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Plea Bargaining Run Amok

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  • #16
    The thing that always makes me think twice before getting behind the wheel no matter how good I "feel" is that if I know I'm somewhere near the red line, all the careful driving in the world by me will do me no good if some other moron who's just a bad driver decides to whack into me. I'll take the fall.

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    • #17
      I've become a fan of taxis when out on the town . . .

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      • #18
        Originally posted by jazzcyclist
        Originally posted by Bruce Kritzler
        And then there's 30 days(?) for Donte Stallsworth after DUI and killing a guy with his car, in Miami.
        The thing to remember is that the pedestrian caused the accident, not Stallworth. Stallworth didn't pass out at the wheel, didn't run a stop sign or red light and didn't lose control of his vehicle. It was the pedestrian who ran out in the middle of traffic on a major boulevard in order to try and catch a bus. His blood alcohol level was 0.12%, and that's what did him in, because if he had been at 0.08%, I doubt that he would have charged at all. The bottom line is that even if you get rear-ended while sitting at a red light, you'll get charged if you're drunk and the person that rear-ended you dies.
        The pedestrian angle is interesting because different parts of the country tend to look at entering the roadway on foot from different viewpoints. I grew up in NYC. You didn't dare step off the curb without ensuring there wasn't a car headed right at you and drivers tend to treat pedestrians in that fashion. In Florida I see people step off a curb without even taking a glance. The expectation is that the car will stop I suppose. I'm not saying the pedestrian in this case is at fault but there's no way I'm out in the street without being very aware of what's around me. One reason I don't like any sort of listening device while running. So much is dependent upon hearing what's about to run you over.

        As to Stallworth...he committed a crime and in the process someone died. That seems as if a stiffer sentence may have been in order. I do have some questions with some of the application of the DUI laws and sentencing for violations of such however this one I thought the offender got away with it a bit.

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        • #19
          Originally posted by Dutra
          As to Stallworth...he committed a crime and in the process someone died. That seems as if a stiffer sentence may have been in order. I do have some questions with some of the application of the DUI laws and sentencing for violations of such however this one I thought the offender got away with it a bit.
          The only thing I have a problem with is the fact that his charges had nothing to do with his driving. He wasn't charged with vehicular manslaughter until a couple of weeks after the fact when the test results came back. If he had run a red light, crossed the center line or drove on the sidewalk after passing out at the wheel, he would have been charged with vehicular manslaughter on the spot, not weeks later. We don't treat criminals who steal five dollars the same way we treat criminals who steal a million dollars. Why do we treat drivers who are slightly above 0.08%, but still functional, the same way we treat a driver who is 0.30% and can't even walk in a straight line?

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          • #20
            Originally posted by jazzcyclist
            Originally posted by Dutra
            As to Stallworth...he committed a crime and in the process someone died. That seems as if a stiffer sentence may have been in order. I do have some questions with some of the application of the DUI laws and sentencing for violations of such however this one I thought the offender got away with it a bit.
            The only thing I have a problem with is the fact that his charges had nothing to do with his driving. He wasn't charged with vehicular manslaughter until a couple of weeks after the fact when the test results came back. If he had run a red light, crossed the center line or drove on the sidewalk after passing out at the wheel, he would have been charged with vehicular manslaughter on the spot, not weeks later. We don't treat criminals who steal five dollars the same way we treat criminals who steal a million dollars. Why do we treat drivers who are slightly above 0.08%, but still functional, the same way we treat a driver who is 0.30% and can't even walk in a straight line?
            I think he pled to DUI manslaughter which is different than vehicular manslaughter.

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            • #21
              I'm sure the financial settlement with the victim's family had a lot to do with their agreeing with the terms of the plea bargain.

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              • #22
                I'm sure the financial settlement with the victim's family had a lot to do with their agreeing with the terms of the plea bargain.

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                • #23
                  Re: Plea Bargaining Run Amok

                  Originally posted by bad hammy
                  Guy gets 20 years for raping a 4-year-old repeatedly over a four month period, with 19 years suspended. Net one year of jail time.

                  http://www.transworldnews.com/NewsStory ... 290&cat=14
                  This popped up on the front page of the Daily Oklahoman again today. Seems the DA had a weak case, no evidence irrefutably linked to the defendant and the 4 year old victim and her 5 year old brother proved unreliable as witnesses. DA was afraid the guy would walk in a jury trial and did the plea with victim's family approval before the defendants daugher surfaced alleging her father raped her as a child. The defendant has been held in county jail, where he will remain until released in September. He will not be transferred to the State prison to finish his sentence. I suspect,authorities don't like his chances of staying alive that long in the general prison population..

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                  • #24
                    Re: Plea Bargaining Run Amok

                    Originally posted by lonewolf
                    Originally posted by bad hammy
                    Guy gets 20 years for raping a 4-year-old repeatedly over a four month period, with 19 years suspended. Net one year of jail time.

                    http://www.transworldnews.com/NewsStory ... 290&cat=14
                    This popped up on the front page of the Daily Oklahoman again today. Seems the DA had a weak case, no evidence irrefutably linked to the defendant and the 4 year old victim and her 5 year old brother proved unreliable as witnesses. DA was afraid the guy would walk in a jury trial and did the plea with victim's family approval before the defendants daugher surfaced alleging her father raped her as a child. The defendant has been held in county jail, where he will remain until released in September. He will not be transferred to the State prison to finish his sentence. I suspect,authorities don't like his chances of staying alive that long in the general prison population..
                    I, on the other hand, like those chances very, very much. I am pretty sure, you do, too.
                    "A beautiful theory killed by an ugly fact."
                    by Thomas Henry Huxley

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                    • #25
                      Update. The perp, contrary to previous reports, has been transferred to the State Prison to complete his sentence but is segregated from the general population for his safety.

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                      • #26
                        Stallworth wasn't just drunk, he was over the speed limit. Or at least that's how the police had it.

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                        • #27
                          Originally posted by lonewolf
                          Update. The perp, contrary to previous reports, has been transferred to the State Prison to complete his sentence but is segregated from the general population for his safety.
                          :cry: :evil:
                          "A beautiful theory killed by an ugly fact."
                          by Thomas Henry Huxley

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                          • #28
                            AdSeg`s saving grace for shorteyes is COs do not like to confiscate fifi`s.
                            Tom Hyland:
                            "squack and wineturtle get it"

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