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What's it take 2B Criminaly Charged in Forida 4 Killing with a car?



 
 
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  #11  
Old February 1st 20, 06:18 AM posted to rec.bicycles.tech
jOHN b.
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Posts: 2,421
Default What's it take 2B Criminaly Charged in Forida 4 Killing with a car?

On Fri, 31 Jan 2020 21:42:01 -0600, AMuzi wrote:

On 1/31/2020 9:33 PM, John B. wrote:
On Fri, 31 Jan 2020 21:04:40 -0600, AMuzi wrote:

On 1/31/2020 8:23 PM, Sir Ridesalot wrote:
On Friday, 31 January 2020 21:18:43 UTC-5, Sir Ridesalot wrote:
Geeze, I'm glad I don't live in Florida! It seems as though bicyclists and/or pedestrians are fair game down there if they're killed by a motor vehicle. Here's yet another case where criminal charges will NOT be laid against the drive of a vehicle that killed someone. This even though the driver drove his car through a red light.

https://www.wctv.tv/content/news/Ped...567422241.html

Cheers

Oops! Forgot to include this from the article:

"Authorities say an investigation concluded a driver ran the red light at a pedestrian cross walk in the 1000 block of West Tennessee and struck Nickchen, who was in the crosswalk.

Officials say the driver will not be criminally charged and will be issued the "appropriate citations."'


not only Florida
https://newyork.cbslocal.com/2020/01...d-in-brooklyn/

https://www.jsonline.com/story/news/...un/4627225002/

And sadly your 'not charged' is roughly equivalent to the
usual outcome after plea-to-reduced or community service or
whatever.


In your first reference the news clip says that the crash is being
investigated.

In your second reference the article states that the driver was
charged with the crime of hit and run causing a death and is on bail
awaiting trial.

No mention, yet, of not being charged.
--
cheers,

John B.


??
Sir's quote (FL) includes his main point 'not charged'

My links (this morning and last weekend) will most probably,
as I suggested above, have roughly the same result to the
driver- greatly reduced charges or some negligible fine/service.


If you are referring to the first reference, above, then you are not
correct. The article says "Officials say the driver will not be
criminally charged and will be issued the "appropriate citations."

As I said in a reply to Sir, it may well be a factor of the Florida
law code and mentioned A.J. Simpson who was never convicted of a
criminal offense but was convicted of a civil offense (I guess you
might call it).
--
cheers,

John B.

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  #12  
Old February 1st 20, 06:30 AM posted to rec.bicycles.tech
jOHN b.
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Posts: 2,421
Default What's it take 2B Criminaly Charged in Forida 4 Killing with a car?

On Fri, 31 Jan 2020 21:38:20 -0600, AMuzi wrote:

On 1/31/2020 9:20 PM, John B. wrote:
On Fri, 31 Jan 2020 18:18:41 -0800 (PST), Sir Ridesalot
wrote:

Geeze, I'm glad I don't live in Florida! It seems as though bicyclists and/or pedestrians are fair game down there if they're killed by a motor vehicle. Here's yet another case where criminal charges will NOT be laid against the drive of a vehicle that killed someone. This even though the driver drove his car through a red light.

https://www.wctv.tv/content/news/Ped...567422241.html

Cheers


I think that you may be getting into the area of what the state law
defines as a criminal act. Remember O.J. Simpson? Not convicted of any
criminal charge but was convicted of wrongful death.
--
cheers,

John B.


nope.
He lost a suit in civil court where the standard for a
decision is radically different.


Which is essentially what I said. He was charged with two counts of
murder, if I recall, and the case was never proved and subsequently
charged with causing an wrongful death which is a civil penalty

And yes, a murder verdict is supposedly much more stringent than a
verdict for wrongful death.

Types of wrongful death claims
Any fatality caused by the wrongful acts of another may result in a
wrongful death claim. Wrongful death claims are often based upon death
resulting from negligence...

--
cheers,

John B.

  #13  
Old February 1st 20, 02:32 PM posted to rec.bicycles.tech
AMuzi
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Posts: 13,447
Default What's it take 2B Criminaly Charged in Forida 4 Killing witha car?

On 1/31/2020 10:56 PM, Andre Jute wrote:
On Saturday, February 1, 2020 at 3:38:39 AM UTC, AMuzi wrote:
On 1/31/2020 9:20 PM, John B. wrote:
On Fri, 31 Jan 2020 18:18:41 -0800 (PST), Sir Ridesalot
wrote:

Geeze, I'm glad I don't live in Florida! It seems as though bicyclists and/or pedestrians are fair game down there if they're killed by a motor vehicle. Here's yet another case where criminal charges will NOT be laid against the drive of a vehicle that killed someone. This even though the driver drove his car through a red light.

https://www.wctv.tv/content/news/Ped...567422241.html

Cheers

I think that you may be getting into the area of what the state law
defines as a criminal act. Remember O.J. Simpson? Not convicted of any
criminal charge but was convicted of wrongful death.
--
cheers,

John B.


nope.
He lost a suit in civil court where the standard for a
decision is radically different.


