Driver on trial for Falsifying logs and driving while fatigued

Discussion in 'Trucking Accidents' started by Studebaker Hawk, Feb 24, 2015.

  1. davo727

    davo727 Bobtail Member

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    Sep 29, 2014
    Cleveland, Texas
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    I used to be from illinois
     
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  3. BrianE

    BrianE Light Load Member

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    Livingston Texas
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    Me too. I live just north of you now. Been in this state for 30+ years and never looked back.
     
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  4. KW Cajun

    KW Cajun Road Train Member

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    Copperhead Road
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    I went by that wreck last year, but I was on the W/B side (wreck was on E/B side). Happened near the Eola Rd exit.
    What a mess I recall, not much recognizable and at the time I had no idea a trooper's vehicle was also involved.

    I don't understand one bit how the DA can simply say that reckless homicide charges won't hold up "the way the law is written".
    I'd sure like to know specifically WHY and what wording in the law prevents this?

    And yes, the whole state of Illinois is "controlled & run" by the corrupt cesspool of Chicago.
    Heck, even Al Capone was more akin to Mother Theresa, if you compare him to Chicago politics/corruption.
     
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  5. double yellow

    double yellow Road Train Member

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    State of Jefferson
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    It is a bizarre statute. By definition, any death caused by a vehicle is excluded from "involuntary manslaughter" and can only be tried as "reckless homicide." But by definition, it is only "reckless homicide" if a vehicle becomes airborne:

     
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  6. joseph1135

    joseph1135 Papa Murphy

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    The Highway To Hell.
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    It's simple. New Jersey has a state law regarding fatigued driving. The Walmart driver was breaking the law (I know, killing someone is against the law too) because he was operating a motor vehicle while fatigued. It's called Maggie's Law.

    http://www.safemotorist.com/NewJersey/Driving/drowsy_driving.aspx

    If someone dies in an accident because you were driving without sleep, the fines can be $150,000 and ten years in prison. Add the speeding in a work zone over 20 mph, and that's how he got serious charges.
     
  7. rickybobby

    rickybobby Road Train Member

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    greensboro, nc
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    Jr is in prison.
     
  8. KW Cajun

    KW Cajun Road Train Member

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    Copperhead Road
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    DY,, I looked up the statute via Google also, but either we are misinterpreting it or 'missing something', as the need for the vehicle to be airborne is clearly incorrect.
    I know of several cases from the past where the driver was charged/convicted of reckless homicide and altho gross negligence was always involved, never were the vehicles "airborne" at any time.

    I wish I could remember case details (names, etc) so I could show you, but I find in all lawyer references to reckless homicide NOTHING that requires a vehicle to be airborne.

    Here are 3 such references:
    http://mjblawoffices.com/criminal-law/vehicular-homicide/
    http://www.ericksonandoppenheimer.com/blog/reckless-homicide-vehicular-homicide/
    https://www.chicagocriminallawyer.pro/reckless-homicide.html
     
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  9. Lepton1

    Lepton1 Road Train Member

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    Yukon, OK
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    ... oh.... I just thought they were piling on.
     
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