Driver on trial for Falsifying logs and driving while fatigued
Discussion in 'Trucking Accidents' started by Studebaker Hawk, Feb 24, 2015.
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Me too. I live just north of you now. Been in this state for 30+ years and never looked back.davo727 Thanks this.
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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. -
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:
25(2)+2 Thanks this. -
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. -
Jr is in prison.
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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.html25(2)+2 Thanks this. -
... oh.... I just thought they were piling on.TruckDuo Thanks this.
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