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re: Driver who killed EBR councilman sentenced, gets handful of days in jail

Posted on 1/10/19 at 1:05 pm to
Posted by brass2mouth
NOLA
Member since Jul 2007
19754 posts
Posted on 1/10/19 at 1:05 pm to
quote:

Sounds like he saw them too late, there was a vehicle in the other lane, and he tried to fit between them but didn't.


Which, IMO, equates to

“I saw the yellow light but thought I could make it...”
Posted by Rock the Casbah
Member since Dec 2014
940 posts
Posted on 1/10/19 at 1:10 pm to
quote:

This kinda thing infuriates me.


Agreed. 15 days is way too much given he didn’t do anything wrong. I thought they had dropped all charges.
Posted by Hu_Flung_Pu
Central, LA
Member since Jan 2013
22237 posts
Posted on 1/10/19 at 1:57 pm to
There should be a minimum speed on every road.

Slower drivers make traffic worse in all situations.

I didnt read much but how aware were the cyclists of the situation? Could they have been more defensive and gotten off the road?
Posted by Cump11b
Member since Sep 2018
2026 posts
Posted on 1/10/19 at 2:04 pm to
quote:

given he didn’t do anything wrong


except not slow down, yield to cyclist, and mowed two people down, killing one. I bet you're one of those jackasses who try to mirror check people on a bike, aren't you?
Posted by FelicianaTigerfan
Comanche County
Member since Aug 2009
26059 posts
Posted on 1/10/19 at 2:08 pm to
Time for laws to change. People shouldn't be able to use roadways for recreational cycling
Posted by Rebel
Graceland
Member since Jan 2005
131574 posts
Posted on 1/10/19 at 2:09 pm to
Was that the guy on the bicycle?
Posted by CarRamrod
Spurbury, VT
Member since Dec 2006
57528 posts
Posted on 1/10/19 at 2:10 pm to
quote:

t was an accident.
quote:

“I started to slow down and go around them ... there was another vehicle coming on the incoming side and I didn’t want to hit them either so I tried to make the best decision and still go around them,” Alexander wrote. Alexander had said he had the cruise control for the rented Chevrolet Tahoe he was driving that day set for 35 mph. The State Police investigation estimated that Alexander’s speed was between 45 and 55 miles per hour at the time he applied the brakes, according to their calculations using a “slide to stop formula.” Police wrote in their report that Alexander braked “post impact,” meaning after he struck Amoroso. LINK That indicates he not only saw them, but decided to pass them knowing he couldn’t give the required distance, while not slowing until after he hit them.
this proves it wasnt an accident. it was negligence. he should be serving multiple years.
This post was edited on 1/10/19 at 2:11 pm
Posted by Rebel
Graceland
Member since Jan 2005
131574 posts
Posted on 1/10/19 at 2:11 pm to
quote:

I bet you're one of those jackasses who try to mirror check people on a bike, aren't you?


5 points is 5 points.
Posted by Salmon
On the trails
Member since Feb 2008
83694 posts
Posted on 1/10/19 at 2:12 pm to
Yes.

This is the equivalent of a car trying to pass another car but sees an oncoming car and then runs the car they were passing off the road and kills someone.

No one would argue that as an solely an "accident".
Posted by dgnx6
Baton Rouge
Member since Feb 2006
69375 posts
Posted on 1/10/19 at 2:12 pm to
quote:

Bicycles should not be allowed on any road with a speed limit above 45. Bicycles were banned from the interstates back when speed limits were 55. It makes no sense to have two vehicles share a roadway when they have drastically dissimilar speed characteristics.


I'd rather less cars on the road.
Posted by Barbellthor
Columbia
Member since Aug 2015
8642 posts
Posted on 1/10/19 at 2:37 pm to
Systemic raci- well... idk.
Posted by Rock the Casbah
Member since Dec 2014
940 posts
Posted on 1/10/19 at 4:11 pm to
quote:

except not slow down, yield to cyclist, and mowed two people down, killing one. I bet you're one of those jackasses who try to mirror check people on a bike, aren't you?


i bet you’re one of those jackasses that thinks any vehicle-bicycle crash is always the drivers fault, aren’t you?
Posted by BigSquirrel
Member since Jul 2013
1880 posts
Posted on 1/10/19 at 7:14 pm to
Nah. You absolutely ruin his life. Wasn’t this a hit and run, or am I thinking of another case?
Posted by Btrtigerfan
Disgruntled employee
Member since Dec 2007
21732 posts
Posted on 1/10/19 at 7:18 pm to
quote:

Wasn’t this a hit and run, or am I thinking of another case?


Not a hit and run.
Posted by chinhoyang
Member since Jun 2011
23792 posts
Posted on 1/10/19 at 7:49 pm to
quote:

this proves it wasnt an accident. it was negligence. he should be serving multiple years.


"Accidents" often involve negligence.

Criminal negligence is a different standard:

"§12. Criminal negligence

Criminal negligence exists when, although neither specific nor general criminal intent is present, there is such disregard of the interest of others that the offender's conduct amounts to a gross deviation below the standard of care expected to be maintained by a reasonably careful man under like circumstances. "

It is almost a gross negligence v. ordinary negligence standard.
Posted by Btrtigerfan
Disgruntled employee
Member since Dec 2007
21732 posts
Posted on 1/10/19 at 8:01 pm to
The 14 citizen Grand Jurors didn't see it that way. They indited him on careless operation. A charge that could be upheld by the court.

I assume the DA added the negligence charge to the plea agreement.


Posted by QuietTiger
New Orleans
Member since Dec 2003
26256 posts
Posted on 1/10/19 at 8:23 pm to
quote:

brass2mouth

If this is correct the guy in NOLA who beat the homeless guy to death
shouldn't have any issues. I man, he was homeless, not a politico, right?
Posted by chinhoyang
Member since Jun 2011
23792 posts
Posted on 1/11/19 at 9:29 am to
quote:

The 14 citizen Grand Jurors didn't see it that way. They indited him on careless operation. A charge that could be upheld by the court.

I assume the DA added the negligence charge to the plea agreement.



I posted the statute as some of the posters seem to assume that we are some third world nation where ordinary negligence in a car wreck gets you put in jail (or should).
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