com/v4/letter/a/c89c15/32.png) [@Archergal](https://boards.straightdope.com/u/Archergal)\ **Post date:** [November 7, 2010, 1:53am UTC](https://boards.straightdope.com/t/if-youre-wealthy-apparently-the-law-does-not-apply-to-you/559752/6 "2010-11-07T01:53:25Z")
Jebus H. Keerist on a crutch, this crap really pisses me off. I starting riding a bike again for transportation last spring. My car is a P.O.S. and I’m trying to make it last as long as possible. I’ve ridden 2000 miles so far this year. As part of riding again, I’m reading bike news and bike blogs. You would be astonished as how freakin’ many people hit cyclists and Just. Drive. Away, sometimes dragging the bike under their car. And almost NOBODY gets charged for it. It scares the crap out of me sometimes, because I ride on city streets and roads. There’s not all that much cycle-specific infrastructure here. I use it when it’s available. And yes, I stop at red lights and generally stay as far to the right as possible/practical, but I take the lane when I have to. And I am freakin’ SICK of rich people getting passes like this. Jeezopete. ::fumes:: :mad: ---
**Author:** ![Rand\_Rover](https://avatars.discourse-cdn.com/v4/letter/r/db5fbb/32.png) [@Rand\_Rover](https://boards.straightdope.com/u/Rand_Rover)\ **Post date:** [November 7, 2010, 1:54am UTC](https://boards.straightdope.com/t/if-youre-wealthy-apparently-the-law-does-not-apply-to-you/559752/7 "2010-11-07T01:54:55Z")
I’m sure the following salient points will be dismissed and I’ll just be yelled at for supporting rich guys, but here goes anyway: 1. It is not clear from the article that the actual elements of the felony charge are present in the case. 2. Assuming the elements of the felony charge are present, it looks like the judge has a choice between (i) imposing the felony charge and seriously hurting the defendant’s ability to pay restitution and (ii) imposing a misdemeanor charge and not hurting the defendant’s ability to pay restitution. Choosing (ii) doesn’t seem all that horrible to me. 3. Of course the choice presented above would be present only in the case of wealthy defendants–broke defendants wouldn’t have the ability to pay restitution in any event. 4. I don’t think the victim is thinking this through all that well. When he gets that big-ass check (without having to sue a bankrupt defendant or attempt to levy against his assets), I’m fairly confident he’ll stop his whinging about the guy only being charged with a misdemeanor. ---
**Author:** ![carnivorousplant](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnivorousplant/32/3563_2.png) [@carnivorousplant](https://boards.straightdope.com/u/carnivorousplant)\ **Post date:** [November 7, 2010, 1:56am UTC](https://boards.straightdope.com/t/if-youre-wealthy-apparently-the-law-does-not-apply-to-you/559752/8 "2010-11-07T01:56:32Z")
> [@Rand\_Rover](#): > > 1. I don’t think the victim is thinking this through all that well. When he gets that big-ass check (without having to sue a bankrupt defendant or attempt to levy against his assets), I’m fairly confident he’ll stop his whinging about the guy only being charged with a misdemeanor. Let’s hope it works out that way. 🙂 I gotta wonder how much cash he has on hand, CDs, savings accounts, real estate and stuff like that, though. ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [November 7, 2010, 2:00am UTC](https://boards.straightdope.com/t/if-youre-wealthy-apparently-the-law-does-not-apply-to-you/559752/9 "2010-11-07T02:00:09Z")
Put his name on the Straight to the Wall Come the Revolution list. Take off **Rand’s** if we’re short of room. ---
**Author:** ![Rand\_Rover](https://avatars.discourse-cdn.com/v4/letter/r/db5fbb/32.png) [@Rand\_Rover](https://boards.straightdope.com/u/Rand_Rover)\ **Post date:** [November 7, 2010, 2:00am UTC](https://boards.straightdope.com/t/if-youre-wealthy-apparently-the-law-does-not-apply-to-you/559752/10 "2010-11-07T02:00:48Z")
Just thought of an issue not covered in the article or my post above–I’m not sure how the defendant’s insurance coverage will/should play into this. It seems like a standard liability policy would cover the restitution, meaning that the felony charge wouldn’t hurt his ability to pay. Maybe the amount of he restitution is in excess of the coverage. ---
**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\ **Post date:** [November 7, 2010, 2:04am UTC](https://boards.straightdope.com/t/if-youre-wealthy-apparently-the-law-does-not-apply-to-you/559752/11 "2010-11-07T02:04:32Z")
> [@Rand\_Rover](#): > > 1. It is not clear from the article that the actual elements of the felony charge are present in the case. [42-4-1601. Accidents involving death or personal injuries - duties.](http://www.deadlyroads.com/laws/colorado-hit-and-run-laws.shtml) (Emphasis mine.) > [@](#): > > (1) The driver of any vehicle directly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop such vehicle at the scene of such accident or as close to the scene as possible but shall immediately return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of section 42-4-1603 (1). > > \ > > (2) Any person who violates any provision of this section commits: > > \ > > **(b) A class 5 felony if the accident resulted in serious bodily injury to any person;** > > \ ---
