Originally Posted by
dcrowell
I completely understand your point, but in the particular case mentioned, I have to disagree.
There was no reason for a plea-bargain in this case. Once he left the scene, the doubt is over. Why did he leave the scene? Was he drunk? Have drugs in the car? I don't know. In any case, leaving the scene after an accident with injuries isn't even debatable anymore. That should be enough to convict him.
Also, somewhat unrelated, any felony (and some misdemeanor) driving related sentence should be an automatic lifetime ban from driving. This guy could have afforded to not drive. He wouldn't even need to become a cyclist. He could have afforded an alternative.
one of the things i was trying to convey is that plea bargains aren't ONLY about whether there is enough EVIDENCE. there are many other factors which might motivate the prosecutor to plea the case down.
regarding a lifetime ban: that's very easy to say as someone who hasn't been convicted of such a crime. in practice, however, it doesn't work. maybe this guy could afford car service. but for most people in this country, a car is a necessity for basic living and for employment and a huge part of personal freedom. even for repeat offenders, licenses are revoked for YEARS, not LIFE. that's law, not policy. this is not because legislators want to give people a 2nd chance to drive drunk, obviously. it's so people have the chance to be productive someday.
if you screwed up, hit a guy on a bike, panicked, ran from the scene, got arrested, paid $10k to an attorney, had your story posted all over the internet, became hated by millions, pled guilty, paid your debt to society, went to whatever therapy was requested, served your sentence...you'd be saying something very different.
you'd be saying "i screwed up, i paid my debt to society, i want to go back to work, must i be punished forever?"