08-02-2013, 02:30 PM | #45 |
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The GTR driver will definitely do some time for hit-and-run, and had he stayed he probably would not have done any time (as long as he wasn't drinking or smoking pot or something).
But damn, that old coot was an idiot for leisurely riding his bike into the street on a green light. It's fucking LA, has he only lived here for 2 weeks or something? The people here drive like they have a match under their ass 24/7, even the Dodge mini-van soccer moms.
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08-02-2013, 04:35 PM | #46 |
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Hit and run in CA is a misdemeanor offense, punishable up to 1 year in jail and/or a fine up to $10K (CA Vehicle Code 20000 et seq.). If the hit and run resulted in a death or bodily injury (as in this case), there's a number of Good Samaritan and reporting requirements as well, which the driver here obviously failed to do, so there may be multiple charges for each failure.
Assuming the driver didn't break any other laws (running red, speeding, DUI, etc.), don't think any of the homicide charges would stick (even manslaughter). |
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08-03-2013, 03:31 AM | #47 | |
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08-03-2013, 03:34 AM | #48 | |
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08-05-2013, 10:15 AM | #49 |
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That would be excessive show of power. However, from the video, I do not see the GTR taking off that quickly to be excessive show of power.
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08-05-2013, 10:17 AM | #50 |
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08-05-2013, 10:27 AM | #51 |
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That doesn't give him the green light to leave the scene like he did, though...
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08-05-2013, 11:40 AM | #52 |
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so... the guy get caught or not?
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08-05-2013, 04:07 PM | #54 |
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he's probably back in Seoul already
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08-08-2013, 12:09 AM | #55 |
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08-09-2013, 12:34 PM | #56 |
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Leaving the scene is a crime. If nobody was killed. The punishment is not as bad.
I got into a head on collisions in my X5. The Lincoln navigator tried to drive off but his wheel came off. He fled the scene by foot and left his car. Obviously, he was drunk or why else would he have ran away. They found him and we went to court and all he got was a criminal record, and a few months of probation. I was hurt but not enough for him to go to jail. People are really stupid sometimes. |
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08-09-2013, 01:55 PM | #57 | ||
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His car, him driving. He is liable. Just because you are liable, doesn't mean you get charged with a crime. If he would have stayed, with the evidence made public, he would likely not have gotten any punishment. Quote:
As for vehicular manslaughter, I don't think that applies here since the GTR owner was in the right. The crime is leaving the seen, not actually hitting the bicyclist. However, I agree with you on the difference between murder and manslaughter. |
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08-09-2013, 02:56 PM | #58 | |
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08-09-2013, 03:20 PM | #59 | |
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08-13-2013, 04:56 AM | #60 |
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This is just really sad. May the biker RIP. I think the GTR is in some serious trouble here. I don't think he is in the right in any way. Green light just mean you can proceed when it's safe, if there are cars or other pedestrian in the intersection, you cannot just ram them because you have a green light. Subjects that are already in the intersection has the right of way to finish crossing the intersection. I believe this is in the DMV handbook. The biker given his old age probably didn't run the red light himself either, it might just be taking him a bit longer to finish crossing the intersection. He could very well entered the intersection before the light even turns yellow. Just my 2 cents. I hope that GTR driver get caught and serve some serious punishment. That is so wrong.
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08-13-2013, 02:31 PM | #61 | |
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08-13-2013, 02:56 PM | #62 | |
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Also, millions of cars every day (legally) go through green-light intersections without pausing or stopping. I don't think we want to set the precedent that cars should pause or stop at green lights to check for pedestrians. At the point of impact, this looks to be an accident (i.e. convergence of bad facts). Obviously, the hit-and-run afterwards is a crime in and of itself ... |
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08-13-2013, 03:17 PM | #63 |
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Honestly, I hope the guy doesn't get caught.
Why should his life be ruined because some old koot decided he was invincible and rode out into the street when he did not have the right of way? I understand the boy racers drive dangerously, and they're annoying, but this old man was clearly in the wrong when it came to right-of-way.
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08-13-2013, 03:45 PM | #64 |
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08-13-2013, 03:52 PM | #65 |
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If the guy on the bike was uninjured, would you guys feel the same way? The bottom line is that the accident and the resulting injuries were not caused by the guy in the GTR, they were caused by the guy on the bicycle failing to follow traffic laws. Manslaughter might apply if the driver was wasted and crashed into him because of his intoxication but we can't prove that this was the case. He could have been charged with DUI when the police showed up but that would not be connected to the accident with the bike as it was not the cause of the crash.
Think about it this way... if the bike guy wandered onto a well-signed construction site and moved into the way of an excavator which killed him and the operator then ran away, would bike-guy's death be on the hands of the excavator operator? I think not. Bike-guy broke the law and was involved in an accident because of it. The actions of the driver after the accident were terrible, but they also didn't cause his death and are therefore not manslaughter.
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08-13-2013, 06:18 PM | #66 | ||
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There are also lots of drivers (legally maybe) flooring it to get into an intersection when the light turns yellow and didn't finish crossing the intersection before the signals in the side turns green. I see it every single day. If every driver step on the gas as soon as the light turns green without checking the intersection, there would be a lot more accident. My thought is that the driver in the GTR is at least partially at fault when he enter the intersection without looking to see that the intersection is clear. And then on top of that, he did the hit and run. Extremely irresponsible. On a side note, automated cars would be much easier to program if they can go as soon as the light turns green. Last edited by e92zero; 08-13-2013 at 06:34 PM.. |
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