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Old 01-11-17, 03:04 PM   #26
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The reparations are handled in a civil trial, and unlike a child welfare payment the debt can continue for your lifespan, and is very difficult to bankrupt out of. So the mechanism is in place, and at a much lower standard of guilt than anything in a criminal case.
This is not always true. Settlements in criminal cases can provide cash reparations.

Plea agreement leads to $150,000 contribution for crime victims | KHON2
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Old 01-11-17, 03:12 PM   #27
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OK I will clarify, I would prefer funds go to specific victims of the crime. Your plea deal is a totally different kind of case, where the criminal was a corporation not an individual. Having been involved in similar cases to what you cited, those are negotiated agreements so the company can say they are helping crime victims, rather than a general fund crime. Which victims may be specified or not depending on the nature of the crime and the prosecutor and judge. Also, the fine may be in lieu of other penalties such as jail time.

However I have no wish to argue about it, you think your way I'll think mine and never the twain shall meet.
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Old 01-11-17, 05:59 PM   #28
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Quite apart from the duration of the sentence, it seems society would be best served if the guy never was allowed to drive a car again. If he has to walk, bike or take the bus for the rest of his life as a consequence, it serves several functions (example, deterrent, prevention of reoccurance).
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Old 01-11-17, 06:19 PM   #29
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Quite apart from the duration of the sentence, it seems society would be best served if the guy never was allowed to drive a car again. ....
Never is a long time. The impact of this will also depend on where. In some areas it might make life near impossible, whereas in NYC the impact would be low and the sentence reasonable.

Be clear, I'm not talking about not taking away or restricting the license at all, just trying to balance the intent with the impact. In this case, were I the judge, I'd consider how critical the car was, based on location, work and family circumstances, then either suspend or highly restrict, ie to work and back only, for the duration of the probation. Get caught behind the wheel and probation is revoked and off to jail for the duration.

BTW - I have a friend who's a criminal court judge. He HATES cases like this because it's so hard to know what's right.
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Old 01-11-17, 07:45 PM   #30
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Woman sentenced for deadly Hwy 6 crash; jury hung on manslaughte - KPTV - FOX 12
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Old 01-11-17, 07:55 PM   #31
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O.K. she is having to pay some court determined restitution to the victims family - that is great! Wonder if that removes their right to seek further damages?It's now clear to me some cases this does happen w/o the need for additional civil proceedings. I am good with that.

Does anyone have any details on which States allow restitution, limits on recoveries and such?
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Old 01-12-17, 01:39 AM   #32
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Never is a long time. The impact of this will also depend on where. In some areas it might make life near impossible, whereas in NYC the impact would be low and the sentence reasonable.

Be clear, I'm not talking about not taking away or restricting the license at all, just trying to balance the intent with the impact. In this case, were I the judge, I'd consider how critical the car was, based on location, work and family circumstances, then either suspend or highly restrict, ie to work and back only, for the duration of the probation. Get caught behind the wheel and probation is revoked and off to jail for the duration.

BTW - I have a friend who's a criminal court judge. He HATES cases like this because it's so hard to know what's right.
Being dead is a long time too. Consider the victim and family, they are FOREVER with out her.

Taking away someone's driving PRIVILEGE is pretty minor, compared to being dead. This guy was also caught speeding twice, once 30 mph over, after he killed the cyclist... I really don't believe he is someone we want to share the road with... he is another crash waiting to happen.
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Old 01-12-17, 02:15 AM   #33
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O.K. she is having to pay some court determined restitution to the victims family - that is great! Wonder if that removes their right to seek further damages?It's now clear to me some cases this does happen w/o the need for additional civil proceedings. I am good with that.