**Author:** ![Rand\_Rover](https://avatars.discourse-cdn.com/v4/letter/r/db5fbb/32.png) [@Rand\_Rover](https://boards.straightdope.com/u/Rand_Rover)\ **Post date:** [November 7, 2010, 2:14am UTC](https://boards.straightdope.com/t/if-youre-wealthy-apparently-the-law-does-not-apply-to-you/559752/12 "2010-11-07T02:14:06Z")
> [@Johnny\_L.A](#): > > [42-4-1601. Accidents involving death or personal injuries - duties.](http://www.deadlyroads.com/laws/colorado-hit-and-run-laws.shtml) (Emphasis mine.) 1. Are you sure that’s a complete listing of all elements of the felony charge? 2. You are assuming that you know what it means for an accident to “result in” “serious bodily injury.” The law doesn’t work that way–you can’t read an article saying the dude had “spinal cord injuries” and then think “yep, the accident definitely resulted in serious bodily injury.” Well, you can if you want to, but it’s an idiotic thing to do. 3. Here’s what the DA says: > [@](#): > > “We had been talking with them about this misdemeanor disposition for a while now,” Hurlbert said. “The misdemeanor charges really are what he did.” I’m sure you’ll understand if I take the word of someone extremely familiar with the relevant law and facts over yours. But thanks for sharing. ---
**Author:** ![carnivorousplant](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnivorousplant/32/3563_2.png) [@carnivorousplant](https://boards.straightdope.com/u/carnivorousplant)\ **Post date:** [November 7, 2010, 2:16am UTC](https://boards.straightdope.com/t/if-youre-wealthy-apparently-the-law-does-not-apply-to-you/559752/13 "2010-11-07T02:16:28Z")
You’re an attorney. I can tell. 🙂 ---
**Author:** ![Thudlow\_Boink](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thudlow_boink/32/320_2.png) [@Thudlow\_Boink](https://boards.straightdope.com/u/Thudlow_Boink)\ **Post date:** [November 7, 2010, 2:16am UTC](https://boards.straightdope.com/t/if-youre-wealthy-apparently-the-law-does-not-apply-to-you/559752/14 "2010-11-07T02:16:45Z")
> [@Rand\_Rover](#): > > I’m sure the following salient points will be dismissed and I’ll just be yelled at for supporting rich guys, but here goes anyway: > > 1. It is not clear from the article that the actual elements of the felony charge are present in the case. > > 2. Assuming the elements of the felony charge are present, it looks like the judge has a choice between (i) imposing the felony charge and seriously hurting the defendant’s ability to pay restitution and (ii) imposing a misdemeanor charge and not hurting the defendant’s ability to pay restitution. Choosing (ii) doesn’t seem all that horrible to me. > > 3. Of course the choice presented above would be present only in the case of wealthy defendants–broke defendants wouldn’t have the ability to pay restitution in any event. > > 4. I don’t think the victim is thinking this through all that well. When he gets that big-ass check (without having to sue a bankrupt defendant or attempt to levy against his assets), I’m fairly confident he’ll stop his whinging about the guy only being charged with a misdemeanor. You might have a point there. If it’s a choice between maximizing the hitter’s punishment, and maximizing the restitution to the hittee, it makes some sense to choose the latter. Still, even if that’s the deal, I’d feel better about it if the victim himself weren’t “livid” about the decision. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [November 7, 2010, 2:17am UTC](https://boards.straightdope.com/t/if-youre-wealthy-apparently-the-law-does-not-apply-to-you/559752/15 "2010-11-07T02:17:16Z")
> [@Rand\_Rover](#): > > 1. It is not clear from the article that the actual elements of the felony charge are present in the case. > > 2. Assuming the elements of the felony charge are present, it looks like the judge has a choice between (i) imposing the felony charge and seriously hurting the defendant’s ability to pay restitution and (ii) imposing a misdemeanor charge and not hurting the defendant’s ability to pay restitution. Choosing (ii) doesn’t seem all that horrible to me. > > 3. Of course the choice presented above would be present only in the case of wealthy defendants–broke defendants wouldn’t have the ability to pay restitution in any event. > > 4. I don’t think the victim is thinking this through all that well. When he gets that big-ass check (without having to sue a bankrupt defendant or attempt to levy against his assets), I’m fairly confident he’ll stop his whinging about the guy only being charged with a misdemeanor. 1. Given the injuries described (as a matter of record no less) then the guy committed a felony according to Colorado law: _[“(b) A class 5 felony if the accident resulted in serious bodily injury to any person;”](http://www.deadlyroads.com/laws/colorado-hit-and-run-laws.shtml)_ Granted it needs to be proven the guy indeed hit the cyclist but that is why you go to court. Let the facts be presented and let the chips fall where they may. As presented the guy sure looks like he did it but again, let the court decide that as they are supposed to. 1. If the guy is rich I would presume he has the ability to pay restitution. That Mercedes alone is worth a lot. Doubtless he has insurance. Betting the guy has a nice house. Also betting he has money saved and investments. All of which can be gone after. 2. This basically says if you are rich you can buy your way out of jail. If you are poor tough luck. You are ok with that? 3. If I got run over I would want restitution and I’d also want justice. As mentioned I am sure there is plenty you can get from a guy like this if money is your only motivation and still get him busted. ETA: See I was beaten to the cite on the law. Answered the phone while typing and didn’t preview. Not trying to re-state what was already said. ---
