just a update on this case

[rick37]

This is the case that i remembered from earlier this year. I know there is a post started already but I forget where it was but anyways here is the link to the court records show that the pretrial is not until January, It keeps getting postponed what the f**K, http://court.lebanonohio.gov/cgi-bin/mcaseno.cgi?num=0900928⊂=&pre=CRB&type=CR&acc=&showbd=

From what i remember she ran a stop sign while either texting or talking on her cell phone and killed a motorcyclist. I am just in disbelief.

[rick37]

just a bump I tried to find the original post about this case but I can't.

And yet it was postponed again,She might get to trial sometime in the next few years or maybe not.

[Scruit]

Original thread is here: http://www.ohio-riders.com/showthread.php?t=32212

Her next pretrial hearing is scheduled 2010-03-15 13:00

[Scruit]

This is the case that i remembered from earlier this year. I know there is a post started already but I forget where it was but anyways here is the link to the court records show that the pretrial is not until January, It keeps getting postponed what the f**K, http://court.lebanonohio.gov/cgi-bin/mcaseno.cgi?num=0900928⊂=&pre=CRB&type=CR&acc=&showbd=

From what i remember she ran a stop sign while either texting or talking on her cell phone and killed a motorcyclist. I am just in disbelief.

I'm not aware she ran a stop sign. The version I heard was that she made a left turn into the path of the motorcycle while getting directions from a person she was talking to on a cellphone. I'm not aware of any suggestion that the rider's speed and/or the visibility down the road played any part - so it's just a question of whether the use of the phone makes her criminally responsible for the rider's death.

There was some mention of a toxicology report in the docket entries, however I'm not aware of any suggestion that either driver was under the influence of drink or drugs.

Of course there's always more to the story than the media portrays. And sometimes, less.

[redkow97]

it's just a question of whether the use of the phone makes her criminally responsible for the rider's death.

she might be criminally responsible anyway. She did break the traffic law... I haven't looked at OH's homicide statues, but it could be a question of murder vs. manslaughter.

the real question will be whether or not using a phone makes her "extremely reckless" (could mean murder) and acting with disregard for human life. The court will have to consider local custom as well, so I doubt they'll be so bold as to say "everyone who uses a phone while driving is automatically being criminally reckless."

i'm on a conference call at work, but I'll try to pull up the OH statutes before I leave...

[rick37]

You have got to be kidding me this bitch only got 5 years probation and 100 hrs com. service.

[jagr]

Fuck that.

[HomeSlice]

Conviction Date: 05/10/2010

Dft's Plea: No Contest

Dft. Found: G Fine Amt.: 750.00

Susp.:

Costs Amt.: 80.00

Susp.:

Jail Time: 90

Susp.: 90

O.L. Susp. From: 08-06-2009

O.L. Susp. To: 08-06-2011 Dispo.: 8-20-09 NOT GUILTY PLEA; O R BOND;

4/5/10 PSI ORDERED

5-10-2010 5 YRS PROBATION, OCC PRIV, 100 HOURS COMMUNITY SER

VICE, NO CELL PHONE USE OR POSSESSION.OCC PRIV

[SJC1000rr]

All that tells me anymore is that if your going to kill someone, do it in your car talking on the cell phone. Then make sure you never mention it to anyone so that it can't be proven as premeditated....

[RFM]

All that tells me anymore is that if your going to kill someone, do it in your car talking on the cell phone. Then make sure you never mention it to anyone so that it can't be proven as premeditated....

Would that be expert legal advise?

I got into more trouble driving with an expired license. $750 fine and 90 day suspended sentence... Crass is the only way to describe it.

[CBRunninfast]

she might be criminally responsible anyway. She did break the traffic law... I haven't looked at OH's homicide statues, but it could be a question of murder vs. manslaughter.

the real question will be whether or not using a phone makes her "extremely reckless" (could mean murder) and acting with disregard for human life. The court will have to consider local custom as well, so I doubt they'll be so bold as to say "everyone who uses a phone while driving is automatically being criminally reckless."

i'm on a conference call at work, but I'll try to pull up the OH statutes before I leave...

while this incident is unfortunate at best, a "murder" charge is out of the question. That charge requires a "mens rea" , or latin for intent, which wasn't the case, and even 1st degree manslaughter (the 2nd highest homicide charge) wouldn't apply here because again, no intent. She was likely charged with involuntarily manslaughter which involves no intent but a reckless disregard for human life.