Does anyone have any details on which States allow restitution, limits on recoveries and such?
I seriously doubt that she could find $200 if her life depended on it. Going forward, as America's middle class slides into total insolvency, it will be difficult, if not impossible, to enforce large financial judgements. The only effective deterrent towards the current reckless, aggressive and rage filled driving culture in America, will be stiffly enforced lengthy revocations and/or jail terms for drivers found guilty of causing serious injury or death to others.
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Old 01-12-17, 02:45 AM   #34
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Taking away someone's driving PRIVILEGE is pretty minor, compared to being dead. This guy was also caught speeding twice, once 30 mph over, after he killed the cyclist... I really don't believe he is someone we want to share the road with... he is another crash waiting to happen.
Hawaii makes it easy to look up driving tickets and court outcome of the drivers here, using name or a plate #. A very large number of drivers who pass close, honk and harass me have significant records. One guy still had three outstanding arrest warrants out on him.
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Old 01-12-17, 01:47 PM   #35
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Hawaii makes it easy to look up driving tickets and court outcome of the drivers here, using name or a plate #. A very large number of drivers who pass close, honk and harass me have significant records. One guy still had three outstanding arrest warrants out on him.
That's why the news of the judge NOT allowing the two new tickets to come into play doesn't make a lot of sense... this guy was just showing what a doosh driver he was... what his bad habits can lead to, and yet this judge chose to ignore this pattern.
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Old 01-12-17, 01:51 PM   #36
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I don't understand stories like this. They confuse me to such a deep extent.

I am a safe driver, but these signs (below) definitely communicate to me that even if I'm a selfish bastard and have no regard for human life, there will be firm consequences if I accidentally hit a construction worker with my car.

Enough with the public service ads and pro-cycling marketing/propoganda. How about signs (i.e. clearly communicated laws) that say "Hit A Cyclist, $10k fine, 14 Years in Jail, and Lose your License" ?

It just seems so simple and fair to me. That's all I'm sayin'.
complaining over

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Old 01-12-17, 03:54 PM   #37
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Couple details:

- Rider (RIP) is said to have swerved left into the lane. As another said, could be SWSS, but if true it could be that she was trying to be a safe rider, discourage the pass, and Take the Lane.

- Driver received a ticket after this accident for 84 in a 55 zone. What are the chances he was doing the speed limit when attempting to pass the cyclist...? Not to mention, in most states 30 mph over the speed limit is criminal speeding a misdemeanor and cop has discretion to also cite for reckless endangerment or similar. Whenever I see that someone was ticketed for 29mph over the speed limit, I always assume that the cop was giving him some kind of break, in this case, a break he certainly did not deserve. Criminal speeding might certainly have weighed differently at the sentencing hearing.

Sad case, but for those who doubt the severity of the sentencing, 60 days in jail is not an easy thing. 3 years probation, is limiting. And a felony charge just does not go away and is likewise going to hang over the driver the rest of his life.

And regarding laws, getting tougher on negligent driving would certainly be something worth lobbying for. But things like drunk and cell-phone driving statutes, which target only one possible cause of negligence and recklessness at a time is not the way to do it -- make negligent driving a much more serious offense to begin with and then amend such laws with aggravations for conditions like drunk or distracted driving.
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Old 01-12-17, 07:49 PM   #38
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I don't understand stories like this. They confuse me to such a deep extent.

I am a safe driver, but these signs (below) definitely communicate to me that even if I'm a selfish bastard and have no regard for human life, there will be firm consequences if I accidentally hit a construction worker with my car.

Enough with the public service ads and pro-cycling marketing/propoganda. How about signs (i.e. clearly communicated laws) that say "Hit A Cyclist, $10k fine, 14 Years in Jail, and Lose your License" ?

It just seems so simple and fair to me. That's all I'm sayin'.
complaining over

Cyclist do not have a union that donates millions of dollars to politicians.
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Old 01-15-17, 06:49 AM   #39
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I'm just incredibly saddened that this guy only got 60 days in jail and 36 months of probation for running over a woman on a bicycle just outside the town I grew up in. He's the reason there are lots of 3 feet passing signs around that town now.

Man convicted of killing Washburn professor Glenda Taylor in crash receives 60 days in jail | The Topeka Capital-Journal

I understand he's remorseful and the accident has bothered him, but 60 days isn't much of a deterrent for others to watch out for people on bicycles.

BTW, that highway the accident occurred on is a two lane with barely any shoulder. My wife has prohibited me from riding on it, even though it's part of bicycle route 76. When I was a kid working in my dad's service station, we often had groups or just individual cross-country cyclists passing through town. But parts of it are very hilly and a car coming over a hill might not have time to react.
Your wife is smart for not letting you ride on that route.
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Old 01-17-17, 06:21 PM   #40
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A motorist in Australia got a $500 fine for killing a 60 year old cyclist.
The motorist hit him from behind whilst traveling on a straight section of road.

https://thewest.com.au/news/wa/modes...-ng-b88337272z
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