Vehicular Manslaughter

Zephyrus · #1 03-14-2009, 04:05 AM

I didn't know where to post this. chit chat's good though. Here's my question. I have a friend who's in law school and she and I were talking about vehicular manslaughter. She told me that if I hit someone by accident in my car I go to prison. I told her she was full of sht. There's no way in hell if I hit someone by accident that I'm going to prison. I'm posting it here because I know there are other law students on here, and this has got to be a joke right?

I could see if I hit some dude that was doing work on the side of the road, but anywhere else, especially in bad weather? wtf??? No way.

knight_shadow · #2 03-14-2009, 05:37 AM

From law.com's dictionary:

vehicular manslaughter

n. the crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving or speeding. Vehicular manslaughter can be charged as a misdemeanor (minor crime with a maximum punishment of a year in county jail or only a fine) or a felony (punishable by a term in state prison) depending on the circumstances. Gross negligence or driving a few miles over the speed limit might be charged as a misdemeanor, but drunk driving resulting in a fatality is most likely treated as a felony. Death of a passenger, including a loved one or friend, can be vehicular manslaughter if due to illegal driving.

kddani · #3 03-14-2009, 08:53 AM

Quote:

Originally Posted by Zephyrus

I didn't know where to post this. chit chat's good though. Here's my question. I have a friend who's in law school and she and I were talking about vehicular manslaughter. She told me that if I hit someone by accident in my car I go to prison. I told her she was full of sht. There's no way in hell if I hit someone by accident that I'm going to prison. I'm posting it here because I know there are other law students on here, and this has got to be a joke right?

I could see if I hit some dude that was doing work on the side of the road, but anywhere else, especially in bad weather? wtf??? No way.

Ummm... yes, you can go to prison if you're driving in a negligent manner and hit someone. No one has the right to take someone else's life. If you're driving in negligent manner and hit someone - why SHOULDN'T you be held accountable?

You'd also likely be singing a different tune if a loved one was the victim.

Zephyrus · #4 03-15-2009, 04:17 AM

Quote:

Originally Posted by kddani

Ummm... yes, you can go to prison if you're driving in a negligent manner and hit someone. No one has the right to take someone else's life. If you're driving in negligent manner and hit someone - why SHOULDN'T you be held accountable?

You'd also likely be singing a different tune if a loved one was the victim.

Well, duh. Why shouldn't I? If it was an accident as in a kid jumped out right in front of the car and I slid on water or ice and killed him. That's what I mean, and NO I SHOULDN'T.

OneTimeSBX · #5 03-14-2009, 10:29 AM

from what i remember, if weather is THE ONLY factor (not speeding in bad weather, etc) then you will probably be ok...but it wont even get to court if the cop doesnt see the need to write a ticket to you or press charges. the other party can sue if they like, but it would be hard to prove you were negligent without that officer to back you up...that part is coming from experience!

KSigkid · #6 03-14-2009, 10:46 AM

Quote:

Originally Posted by kddani

Ummm... yes, you can go to prison if you're driving in a negligent manner and hit someone. No one has the right to take someone else's life. If you're driving in negligent manner and hit someone - why SHOULDN'T you be held accountable?

You'd also likely be singing a different tune if a loved one was the victim.

Exactly - depending on the penal code in the particular state, and the circumstances, you can definitely see jail time. Just because you weren't gunning for someone doesn't mean that you're not subject to criminal liability.

Zephyrus · #7 03-15-2009, 04:20 AM

Quote:

Originally Posted by OneTimeSBX

from what i remember, if weather is THE ONLY factor (not speeding in bad weather, etc) then you will probably be ok...but it wont even get to court if the cop doesnt see the need to write a ticket to you or press charges. the other party can sue if they like, but it would be hard to prove you were negligent without that officer to back you up...that part is coming from experience!

She's a first year law student, so she could be clueless. She told me that I would go to prison NOT jail if I killed someone after I hit him/her, no matter what. There's no fking way, I'm going to believe that, and if it is true, it's bullsht.

Zephyrus · #8 03-15-2009, 04:26 AM

Quote:

Originally Posted by KSigkid

Great minds think alike, or something like that; I was just going to post about the Stallworth story.

I wonder if Zephyrus is Stallworth.

Thanks dude. I'm reading that story.

Quote:

Originally Posted by CutiePie2000

You keep mentioning "if I hit someone, if I hit someone". The person would have to die for "manslaughter" to come into the equation.

Duh, no sht!

No offense but you and that kddani person just don't get it. Obviously when I say hit, I mean kill..dead.

kddani · #9 03-15-2009, 10:02 AM

Quote:

Originally Posted by Zephyrus

No offense but you and that kddani person just don't get it. Obviously when I say hit, I mean kill..dead.

Um, can you read?

Btw, I'm a practicing lawyer admitted to practice in three states. I think I have a decent handle on this very basic tenant of law.

knight_shadow, I think that the word "negligence" is too big of a word for the OP.

KSigkid · #10 03-15-2009, 10:45 AM

Quote:

Originally Posted by kddani

Um, can you read?

Btw, I'm a practicing lawyer admitted to practice in three states. I think I have a decent handle on this very basic tenant of law.

knight_shadow, I think that the word "negligence" is too big of a word for the OP.

The thing is, I'm not sure if Zephyrus really wants answers on these topics, as much as he wants to vent about the legal system. He posted about other legal issues in another thread, and Kevin and I (both upper-class law students) tried to discuss some of the reasons behind the laws in question. It seems like he's just displeased by the legal system as a whole.

I do feel sorry for his law school friend though, haha.

DaemonSeid · #11 03-14-2009, 09:10 PM

Coincidentally:

Donte Stallworth hits and kills pedestrian

KSigkid · #12 03-14-2009, 09:12 PM

Quote:

Originally Posted by DaemonSeid

Coincidentally:

Donte Stallworth hits and kills pedestrian

Great minds think alike, or something like that; I was just going to post about the Stallworth story.

I wonder if Zephyrus is Stallworth.

Thetagirl218 · #13 03-14-2009, 10:44 PM

Its a real thing. I know someone who was convicted for it because of killing someone in an accident when he was drunk. He is still serving a 5 year sentence.

DaemonSeid · #14 03-14-2009, 11:18 PM

Quote:

Originally Posted by KSigkid

Great minds think alike, or something like that; I was just going to post about the Stallworth story.

I wonder if Zephyrus is Stallworth.

HHHHHHmmmmmmmmm....

KSigkid · #15 03-14-2009, 11:21 PM

Quote:

Originally Posted by DaemonSeid

HHHHHHmmmmmmmmm....

There are a couple of ways to test it; have him run a route, then toss him a couple of passes. If he runs the wrong route, or drops the passes, he's probably Stallworth.

I'm joking about this, but if it turns out Stallworth was drunk, all objectivity and mocking on my part goes out the window; as I've noted on the site, I have personal reasons why I have trouble being unbiased about drunk drivers.