Old 12-02-06 | 11:22 AM
  #189  
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merlinextraligh
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Originally Posted by chubakabra
I guess I'm going to take a lot of bashing for what I want to say here, but I really feel strongly about this. All though I'm not at all shocked to see the opinions on this tradgedy and how it has progressed, I'm quite shocked that it seems so unisone. That nobody sees "the other side" of it as well.

And I do actually agree with her that this could happen to almost anyone.
chubakabra

This is not a case of someone prudently operating their car, and being momentarily inatentive. That could happen to anyone, and as I've argued in a number of cyclist's death threads doesn't deserve criminal punishment.

This is a case of a person making a conscious decision to ignore their responsibility to operate their car safely, for a frivilous purpose.

It wasn''t merely talking on a cell phone; It wasn't even text messaging. It was downloading a ringtone;essentially she was surfing the web while driving.

In your opinion, would it have been ok for to have been reading the newspaper?

Her conduct is way beyond the pale, and under the Illinois statute, and the Illinois case law (which I posted above) clearly rises to the level of reckless homocide. At a bare minmium an Illinois jury should have the opportunity to decide that question.
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