Hit and Run is fine, if you're an Investment Banker...

[RFM]

I know this isn't a bicycling forum, but several of you ride bicycles. Plus, it's dangerous out there on two wheels, when facing idiots in cars, road rage, and of course- nail polish touch ups. Brotherhood, just of a different stripe. And haters are just pissed because they can't make spandex look good...

The first call that this douche made after coming to a stop after hitting somebody was to the Mercedes helpline to report damage.

http://www.dailymail.co.uk/news/article-1327323/Morgan-Stanley-financial-adviser-escapes-felony-charges-hit-run-jeopardise-job.html

[Disclaimer]

I guess I understand not wanting to take his ability to pay restitution away...

If you had to choose who you were going to be felony hit-and-run by... an investment banker isn't a bad choice.

But, when you can't pay, they'll take it out of your ass, literally, in blue collar "pound you in the ass" prison.

Edited November 8, 2010 by JRMMiii

[ReconRat]

No justice here. The courts smell cash, and are going after it.

[natedogg624]

so anybody in theory could commit a felony and be not charged because it'd be detrimental to their future.

[ReconRat]

There are cases where the responsible party is expected to remain employed in order to make restitution to the injured party. But an over riding expectation of most courts, is for the accused to honestly show remorse, to avoid jail time. Otherwise, the streets are full of remorseless SOBs that will do it again.

So I don't care what level of infraction he is charged with, but it should be acceptable to the injured party. And he should be financially responsible for damages. And I still think he should spend his weekends in the county lockup.

Edited November 7, 2010 by ReconRat

[Disclaimer]

Does anyone have an update on how the Mercedes is doing?

[jbot]

Does anyone have an update on how the Mercedes is doing?

i should not have laughed.

but i did. i am ashamed. also, i have to peanut butter the rep some more before i can give again.

[alienpi]

Since I just recently saw Saw 3D, I was thinking Saw-like justice.

Have the driver wake up with his balls super glued to an exercise bike's seat. Have a car that is going 60 mph suspended from the ground about 10 yards behind the exercise bike. The perp has 60 seconds to get off the bike and press the button to stop the car from being lowered and subsequently running him over.

Edited November 9, 2010 by alienpi

[RSVDon]

[Sen10nalz]

I know this isn't a bicycling forum, but several of you ride bicycles. Plus, it's dangerous out there on two wheels, when facing idiots in cars, road rage, and of course- nail polish touch ups. Brotherhood, just of a different stripe. And haters are just pissed because they can't make spandex look good...

The first call that this douche made after coming to a stop after hitting somebody was to the Mercedes helpline to report damage.

http://www.dailymail.co.uk/news/article-1327323/Morgan-Stanley-financial-adviser-escapes-felony-charges-hit-run-jeopardise-job.html

It's crazy how the justice system works.. I work for the same firm.. gonna have to look his ass up in the corp directory.

[RC51 John]

You should email him asking him if he got his car fixed okay.

[Sen10nalz]

You should email him asking him if he got his car fixed okay.

AH.. very tempting.. However that would probably cause an email into the office and a pink slip.. lol.

[RC51 John]

I'm sure it would.

[Scruit]

Depends on how much restitution the victim was hoping to get. I can see that if the banker is on the hook for millions then it would hurt the victim more to take away banker's ability to pay.

...But that's a call for the victim to make, no?

[redkow97]

Depends on how much restitution the victim was hoping to get. I can see that if the banker is on the hook for millions then it would hurt the victim more to take away banker's ability to pay.

...But that's a call for the victim to make, no?

I flatly reject the notion that the defendant's financial resources should have any bearing whatsoever on the victim's damages.

The victim was hurt. That's not disputed, but tort law is based on the principle that victims have a right to be MADE WHOLE again; not that they have to right to cash in big time because a rich guy injured them.

This civil trial should be bifurcated. One jury should decide whether or not the defendant is liable for the victim's injuries, and a second jury who hears NOTHING about the defendant's financial resources should determine the victim's ACTUAL damages. Those damages are the same regardless of whether a millionaire hits him or a fast-food employee hits him. What he deserves is a 'constant,' not a variable based on the defendant's income.

Now at the criminal level, this is a much more interesting legal/ethical question. It appears as though the prosecutor is attempting to cut the defendant a break by not screwing his career (a felony likely takes him out of the finance field), and simultaneously help out the victim by making sure he has a big payday.

