General Harley Davidson Chat Forum to discuss general Harley Davidson issues, topics, and experiences.
Sponsored by:
Sponsored by:

Fingernail painter not being charged

Thread Tools
 
Search this Thread
 
  #11  
Old 05-06-2009 | 05:21 PM
DannyZ71's Avatar
DannyZ71
Extreme HDF Member
Joined: Jun 2007
Posts: 12,655
Likes: 17
From: Broken Arrow, Oklahoma
Default

What a sad issue.

Hopefully, the District Attorney will file negligent homicide charges against this driver of the car.

Remember though, if the suspect blurted out to the responding officer that she was painting her nails, and he didn't immediately mirandize her, or never mirandized her, that may not be admissible in court. THAT may be why the Sheriff's Office filed the charges they did, letting the district attorney up the charges after all the evidence is in. Remember, it's a traffic investigation (which is basically a civil matter) up until the victim dies. Only then does it become a criminal investigation.
 
  #12  
Old 05-06-2009 | 05:23 PM
TwiggyAZ's Avatar
TwiggyAZ
Banned
Joined: Oct 2007
Posts: 5,258
Likes: 1
From: AZ
Default

I saw this on the news when I went home for lunch. What a tragic thing to happen. And a reason I keep it in first gear when at a stop and my eyes in the mirrors and looking for an escape route.

I also watched another idiot on the news who was texting while driving a bus for handicapped people, he ran right up the rear of another vehicle.

My thoughts to Anita's family and all bikers who have to be ever so vigilant, because azzholes aren't.
 
  #13  
Old 05-06-2009 | 05:40 PM
xFreebirdx's Avatar
xFreebirdx
Ultimate HDF Member
Joined: Mar 2008
Posts: 7,604
Likes: 38
From: Landrum, SC , elevation 986'
Default

 
  #14  
Old 05-06-2009 | 05:48 PM
jeff.georgalas's Avatar
jeff.georgalas
Outstanding HDF Member
Joined: Apr 2009
Posts: 2,523
Likes: 3
From: Illinois
Default

Originally Posted by Chicago 03 King
Please note that they are doing a Ride-In to her funeral. More details can be found at http://www.chicagolandcruisers.com/f...rial-ride.html or http://www.sport-touring.net/forums/...c,39219.0.html
That intersection is less than 10 miles from my house and I hadn't heard a word about it. I will be going to her ride in. This whole f---ing thing is a travesty, what, is the D.A. related to the woman who caused the accident or what???????????????
 
  #15  
Old 05-06-2009 | 05:50 PM
jamesw's Avatar
jamesw
Road Warrior
Joined: Sep 2008
Posts: 1,627
Likes: 762
Default

Less news coverage, but how about a cager that pulls into your lane to hit you head on?

Still have not heard about any charges in this either except improper lane usage....

http://www.dailyherald.com/story/?id=289177
 
  #16  
Old 05-06-2009 | 06:17 PM
ElectraDave's Avatar
ElectraDave
Road Captain
Joined: Dec 2008
Posts: 582
Likes: 4
From: Central FL
Default

Almost makes me wanna help "paint" her fingernails with a ball pein hammer. WTF is on anyone's mind who does her f&cking nails while drving?
 
  #17  
Old 05-06-2009 | 06:40 PM
rdam's Avatar
rdam
Outstanding HDF Member
Joined: Oct 2006
Posts: 2,263
Likes: 36
From: Georgia Mountains
Default

Originally Posted by DannyZ71
What a sad issue.

Hopefully, the District Attorney will file negligent homicide charges against this driver of the car.

Remember though, if the suspect blurted out to the responding officer that she was painting her nails, and he didn't immediately mirandize her, or never mirandized her, that may not be admissible in court. THAT may be why the Sheriff's Office filed the charges they did, letting the district attorney up the charges after all the evidence is in. Remember, it's a traffic investigation (which is basically a civil matter) up until the victim dies. Only then does it become a criminal investigation.
If she "spontaneously uttered" that she was painting her fingernails, we're good to go. That would be admissable. After that spontaneous utterance, combined with the lack of skid marks, she should have been mirandized. (And very well may have been)

Hopefully, a trained traffic homicide investigator responded and interviewed her.

Even without that, the physical evidence at the scene, and possible witness statements would be enough to move forward with prosecution. In any case, she's gonna' get hammered on the civil side.
 
  #18  
Old 05-06-2009 | 07:01 PM
Trucky911's Avatar
Trucky911
Road Warrior
Veteran: Army
Joined: Nov 2007
Posts: 1,427
Likes: 71
From: Belleville Mi.
Default

I just watched this story on National News. How sad. People just gotta realize that driving takes all their concentration. The ones that get me are the ones watching a small TV while driving. Unbelievable.....


Trucky911
 
  #19  
Old 05-06-2009 | 07:16 PM
tallboy56's Avatar
tallboy56
Road Master
Joined: Aug 2007
Posts: 886
Likes: 2
From: NC Mountains
Default

Yeah, this story was part of ABC evening news about drivers reading and doing other things except paying attention to their driving. I don't really care for lawyers but if I were that lady's son, I'd get one.
 
  #20  
Old 05-06-2009 | 07:19 PM
xxxflhrci's Avatar
xxxflhrci
Extreme HDF Member
Joined: Sep 2006
Posts: 10,033
Likes: 25
Default

Originally Posted by ToastedGoat
It looks like it will be left up to the state for prosecution.l.
Exactly. Just because she hasn't been charged doesn't mean that she won't charged. They are likely just getting their ducks in a row doing a complete investigation before they charge her.

I've personally been involved in cases that took nearly a year before charges were filed.
 



All times are GMT -5. The time now is 11:42 PM.