The thriller writer Len Deighton called LA the "Insane Ward". The trials of OJ are the perfect capsule demonstration of the truth of his observation.

Andre Jute
The only workable prescription is electro-shock treatment



He was acquitted because the evidence had passed through a
perjurer, Furman. It's not complex nor specific to California.

--
Andrew Muzi
www.yellowjersey.org/
Open every day since 1 April, 1971


  #14  
Old February 2nd 20, 10:56 AM posted to rec.bicycles.tech
Andre Jute[_2_]
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Posts: 10,422
Default What's it take 2B Criminaly Charged in Forida 4 Killing with a car?

On Saturday, February 1, 2020 at 1:32:26 PM UTC, AMuzi wrote:
On 1/31/2020 10:56 PM, Andre Jute wrote:
On Saturday, February 1, 2020 at 3:38:39 AM UTC, AMuzi wrote:
On 1/31/2020 9:20 PM, John B. wrote:
On Fri, 31 Jan 2020 18:18:41 -0800 (PST), Sir Ridesalot
wrote:

Geeze, I'm glad I don't live in Florida! It seems as though bicyclists and/or pedestrians are fair game down there if they're killed by a motor vehicle. Here's yet another case where criminal charges will NOT be laid against the drive of a vehicle that killed someone. This even though the driver drove his car through a red light.

https://www.wctv.tv/content/news/Ped...567422241.html

Cheers

I think that you may be getting into the area of what the state law
defines as a criminal act. Remember O.J. Simpson? Not convicted of any
criminal charge but was convicted of wrongful death.
--
cheers,

John B.


nope.
He lost a suit in civil court where the standard for a
decision is radically different.


The thriller writer Len Deighton called LA the "Insane Ward". The trials of OJ are the perfect capsule demonstration of the truth of his observation.

Andre Jute
The only workable prescription is electro-shock treatment



He was acquitted because the evidence had passed through a
perjurer, Furman. It's not complex nor specific to California.

--
Andrew Muzi
www.yellowjersey.org/
Open every day since 1 April, 1971


Whatever else he may be, OJ is still one of my favourite actors. His work in the hilarious Naked Gun series of films was inspired.

Andre Jute
Cancel culture? In your face.
  #15  
Old February 3rd 20, 03:47 AM posted to rec.bicycles.tech
pH
external usenet poster
 
Posts: 77
Default What's it take 2B Criminaly Charged in Forida 4 Killing with a car?

On Friday, January 31, 2020 at 6:18:43 PM UTC-8, Sir Ridesalot wrote:
Geeze, I'm glad I don't live in Florida! It seems as though bicyclists and/or pedestrians are fair game down there if they're killed by a motor vehicle. Here's yet another case where criminal charges will NOT be laid against the drive of a vehicle that killed someone. This even though the driver drove his car through a red light.

https://www.wctv.tv/content/news/Ped...567422241.html

Cheers


Not just Flor-ee-da.

I still recall some two decades ago where one Kathy Miller, on a two mile or so perfectly straight stretch of Highway 152 leading from the winery she departed towards Gilroy, mowed down and killed four bicyclists while she was turned 'round reaching in back for a cassette tape in the car she had borrowed to make the trip.

She ended up with 90 days probation because, to paraphrase the newspaper article, "Just think how bad she will feel for the rest of her life."

This has led to me writing periodic letters to the editor over the years asto how one could kill his enemy with perfect impunity if he simply waited until said enemy was on a bicycle and then run him down. It really seems to be true.

pH in Aptos

  #16  
Old February 3rd 20, 10:53 AM posted to rec.bicycles.tech
Andre Jute[_2_]
external usenet poster
 
Posts: 10,422
Default What's it take 2B Criminaly Charged in Forida 4 Killing with a car?

On Monday, February 3, 2020 at 2:47:58 AM UTC, pH wrote:
On Friday, January 31, 2020 at 6:18:43 PM UTC-8, Sir Ridesalot wrote:
Geeze, I'm glad I don't live in Florida! It seems as though bicyclists and/or pedestrians are fair game down there if they're killed by a motor vehicle. Here's yet another case where criminal charges will NOT be laid against the drive of a vehicle that killed someone. This even though the driver drove his car through a red light.

https://www.wctv.tv/content/news/Ped...567422241.html

Cheers


Not just Flor-ee-da.

I still recall some two decades ago where one Kathy Miller, on a two mile or so perfectly straight stretch of Highway 152 leading from the winery she departed towards Gilroy, mowed down and killed four bicyclists while she was turned 'round reaching in back for a cassette tape in the car she had borrowed to make the trip.

She ended up with 90 days probation because, to paraphrase the newspaper article, "Just think how bad she will feel for the rest of her life."

This has led to me writing periodic letters to the editor over the years asto how one could kill his enemy with perfect impunity if he simply waited until said enemy was on a bicycle and then run him down. It really seems to be true.

pH in Aptos


It makes you wonder whether thee legal system and its apparatchiks consider cyclist to be a sub-citizen or even a sub-human class.

Andre Jute
Disgusted, Ruislip
 




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