**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\ **Post date:** [November 7, 2010, 2:20am UTC](https://boards.straightdope.com/t/if-youre-wealthy-apparently-the-law-does-not-apply-to-you/559752/16 "2010-11-07T02:20:38Z")
> [@Rand\_Rover](#): > > 1. Are you sure that’s a complete listing of all elements of the felony charge? What, you can’t click on a link? > [@](#): > > (a) “Injury” means physical pain, illness, or any impairment of physical or mental condition. > > (b) “Serious bodily injury” means injury that involves, either at the time of the actual injury or at a later time, a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree. From the article: > [@](#): > > Milo suffered spinal cord injuries, bleeding from his brain and damage to his knee and scapula, according to court documents. Over the past six weeks he has suffered “disabling” spinal headaches and faces multiple surgeries for a herniated disc and plastic surgery to fix the scars he suffered in the accident. I believe bleeding from the brain is generally considered ‘life threatening’, and spinal cord injuries represent a ‘substantial risk of protracted loss or impairment’. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [November 7, 2010, 2:22am UTC](https://boards.straightdope.com/t/if-youre-wealthy-apparently-the-law-does-not-apply-to-you/559752/17 "2010-11-07T02:22:46Z")
> [@Rand\_Rover](#): > > 1. You are assuming that you know what it means for an accident to “result in” “serious bodily injury.” The law doesn’t work that way–you can’t read an article saying the dude had “spinal cord injuries” and then think “yep, the accident definitely resulted in serious bodily injury.” Well, you can if you want to, but it’s an idiotic thing to do. From the article: _“Milo suffered spinal cord injuries, bleeding from his brain and damage to his knee and scapula, according to court documents. Over the past six weeks he has suffered “disabling” spinal headaches and faces multiple surgeries for a herniated disc and plastic surgery to fix the scars he suffered in the accident.”_ If that is not serious bodily harm then the term is meaningless. ETA: \<\\> 😉 ---
**Author:** ![Robot\_Arm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/robot_arm/32/18280_2.png) [@Robot\_Arm](https://boards.straightdope.com/u/Robot_Arm)\ **Post date:** [November 7, 2010, 2:44am UTC](https://boards.straightdope.com/t/if-youre-wealthy-apparently-the-law-does-not-apply-to-you/559752/18 "2010-11-07T02:44:27Z")
> [@Rand\_Rover](#): > > Just thought of an issue not covered in the article or my post above–I’m not sure how the defendant’s insurance coverage will/should play into this. It seems like a standard liability policy would cover the restitution, meaning that the felony charge wouldn’t hurt his ability to pay. Maybe the amount of he restitution is in excess of the coverage. Is restitution sufficient in the eyes of the law? If I rob a bank and get caught, can I just give the money back and walk away? > [@Whack-a-Mole](#): > > If the guy is rich I would presume he has the ability to pay restitution. That Mercedes alone is worth a lot. Not any more. [/clouseau] ---
**Author:** ![Rand\_Rover](https://avatars.discourse-cdn.com/v4/letter/r/db5fbb/32.png) [@Rand\_Rover](https://boards.straightdope.com/u/Rand_Rover)\ **Post date:** [November 7, 2010, 2:54am UTC](https://boards.straightdope.com/t/if-youre-wealthy-apparently-the-law-does-not-apply-to-you/559752/19 "2010-11-07T02:54:38Z")
Great. No need for all those bothersome courts and lawyers and what-not, we’ll just get Johnny L.A. and Whack-a-mole to (i) read an article describing the facts, (ii) read the relevant statute online, and (iii) fully and finally determine whether the defendant is guilty. ---
**Author:** ![Robot\_Arm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/robot_arm/32/18280_2.png) [@Robot\_Arm](https://boards.straightdope.com/u/Robot_Arm)\ **Post date:** [November 7, 2010, 3:05am UTC](https://boards.straightdope.com/t/if-youre-wealthy-apparently-the-law-does-not-apply-to-you/559752/20 "2010-11-07T03:05:24Z")
> [@Rand\_Rover](#): > > Great. No need for all those bothersome courts and lawyers and what-not, we’ll just get Johnny L.A. and Whack-a-mole to (i) read an article describing the facts, (ii) read the relevant statute online, and (iii) fully and finally determine whether the defendant is guilty. They’re not trying to prove the defendant is guilty, they’re just trying to prove that you’re full of shit. [Next page](https://boards.straightdope.com/t/if-youre-wealthy-apparently-the-law-does-not-apply-to-you/559752.md?page=2)