also, does the neon driver have a previous criminal record? this may influence the outcome of the case (if there is one)
[quote=Oasis24-7;968345] My ability of reason tells me that if we are going to throw the book at him then get out two more because the sales rep and the finance girl might as well get sized up for their orange jump suit. You know what every dealership should have a driving test for every customer that buys a car. hey let me get you in this fast, heavy, and very poor handling car that you cant drive, don’ worrie you will be fine :roll:$$$. Lets say he stalled in front of a semi and died whos fault is that. Whats next seriously am i going to get tickets for cursing like in that movie with selvester stallone. If you all want boring live without individual choice and “freedom” let me kno im moving to an island where i can take risks!
To an extent (this is said to make a point not to sound like a badass. i do not promote drunk driving ect…)
ps. more cliff notes just for you (i am not saying the dealership is responsable) READ SLOWER
It isn’t
I wasn’t referring to their business practices. Just Torq"s attitude. I’m a firm believer in personal responsibility- I screwed up instead of its not my fault.
Wow.
For all they knew, he was buying the car to store in a garage for 50 years.
Honestly, this statement alone is enough that you should be banned from this thread. STFU and go sit in the corner for your complete lack of understanding of the law. There are countless ways to be charged with homicide without premeditation.
Anyway, I’m out of this thread since it’s clear it has become a complete and utter failure at it’s original goal of getting people to think about the risks with street racing… All the selfish and immature morons are going to continue to street race because they clearly have reasoned within their tiny little minds that this could never happen to them. All this despite having so many legal options to race.
SCCA autocross
SCCA rallycross
SCCA club racing
BMW CCA events @ Batavia Gocart Track
1/8th mile @ Lancaster
1/4 mile @ Leicester
1/4 mile @ TMP
Roadcourse @ TMP
Roadcourse @ Dunnville
Roadcourse @ Watkins
Roadcourse @ Beaverun
Roadcourse @ Mid Ohio
Roadcourse @ Mosport
Roadcourse @ Nelson Ledges
I can hear the excuses already. “Those all cost money”. “Those all take too much time”. “I just wanna go out and race”.
But yeah, putting other people at risk on a public street, and putting yourself and your family at risk for a huge financial and legal nightmare is fine. Ah, the selfishness of immaturity at it’s finest.
/rant
Based on what some people are saying, then the insurance agent be held liable for this accident since they insured the victim.
(No, I don’t think they should be)
I think people should be held liable for their actions and the blame should stop trickling down to others.
no matter how many people are killed, no matter how many laws are passed, as long as a car can do the speeds, people will push them and will challenge each other to a street race. Do you think kids in Cali are not street racing anymore because if they get caught their car will be crushed? No, they just find better places to do it.
I think the point is charging the salespeople makes as much sense as charging the other driver. It just goes along with the “sue everyone” attitude…everyone who had a hand in it is to blame, not the person whose sole fault it was because they have been turned into a victim.
As its been said before, they are ridiculous charges.
I don’t know the deceased but He let his GF in the car, he pressed the gas pedal.
Fuck what ever everyone is trying to interpret the law as. You are in charge of your life, you take the risk that you want.
Fuck what the law says.
So much fucking speculation. I didn’t know you were all lawyers who were riding shotty in the Neon and were there when the kid talked to the police. Must be nice to know everything.
x2, this thread could go on forever with a million different opinions/views,
street racing isnt smart/safe and even if they make this kid and 1 out of every 2 drivers an “example” it is still going (racing) to continue, its natural instinct to just be in the wrong or right state of mind for that matter and flex some nuts on the road, not smart but o well
Legal analysis of murder:To repeat, a common law murder is defined as the unlawful killing of a human person with malice aforethought
Degrees of murder
- Murder - (10 to 20 years) Killing a person when no aggravating circumstances apply.
- Qualified murder (15 to 25 years). Aggravating circumstances: a) with premeditation b) concerning a material interest c) against spouse or close relative d) taking advantage of victim’s impossibility of self-defence e) when putting in danger the lives of multiple persons f) concerning job attributions of the victim g) for facilitating or hiding another crime h) in public
- Extremely grave murder (15 to 25 years or life imprisonment). Aggravating circumstances: a) committed in a cruel way b) against two or more persons c) by a person who had already committed a murder d) in order to hide a robbery e) against a pregnant woman f) against a policeman, gendarme, magistrate or soldier (in connection with their public duties)
- Negligent or accidental murder (1 to 5 years in simple form). Aggravating circumstances: a) Caused by a professional in connection with his job for not respecting the legal dispositions (2 to 7 years) b) By a vehicle driver with blood alcohol concentration (BAC) above legal limits or in a drunk state (5 to 15 years) c) By a professional in a drunk state - in connection with his job duties (5 to 15 years) d) When causing the death of two or more persons (5 to 15 years)
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Infanticide (2 to 7 years).[
Murder
The second scheme, used by New York among other states, as well as the Model Penal Code:
- First Degree Murder: Murder involving special circumstances, such as murder of a police officer, judge, fireman or witness to a crime; multiple murders; and torture or especially heinous murders. Note that a “regular” premeditated murder, absent such special circumstances, is not a first-degree murder; murders by poison or “lying in wait” are not per se first-degree murders. First degree murder is pre-meditated. [54] However, the New York Court of Appeals struck down the death penalty as unconstitutional in the case of People v. Taylor.[55]
-
Second Degree Murder: Any premeditated murder or felony murder that does not involve special circumstances
Death By Dangerous Driving
Road Traffic Act 1991, s 1, defines the offences of causing death by dangerous driving and dangerous driving:
A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence. A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence. A person is also to be regarded as driving dangerously if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous which includes considering anything attached to or carried on or in it, and to the manner in which it is attached or carried.
In this context, “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining what would be expected of, or obvious to, a competent and careful driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused. In Attorney General’s Reference (No 4 of 2000) (2001)
Okay, Someone please tell me how the neon driver could be CONVICTED of any of these crimes?
The Neon driver DID NOT KILL TWO PEOPLE. THE NEON DRIVER IS NOT THE REASON THERE IS A MEMORIAL IN FRONT OF THE ANDERSONS’ PARKING LOT.
Two Lives have already been taken away, along with those parents of the kids who died. There is no need to ruin another.
I dunno, the homicide detectives that originally worked on the dejack case are still convinced shes guilty, or knows more than what she claims. As for capozzi, I do feel bad for him, but what can you do? blame it all on the DA? How? He was a previously convicted sex offender that matched the exact profile of sanchez, and on top of that I think he had bipolar disease.
As for the manslaughter charge thats bullshit, the kid lost control of his own car. I mean the kid should be punished, but punished for street racing, not the kids life.
I was there when mark drove the car at our dealership. He could drive the vehicle, there was no way for us to know he couldn’t handle the vehicle. We do not have performance demos to test abilities. It’s sad that he pushed the car and his driving abilities too far. RIP
i knew melanie page, sucks, she was a cool girl.
Regardless of whether or not you agree or disagree with this, be advised - this is how WNY can respond to street racing.