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Drunken driver with suspended license not guilty in fatal cycle accident


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Jury explains why they found drunken driver with suspended license not guilty in fatal crash

http://www.mlive.com/news/grand-rapids/index.ssf/2010/07/jury_explains_why_they_found_d.html

Summary: Guy with trace THC (weed) levels, plus BAC of 0.09, plus suspended license found not guilty of killing motorcyclist by turning in front of him because motorcyclist "caused his own demise" by speeding.

And, discuss.

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Sounds like the jury was a true jury of the defendant's peers. I'd bet none of them ride a motorcycle or if they do they ride cruisers. Impaired, at night it is very difficult to judge distance and speed. The accident would have happened even if the motorcyclist had been going 20 MPH slower.

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Sounds like the jury was a true jury of the defendant's peers. I'd bet none of them ride a motorcycle or if they do they ride cruisers. Impaired, at night it is very difficult to judge distance and speed. The accident would have happened even if the motorcyclist had been going 20 MPH slower.

there may have been pre trial, but the lawyer threw them out with the "questioning" pre-jurors go through.

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Okay, here's my thoughts. The guy had traces of THC and a BAC of .09. That is hard evidence. To guess the motorcyclists speed after a wreck is not an exact science and cannot be determined exactly.

The guy had a suspended license and should not have been there in the first place. He'll be right back out on the road again.

This is one reason I avoid driving and never ride the bike at 2am.

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errr... I avoid driving downtown in Grand Rapids at 2am...

Been pretty successful so far with that.

The rider rode with the Grand Rapids Ruff Ryders.

That might have come out in the trial.

A group of sport bikes that ride wearing matching camo.

"Loved by few, hated by many, respected by all."

Just a social group, but 10+ chapters around.

http://www.grandrapidsruffryders.com/

http://www.facebook.com/grandrapids.ruffryders

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Another reason to hate Michigan. Grand Rapids is filled with a bunch of Dutch yuppies that are about as bad as the people in Ann Arbor. I'm definitely sure they're more worried about people speeding than someone who violated three distinct laws at one time.

Fuck Michigan.

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This Just angers me, yes we take chances everytime we strap on the helmet but every single one of us has speed on our bikes but this stupid piece of shit had no legal right to be on the road in the first place, he will get his in the end, shotin drug deal or kills himself or someone else again.

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Sounds like the jury was a true jury of the defendant's peers. I'd bet none of them ride a motorcycle or if they do they ride cruisers. Impaired, at night it is very difficult to judge distance and speed. The accident would have happened even if the motorcyclist had been going 20 MPH slower.

Ugh. People who ride cruisers are total dicks.

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Exactly my point, plus they have very little knowledge about motorcycling except that they are supposed to stop at the next bar when they go out slowly riding around.

Only true when you're talking about the majority of non-metric cruiser riders. :D

This article is proof yet again that motorcyclists don't have the same rights and protections under the law as car drivers / passengers. I always say, if you want to kill someone, run them down on their motorcycle, take the slap on the wrist, and you can literally get away with murder.

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the article doesn't say what they charged the driver with as far as the rider's death. It could have been anything from reckless endangerment to vehicular homicide, to voluntary manslaughter. If the prosecution went for a heavy charge that they couldn't back up, it's very possible that the jury made the RIGHT decision.

You're not going to get an argument from me that it's wrong to be driving under suspension and while drunk, but say I'm wasted and driving under suspension and stopped at a red light, and a rider plows into the back of my car; am I responsible?

it sounds like that's essentially what happened here. The driver made a legal left-hand turn. The collision wouldn't have occurred if the rider hadn't been speeding excessively. say he wasn't drunk and had a license, but he hadn't been wearing his seat belt. Is the driver still responsible then? He's still breaking the law.

Oh, and the civil suit is what's going to get the victim's family $$ anyway.

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it sounds like that's essentially what happened here. The driver made a legal left-hand turn. The collision wouldn't have occurred if the rider hadn't been speeding excessively. say he wasn't drunk and had a license, but he hadn't been wearing his seat belt. Is the driver still responsible then? He's still breaking the law.

i was under the impression that it does not matter if oncoming traffic is going 10 mph or 100 mph. you still have to yield to them before making your left?

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I don't know the Michigan code, but ORC 4511.42:

4511.42 Right-of-way rule when turning left.

(A) The operator of a vehicle, streetcar, or trackless trolley intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle, streetcar, or trackless trolley approaching from the opposite direction, whenever the approaching vehicle, streetcar, or trackless trolley is within the intersection or so close to the intersection, alley, private road, or driveway as to constitute an immediate hazard.

(B) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree. Effective Date: 01-01-2004

@ 75mph you're traveling 110 fps

@ 45 mph you're traveling 66fps

How long does it take to make a left turn? 2-3 seconds? So, the bike would've traveled 200ft @ the speed limit or 330ft @ 75mph (approximately 1 football field)... over the ENTIRE execution of the turn

But during the trial, defense attorney Jeffrey O'Hara challenged the conclusions reached by Grand Rapids Police and worked to convince the jury the spatter pattern from automobile fluids and the damage to the front-end of the 2003 Ford Mustang showed Windom had not pulled in front of Ray.
...meaning the driver had barely began executing the turn if the cyclist hit the front of the vehicle. So, the guy turned left in front of the bike with less than 200ft between them.

Math doesn't lie. The only argument (beyond the fact the guy wasn't even supposed to be on the road to begin with) is if the motorcycle being < 200ft away constitutes "an immediate hazard" -- which is apparently what the courts would have to decide (if it was in Ohio).

Oh, and the civil suit is what's going to get the victim's family $$ anyway.

Not to judge, but methinks it'll be hard getting blood outta that turnip.

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Exactly my point, plus they have very little knowledge about motorcycling except that they are supposed to stop at the next bar when they go out slowly riding around.

I was being sarcastic. Maybe it's south west Ohio, but every experienced biker I know rides a cruiser

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