Back atcha.
I was certainly wrong to suggest that no such charge had ever been brought. But the charge was disposed of by the judge’s finding that, as a matter of law, the charge that was brought was not sustainable – in other words, the judge found that under Maryland law the charge should not have been brought.
I’m not so sure that substantially weakens my original point.
One of us is capable of recognizing a full blown hijack.
To continue this hijack regarding Bricker, please visit this thread started in The Pit.
My apologies to the O.P.'er for the derailing. It is an important and worthwhile discussion, heated as it may be, and the side-sniping can- and now does- exist elsewhere.
Cartooniverse
I’m sure the next time his wife dies he’ll chose his words more carefully so he doesn’t offend random people on the Internet.
There are too many things we don’t know about this case to go declaring it some kind of outrage.
For instance,
- He may have been asked to volunteer a blood or breathalizer test, and agreed. In such a case the police would have no need to take him into custody for for testing. The fact that the story didn’t have a reference to testing is a stronger indicator that the reporters didn’t think to ask the question, than it is that the subject didn’t arise between the driver and the police. Because the story would have included a sentence like, “He was released without undergoing a blood (or breath or sobriety) test” if they know that for a fact.
- We don’t know how the incident ended. Was he allowed to get back into his Navigator and drive away? Did the police have it towed to be examined for mechanical problems or some other kind of tests?
This is definitely a story that smells kind of bad. Buy from what I’ve read (and haven’t, in a sense), it is possibly the smell of poor and incomplete reporting.
I hope it doesn’t turn out to be one of those, “Rich white guy runs over poor mom, pays ticket” stories, and it wouldn’t terribly surprize me if it did, but they really need to do more homework.
I don’t think it does either. Rather the opposite.
I’m thinking that some readers may be unclear on the particular significance that being acquitted as a matter of law carries in this discussion.
“The light of my life is gone” practically==“Why did this happen to me,” IMO. Both are appropriate, AFAICT.
-FrL-
If the car were moving forward at two miles an hour, it would have traversed 10 feet in about 3 seconds. Sitting at your computer counting out 3 seconds may make it seem like a long time, but when you’re not expecting your car to start moving, when you’re thinking about alot of other physical actions you are engaged in at the time, when you aren’t exactly sure why your car has started moving and need to figure it out in order to get it to stop, I’m guessing 3 seconds goes by in a heartbeat.
If the car were moving forward at three miles an hour, you’d be down to (I think–estimating here) less than 2 seconds reaction time.
-FrL-
A thousand pardons if this has been posted already and I overlooked it. As the accident took place in Minnesota the the relevant statutes say
Section 609.21 Criminal vehicular homicide and injury.
Subdivision 1. Criminal vehicular homicide. A person is guilty of criminal vehicular homicide resulting in death and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the person causes the death of a human being not constituting murder
or manslaughter as a result of operating a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;
(5) in a negligent manner while knowingly under the influence of a hazardous substance;
(6) in a negligent manner while any amount of a controlled substance listed in schedule I or II, other than marijuana or tetrahydrocannabinols, is present in the person's body; or
(7) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6.
Subd. 2. Resulting in great bodily harm. A person is guilty of criminal vehicular operation resulting in great bodily harm and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person causes great bodily harm to another, not
constituting attempted murder or assault, as a result of operating a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;
(5) in a negligent manner while knowingly under the influence of a hazardous substance;
(6) in a negligent manner while any amount of a controlled substance listed in schedule I or II, other than marijuana or tetrahydrocannabinols, is present in the person's body; or
(7) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6.
Subd. 2a. Resulting in substantial bodily harm. A person is guilty of criminal vehicular operation resulting in substantial bodily harm and may be sentenced to imprisonment of not more than three years or to payment of a fine of not more
than $10,000, or both, if the person causes substantial bodily harm to another, as a result of operating a motor vehicle;
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;
(5) in a negligent manner while knowingly under the influence of a hazardous substance;
(6) in a negligent manner while any amount of a controlled substance listed in schedule I or II, other than marijuana or tetrahydrocannabinols, is present in the person's body; or
(7) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6.
Subd. 2b. Resulting in bodily harm. A person is guilty of criminal vehicular operation resulting in bodily harm and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if the person causes bodily harm to another, as a result of operating a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;
(5) in a negligent manner while knowingly under the influence of a hazardous substance;
(6) in a negligent manner while any amount of a controlled substance listed in schedule I or II, other than marijuana or tetrahydrocannabinols, is present in the person's body; or
(7) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6.
…