Stand your ground or murder? (Video of the event)

[Heffay]

Blow the stop sign and someone dies, YOU WILL BE CHARGED, no matter what your state of inebriation, or lack of it, is. The level of offense will be dependent on factors like intoxication, negligence and recklessness.

Well, not if you smoke a cyclist or pedestrian. The rules are screwed up enough where they can just end up getting a ticket. At least that happened here in AZ, and I'm pretty sure it's happened in MN. Out here some cyclist got run over and killed by a lady in an SUV that drifted into the bike lane, and all she got was a $420 fine.

That really sucks.

[tman]

Blow the stop sign and someone dies, YOU WILL BE CHARGED, no matter what your state of inebriation, or lack of it, is. The level of offense will be dependent on factors like intoxication, negligence and recklessness.

Well, not if you smoke a cyclist or pedestrian. The rules are screwed up enough where they can just end up getting a ticket. At least that happened here in AZ, and I'm pretty sure it's happened in MN. Out here some cyclist got run over and killed by a lady in an SUV that drifted into the bike lane, and all she got was a $420 fine.

That really sucks.

I understand that, and include misdemeanor traffic violations in "level of offense." I've seen several fatal crashes that where only misdemeanors could be charged.

[bulletproof]

Felony murder rule.
Heffay is right again.
Blow the stop sign and someone dies, YOU WILL BE CHARGED, no matter what your state of inebriation, or lack of it, is. The level of offense will be dependent on factors like intoxication, negligence and recklessness.

So you're saying the drunk driver will be charged with manslaughter if a sober person blows a stop sign and is killed? You can be completely negligent, intoxicated, and reckless but still not guilty of killing someone.

[Heffay]

You can be completely negligent, intoxicated, and reckless but still not guilty of killing someone.

You were a contributing factor just by driving drunk. You do realize that drinking impairs your ability to drive, which is why they make it illegal, right?

[bulletproof]

You were a contributing factor just by driving drunk. You do realize that drinking impairs your ability to drive, which is why they make it illegal, right?

Living also impairs your abilities. It has been proven that living people have reaction speeds slower than dead people. The dead have a reaction speed of zero since they don't react by default, it's fairly hard to beat that speed without creating an issue with causality.

They've also made pirating movies illegal, but that doesn't impair your ability to watch them.

I'm not trying to suggest alcohol doesn't slow reactions, or otherwise impair the abilities of a driver. Just that the causation of one incident doesn't directly relate to another.

[Holland&Holland]

You were a contributing factor just by driving drunk. You do realize that drinking impairs your ability to drive, which is why they make it illegal, right?

Living also impairs your abilities. It has been proven that living people have reaction speeds slower than dead people. The dead have a reaction speed of zero since they don't react by default, it's fairly hard to beat that speed without creating an issue with causality.

They've also made pirating movies illegal, but that doesn't impair your ability to watch them.

I'm not trying to suggest alcohol doesn't slow reactions, or otherwise impair the abilities of a driver. Just that the causation of one incident doesn't directly relate to another.

Yes but try that with a jury once and I suspect you will find that the end result is not in alignment with your arguement.

[bulletproof]

Yes but try that with a jury once and I suspect you will find that the end result is not in alignment with your arguement.

Right, I'll get right on that.

[Holland&Holland]

Yes but try that with a jury once and I suspect you will find that the end result is not in alignment with your arguement.

Right, I'll get right on that.

I do not remember OJ being drunk and running a stop sign, but ya never know.

[bulletproof]

I keep talking about the sober person running the stop sign and you keep bring up the drunk person. Burn the drunks!!!

[tman]

You were a contributing factor just by driving drunk. You do realize that drinking impairs your ability to drive, which is why they make it illegal, right?

Living also impairs your abilities. It has been proven that living people have reaction speeds slower than dead people. The dead have a reaction speed of zero since they don't react by default, it's fairly hard to beat that speed without creating an issue with causality.

They've also made pirating movies illegal, but that doesn't impair your ability to watch them.

I'm not trying to suggest alcohol doesn't slow reactions, or otherwise impair the abilities of a driver. Just that the causation of one incident doesn't directly relate to another.

Argue your opinion of how you think it SHOULD be all you want.

I'm just telling you like it is based on my real world experience.

[bulletproof]

Argue your opinion of how you think it SHOULD be all you want.
I'm just telling you like it is based on my real world experience.

Actus reus is still alive and kicking in the real world the last time I checked.

[tman]

Actus reus is still alive and kicking in the real world the last time I checked.

Yep. That phrase changes nothing I've said. Sounds cool, though.


Sent from my iPhone using that app which shall not be named.

[bstrawse]

What state law are we using to evaluate this situation?

There should also be other choices than just - hey clean shoot under SYG - or Murder...

b

[bulletproof]

Yep. That phrase changes nothing I've said. Sounds cool, though.
Sent from my iPhone using that app which shall not be named.

Well of course it doesn't change anything you've said. And yes Latin is generally pretty cool.

What state law are we using to evaluate this situation?
There should also be other choices than just - hey clean shoot under SYG - or Murder...
b

We are apparently using a mix of state laws and hypothetical examples. While the guy could be cleared of murder, he could easily be tried for other crimes like brandishing a weapon.

[jdege]

And yes Latin is generally pretty cool.

Yep. Nearly anything, said in Latin, sounds profound:

Tempore brumali vir patiens,
animo vernali lasciviens.

Oh, oh, oh, totus floreo,
iam amore virginali totus ardeo,
novus, novus amor est, quo pereo.