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Do you think the driver should be charged with reckless driving in the case of
  • novasteve June 18, 2013 - 3:24 pm #77098 Reply

    skateboarder getting killed? Don’t forget the person who died was even more reckless by holding onto a vehicle while skateboarding. I’m curious, if he had survived, would they be charging him with a crime as well? Are they only pressing charges because there was a death?

    Captain_Obvious June 18, 2013 - 3:27 pm #77099 Reply

    I’ll play along cause this is actually a rare legit post.  The public has to know more facts regarding the investigation of the case.  We would need to know the speed the truck was driving and the speed limit of the road he was on.  Was he swerving?  Did he have alcohol or drugs in his system?

    Is this info available or are we just speculating here ?

    Quoth the Raven June 18, 2013 - 3:34 pm #77100 Reply

    CO, I’m not sure any of that matters.  Understanding that a kid was killed here, it was an incredibly stupid thing to do.  Having a kid on a skateboard hang onto your window while driving is inherently reckless, so I don’t think alcohol, drugs, speed, etc matter.  Unless he was going 3 mph or something, I suppose.  And I think they would have charged him regardless of the outcome.  Frankly, he’s lucky they don’t try for some level of manslaughter charge.

    Swag June 18, 2013 - 3:42 pm #77101 Reply

    novasteve

    Do you think the driver should be charged with reckless driving in the case of skateboarder getting killed?

     

    Dezlboy June 18, 2013 - 4:04 pm #77110 Reply

    The driver should be charged as the driver is responsible for his passengers.  Illegal for passengers to have open liquor containers, to be unbuckled, smoking dope, etc.  In this case the driver could have stopped his vehicle and told friend to let go.

    If the police would have caught the kids in the act, the driver warranted a reckless driving charge. Of course, the officer could have written a warning or given a verbal spanking.

    SWAG:  I don’t see a graphic…..had seen Red X.

    Anonymous June 18, 2013 - 4:04 pm #77111 Reply

    Liberals!

    Dezlboy June 18, 2013 - 4:07 pm #77112 Reply

    @NS, as someone with legal experience, how would you answer your question?

    Captain_Obvious June 18, 2013 - 4:12 pm #77114 Reply

    yea, offer your opinion for a change…one that isn’t filled with questions.  Please offer statements that end in periods, not question marks.

    novasteve June 18, 2013 - 4:15 pm #77116 Reply

    Are you a passenger if you aren’t in the vehicle? If the police caught them in the act, the driver could have said he didn’t give permission for him to hang on.

    halj June 18, 2013 - 4:46 pm #77120 Reply

    Are you a passenger if you aren't in the vehicle? If the police caught them in the act, the driver could have said he didn't give permission for him to hang on.

    Wikipedia says no.  Feel free to change it.

    Dezlboy June 18, 2013 - 4:51 pm #77122 Reply

    @NS, allow me to reiterate the procedure for a productive discussion.  You ask a question, I answer. I ask a question, you answer.  Then and only then are you allowed to ask another question.   Thus, please answer my previous question, before asking another.   You don’t want to be a “double dipper” do you?  Thank you for you cooperation.

    My previous question was, “@NS, as someone with legal experience, how would you answer your question?”

    novasteve June 18, 2013 - 5:19 pm #77123 Reply

    How is my opinion relevant? i’m asking the quesiton should he be charged? I don’t see any benefit to charging him. It won’t bring the dead kid back and the dead kid was equally if not more responsible for this own actions and consequences of those actions. Is this some prosecutor trying to score political points?

     

     

    Should the boy have been charged had he survived? Would the driver have been charged had the boy survived?

    Dezlboy June 18, 2013 - 5:45 pm #77124 Reply

    @NS, good questions. See my previous reply in message  77110. But, in shorthand, my answer is “yes” and “yes.”  If found guilty, the judge can take into consideration the driver’s remorse when sentencing occurs.  If the investigation does not reveal any damning facts (drinking, drugs) and the driver otherwise has a clean record, I would recommend a suspended sentence, community service, etc.

    @NS asked, “How is my opinion relevant.”  Good question again.    In my experience when someone engages others in a discussion, the originator of the discussion is expected to have a “give and take” that includes responding to questions with answers, not just more questions.  I have found that discussions are much more productive following this social norm.

    Jotorious June 19, 2013 - 3:08 pm #77197 Reply

    Why is it that no-one in this thread has once actually tried to find and apply the relevant text of the statute? Wikipedia has a bunch about Reckless Driving in VA. Here is what the “general rule”(?) part of the VA code says:

    http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-852

    Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.

    That is a pretty wide open definition of reckless driving. Everyone might be guilty of reckless driving according to the statute.

    Regardless of the law as written, I don’t think that the driver should be charged. I think this is a case of stupidity all around that had tragic results. As tragic as the results are, I don’t think that tragic results warrant charges.

    I also think that the law should be narrowed, because as it is written it is open for all manner of interpretation, and it could be argued that because of causality, anyone who injures another in a car accident is guilty of reckless driving, because if someone was injured, and it was your fault, then by definition you were driving in a manner that endangered others. Otherwise how is it possible that someone was injured.

    Is the OP asking us to act as a judge and apply the law as written, or is he asking our opinion of the law as written?

    Also, NS said “How is my opinion relevant?” It is just as relevant as anyone who responds. How is my opinion relevant?

    Bard June 19, 2013 - 6:36 pm #77210 Reply

    SO we’re being asked to speculate as to the guilt or innocence of a juvenile without the benefit of anything other than ArlNow posts. Great idea. I see this ending well.

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