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re: OT lawyers: is Tony Stewart going to go to jail?

Posted on 8/10/14 at 11:14 am to
Posted by lsusportsman2
Member since Oct 2007
27232 posts
Posted on 8/10/14 at 11:14 am to
quote:

It looks like vehicular manslaughter to me.


Well maybe you should stop looking because you have no clue what you're talking about.
Posted by onelochevy
Slidell, LA
Member since Jan 2011
16528 posts
Posted on 8/10/14 at 11:14 am to
quote:

is Tony Stewart going to go to jail?


Nope
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421893 posts
Posted on 8/10/14 at 11:15 am to
quote:

You cannot tell that from the video.

yeah you can't even see stewart's car to see wtf he wad doing prior to impact

people created a story in their head and their brains think they see these things that support their narrative
Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
32394 posts
Posted on 8/10/14 at 11:15 am to
quote:

Stewart hit the accelerator, and swerved into the guy. With that said, lawyers will lie and state Stewart accidentally hit the guy. Stewart will pay the family millions to make it all go away, but that's all that will happen to Stewart.


I don't know what video y'all are watching, but it looks like he accelerated after he passed the kid.
Posted by UFownstSECsince1950
Member since Dec 2009
32600 posts
Posted on 8/10/14 at 11:16 am to
He was negligent and ran over the kid while trying to be a bully and scare him. He knows he was wrong and anyone who has any common sense knows TS was in the wrong.
Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
32394 posts
Posted on 8/10/14 at 11:17 am to
The kid literally walked in front of him...
Posted by Sterling Archer
Austin
Member since Aug 2012
7297 posts
Posted on 8/10/14 at 11:18 am to
Someone posted in the thread on the MSB that Tony had a GoPro on his helmet. If true I think that video will give us a better understanding of what Tony Could see.
Posted by UFownstSECsince1950
Member since Dec 2009
32600 posts
Posted on 8/10/14 at 11:18 am to
The kid tried to dive out of the way at the last second
Posted by UpToPar
Baton Rouge
Member since Sep 2008
22151 posts
Posted on 8/10/14 at 11:18 am to
quote:

yeah you can't even see stewart's car to see wtf he wad doing prior to impact


You only see his car about 30 feet before he hits the guy. The only thing you can tell is whether he was traveling faster than the 45 car which really doesn't prove anything.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421893 posts
Posted on 8/10/14 at 11:18 am to
quote:

He was negligent and ran over the kid while trying to be a bully and scare him.

these are all guesses. i presume you think the same about car 45, too?

Posted by gaetti15
AK
Member since Apr 2013
13361 posts
Posted on 8/10/14 at 11:18 am to
quote:

He was negligent and ran over the kid while trying to be a bully and scare him. He knows he was wrong and anyone who has any common sense knows TS was in the wrong.



you are an idiot
Posted by Paul Allen
Montauk, NY
Member since Nov 2007
75157 posts
Posted on 8/10/14 at 11:19 am to
quote:

Tony Stewart


He's a jerk.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 8/10/14 at 11:21 am to
quote:

It looks like vehicular manslaughter to me.


WTF?

quote:

125.13 Vehicular manslaughter in the first degree

A person is guilty of vehicular manslaughter in the first degree when he or she commits the crime of vehicular manslaughter in the second degree as defined in section 125.12 of this article, and either:

(1) commits such crime while operating a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of the vehicle and traffic law;

(2) commits such crime while knowing or having reason to know that: (a) his or her license or his or her privilege of operating a motor vehicle in another state or his or her privilege of obtaining a license to operate a motor vehicle in another state is suspended or revoked and such suspension or revocation is based upon a conviction in such other state for an offense which would, if committed in this state, constitute a violation of any of the provisions of section eleven hundred ninety-two of the vehicle and traffic law; or (b) his or her license or his or her privilege of operating a motor vehicle in the state or his or her privilege of obtaining a license issued by the commissioner of motor vehicles is suspended or revoked and such suspension or revocation is based upon either a refusal to submit to a chemical test pursuant to section eleven hundred ninety-four of the vehicle and traffic law or following a conviction for a violation of any of the provisions of section eleven hundred ninety-two of the vehicle and traffic law;

(3) has previously been convicted of violating any of the provisions of section eleven hundred ninety-two of the vehicle and traffic law within the preceding ten years, provided that, for the purposes of this subdivision, a conviction in any other state or jurisdiction for an offense which, if committed in this state, would constitute a violation of section eleven hundred ninety-two of the vehicle and traffic law, shall be treated as a violation of such law;

(4) causes the death of more than one other person;

(5) has previously been convicted of violating any provision of this article or article one hundred twenty of this title involving the operation of a motor vehicle, or was convicted in any other state or jurisdiction of an offense involving the operation of a motor vehicle which, if committed in this state, would constitute a violation of this article or article one hundred twenty of this title; or

(6) commits such crime while operating a motor vehicle while a child who is fifteen years of age or less is a passenger in such motor vehicle and causes the death of such child.

