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first serrious thread - regaurding the legal issues of street racing
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enferno
http://www.kcra.com/traffic/6685122/detail.html

there's the story

one of my best friends, jason, who was driving the honda, was arrested wtih charges of 2nd degree murder.

street racing is a misdemeanor, but i cannot understand how they managed to squeeze 2nd degree murder out of this.

if any of you have had experiance or know someone who has been through something similiar, i would very much so appreciate information on the legal standing of street racing etc.

edit: please spare me the "oh he's dumb for street racing, he deserves it" i am looking for solutions, not rebuttles of how ignorant he was/is
Boomer187
2nd degree means he didn't kill him but played a role in it I think....something like that. So the charges fit, say good bye to him.



**here it is... 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life.
cheesenip
Sacramento huh. heard about it.

is he willing to plead guilty?
tribu
Hell need a good lawyer who is going to raise the appropriate questions, such as proof that he was actually driving the competitive car, or that they were racing at all. They (state attorneys) are so hell bent on convictions that they hit you with the hardest charges possible in order to get you to plea down. If they can prove some of the basics (he was driving his car in a race, for instance) I would expect that hell get some jail time, perhaps in the 5 year range.

It was an ignorant move, and he deserves some punishment, but a second-degree murder charge is ludicrous imo
Trancealot
hmmm..3 people commited a crime(street racing is a crime right)1 died and 1 is critically injured and 1 escaped unharm. Well out of those 3 people there are all to blame for breaking the law in some way

1)The person that died :( Can't blame him too late.
2)The person in the back seat. He was not driving but took the risk of being in the car and payed for his part of the crime by ending up in the hospital with lots of broken stuff
3) Person who escaped unscathed..well he won the race and his prize is 2nd degree murder.


this is just my theroy.

Then who will the parents blame with the son who died, duhhh

kids will be kids but no one looks out for the people that care for them until its too late
enferno
the way i see it, however, is that both of them mutually agreed to enter the race. just becaue one of them dies, the other gets slapped wtih the murder charge?

doesn't seem illogical to me
tribu
quote:
Originally posted by enferno
the way i see it, however, is that both of them mutually agreed to enter the race. just becaue one of them dies, the other gets slapped wtih the murder charge?

doesn't seem illogical to me


It is illogical. But local and state govt's have been trying tocrack down on street racing for awhile. Hes going to get some jail time, if they can prove he was in the race, but the 2nd Degree charge is just trumped up to get him to plea to something lower, like involuntary manslaughter.
jonSun
quote:
Originally posted by enferno
the way i see it, however, is that both of them mutually agreed to enter the race. just becaue one of them dies, the other gets slapped wtih the murder charge?

doesn't seem illogical to me


I totally agree. When i was 16-18 i was all about street racing. Alot of my weekends consisted of racing. If I were to get in an accident & hurt or die, the last thing I would expect is the guy i was racing to be blamed for it. They both were adults & did it voluntarily.
Boomer187
they see it as, if he did not agree to race, then the other guy would be alive. He enabled an illegal activity that lead to his death.
tribu
Boomer is right. Court cases have held up this line of logic. But don't assume a conviction when the burden of proof is on the state. As long as he doesn't admit to anything, he is fine

SomewhatDamaged
quote:
Originally posted by Nou
Good, street racing is for people with small dicks.


I hope he likes being someones bitch in prison.


not necessarily. but I had a friend that got arrested for street racing. he got a good lawyer and got his sentence lowered to the minimum. I think it was $500 fines. The best advice I can give you is to find a good lawyer, don't settle for a cheap one.
SomewhatDamaged
quote:
Originally posted by Nou
He had a big dick? :crazy:


he did. and he still does.:happy2:
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