...but that's not justice. The law should be applied equally to everyone. You shouldn't be able to buy your way out of a felony. What's more, this is 200% the defendant's fault. He negligently hit the victim (the tort), and then fled the scene (the felony). He screwed up twice, but he's only going to be on the hook for the tort. That's not right. If it had been you or me who hit the victim, we'd be getting the felony charges.

I struggle to see the "justice" here from every angle. This is fine for the defendant and the victim, but society as a whole is irreparably injured by the implication that rich people aren't accountable for felonies.

Edited November 10, 2010 by redkow97

[Scruit]

I've not seen any suggestion the victim is looking to profit - just that he has a big load of medical bills.

You can't get blood out of a stone. The concept is the same as putting a guy in jail for non-payment of child support. How much child supporting is he gonna do from there?

[RFM]

When he fled the scene, it no longer was solely the ability to repay for his negligence- to a felony Hit and Run. This is one where the victim asked for prosecution, and was willing to testify.

If I commit a felony, I'd find my ass in jail in cuffs. I know this because I drove with a driver's license that expired, and had a $50 fine for missing a court date in North Carolina (so a suspended license). The court date wasn't required if the ticket was paid. Ticket paid, but not before the court date, so an extra $50... Never knew about the fine, as it was from 3 years earlier, and never mailed to my current address. As for the driver's license. Guilty- yeah, I didn't look at my license after my birthday...

I got into more legal issues for having a burnt out headlight than this chode for a hit and run. My ability to pay for any of the proceeding was never taken into account.

Edited November 10, 2010 by RFM

[RC51 John]

DA explains controversial plea bargain

[jbot]

law nerd needs to explain these sentences (yanked from the linked article):

Despite what is implied in the Vail Daily, Dr. Milo never asked me to plea Mr. Erzinger to a felony. Dr. Milo asked that I plead Mr. Erzinger to a felony deferred judgment and sentence.

What this means is that Mr. Erzinger would plead to a felony leaving the scene of an accident, and the judgment would be set aside.

In either two or four years, as long as Mr. Erzinger met certain conditions, the case would drop off his record and he would be allowed to seal this case. Since there was no alcohol or drugs involved, the only conditions I could legally ask for were that he pay restitution and stay out of trouble.

Given that he had a clean history, Mr. Erzinger would essentially have been able to write a check, and the case would then be dismissed. On top of that, while Dr. Milo was still probably recovering from his injuries, Mr. Erzinger would be able to say that he had no criminal history and even deny that anything had happened. That is not something I could stomach.

[Disclaimer]

I dunno what this guy does for a living

Ferrari Driver Escapes Serious Accident With Minor Injury To Wallet

A Ferrari 599 owner in Australia drifted into oncoming traffic and hit two motorcyclists head-on in October. One rider was in a coma for two weeks and suffered a broken back and hip. The Ferrari owner? Back on the road.

Carlo Vaccari, 64, was found guilty of reckless driving in an Australian court and ordered to pay $6,000 to two road charities, but kept his license. Andrew Hosemans, the injured motorcyclist, says Vaccari has never expressed any regret over the accident, despite Hosemans' life-threatening injuries.

"He never admitted fault, never said sorry," Hosemans told the Geelong Advertiser. "I actually felt a bit disappointed for him, just not being able to own up to the fact you've been a fool."

No update on how the Ferrari is doing.

[RFM]

:nono::nono:

[redkow97]

^ i think the bigger issue there is that nonpayment of child support; long enough to get you jail time, is a FELONY.

ever try getting a job with a felony on your record? If you're lucky, the prison has a work program that will help you find a job as a janitor or a line-cook.

I'm not saying you shouldn't punish people for nonpayment of child support, but to make it a felony only destroys their life, and pretty much ensures they'll never be able to pay what they owe.

misdemeanor, 30 days in jail, and then eligible for parole would be nice. Maybe even less jail time, or none at all if they're currently employed and their supervisor at work is willing to testify that they show up on time, etc.

[redkow97]

DA explains controversial plea bargain

I hadn't seen this until today - honestly, I'd like to talk to this prosecutor.

From a practical standpoint, I understand his actions, but I don't have to like them.

He's basically acknowledging that justice isn't blind. Like I said, I understand it, and, given his explanation, I might even agree with him - but I don't like it.

I get the impression he doesn't either.