If it is established that the person operating such motor vehicle caused such death or deaths while unlawfully intoxicated or impaired by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, then there shall be a rebuttable presumption that, as a result of such intoxication or impairment by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, such person operated the motor vehicle in a manner that caused such death or deaths, as required by this section and section 125.12 of this article.


quote:

Penal Law § 125.12

§ 125.12 Vehicular manslaughter in the second degree

A person is guilty of vehicular manslaughter in the second degree when he or she causes the death of another person, and either:

(1) operates a motor vehicle in violation of subdivision two, three, four or four-a of section eleven hundred ninety-two of the vehicle and traffic law or operates a vessel or public vessel in violation of paragraph (b), (c), (d) or (e) of subdivision two of section forty-nine-a of the navigation law, and as a result of such intoxication or impairment by the use of a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, operates such motor vehicle, vessel or public vessel in a manner that causes the death of such other person, or

(2) operates a motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds which contains flammable gas, radioactive materials or explosives in violation of subdivision one of section eleven hundred ninety-two of the vehicle and traffic law, and such flammable gas, radioactive materials or explosives is the cause of such death, and as a result of such impairment by the use of alcohol, operates such motor vehicle in a manner that causes the death of such other person, or

(3) operates a snowmobile in violation of paragraph (b), (c) or (d) of subdivision one of section 25.24 of the parks, recreation and historic preservation law or operates an all terrain vehicle as defined in paragraph (a) of subdivision one of section twenty-two hundred eighty-one of the vehicle and traffic law in violation of subdivision two, three, four, or four-a of section eleven hundred ninety-two of the vehicle and traffic law, and as a result of such intoxication or impairment by the use of a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, operates such snowmobile or all terrain vehicle in a manner that causes the death of such other person.

If it is established that the person operating such motor vehicle, vessel, public vessel, snowmobile or all terrain vehicle caused such death while unlawfully intoxicated or impaired by the use of alcohol or a drug, then there shall be a rebuttable presumption that, as a result of such intoxication or impairment by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, such person operated the motor vehicle, vessel, public vessel, snowmobile or all terrain vehicle in a manner that caused such death, as required by this section.



This post was edited on 8/10/14 at 11:22 am
Posted by tgrbaitn08
Member since Dec 2007
146214 posts
Posted on 8/10/14 at 11:21 am to
Bro he was coming around the turn when his rear end fishtailed and the rear tire caught the kid. I don't think Stewart intentionally try to run the kid over. Think about that. that's ridiculous.
Posted by gaetti15
AK
Member since Apr 2013
13361 posts
Posted on 8/10/14 at 11:22 am to


these idiots aren't going to read that...wheeeeewwww Nascar..
Posted by UFownstSECsince1950
Member since Dec 2009
32600 posts
Posted on 8/10/14 at 11:23 am to
quote:

i presume you think the same about car 45, too?
the 45 car wasn't as high up on the track as TS was

The 45 car was going slow since it was a caution. TS was flying through there and even hit the accelerator.

Y'all act like TS is some amateur driver and is clueless. He should've never gotten close to that kid like that and tried to pull that BS. Clearly many of you know nothing about sprint cars or racing in general.
Posted by gaetti15
AK
Member since Apr 2013
13361 posts
Posted on 8/10/14 at 11:26 am to
quote:

He should've never gotten close to that kid like that and tried to pull that BS.


you mean the kid shouldn't have gotten close to TS in the first place?

I swear some of you people either have an agenda, hate Stewart, or are just plain idiotic and making something out of nothing
Posted by Ice Cream Sammich
Baton Rouge
Member since Apr 2010
10110 posts
Posted on 8/10/14 at 11:27 am to
You're so full of shite.
Posted by UpToPar
Baton Rouge
Member since Sep 2008
22151 posts
Posted on 8/10/14 at 11:28 am to
quote:

The 45 car was going slow since it was a caution. TS was flying through there and even hit the accelerator.


You are making shite up.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421893 posts
Posted on 8/10/14 at 11:29 am to
quote:

the 45 car wasn't as high up on the track as TS was

by maybe half a foot...MAYBE

neither were as high as the car preceding 45, so it's irrelevant

quote:

TS was flying through there and even hit the accelerator.

he hit the accelerator? you saw this in the video that only shows his car for a split second prior to impact?

are you superman or professor x?

quote:

Y'all act like TS is some amateur driver and is clueless. He should've never gotten close to that kid like that and tried to pull that BS. Clearly many of you know nothing about sprint cars or racing in general.

i don't care. that's all irrelevant

the main variable in the almost 3 collisions in the video is the (now deceased) guy leaving the wreck

he was also wearing black, at night, in a low-visibility scenario

there may be some civil liability on stewart, but with the information we have now, the vast majority of negligence is on the deceased
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