Fazerlady Posted July 20, 2011 Report Share Posted July 20, 2011 This is exactly why I am all for a helmet law! While I feel extremely sorry for the family of the guy who died, I think it is not right that the driver of the vehicle is charged with vehicular homicide! I do agree with the charges of the DUI. After all the riders decision to not wear a helmet probably contributed to him passing away due to severe headtrauma. So ultimately this changed the charge from assault (or whatever it would have been had he got hurt if he had worn a helmet) to homicide. http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2011/07/19/woman_who_struck_motorcyclist.htmlI just think that we all have the responsibility to protect ourselves. Just my opinion. Quote Link to comment Share on other sites More sharing options...
Mykill Posted July 20, 2011 Report Share Posted July 20, 2011 They were driving drunk and killed somebody. It doesnt matter if they were wearing a helmet or not. She broke a law and killed somebody in the process. 1 Quote Link to comment Share on other sites More sharing options...
crb Posted July 20, 2011 Report Share Posted July 20, 2011 They were driving drunk and killed somebody. It doesnt matter if they were wearing a helmet or not. She broke a law and killed somebody in the process.+1Would he have died if she wasn't on the road drunk? No! So it stands to charge her. Quote Link to comment Share on other sites More sharing options...
RVTPilot Posted July 20, 2011 Report Share Posted July 20, 2011 IMHO, DUI trumps the risk of one's free choice to not wear a helmet. Plain and simple. Quote Link to comment Share on other sites More sharing options...
wht_scorpion Posted July 20, 2011 Report Share Posted July 20, 2011 I think it up to the people if they want to wear a helmet or not. population control Quote Link to comment Share on other sites More sharing options...
mgbgt89 Posted July 20, 2011 Report Share Posted July 20, 2011 They were driving drunk and killed somebody. It doesnt matter if they were wearing a helmet or not. She broke a law and killed somebody in the process.+1. Quote Link to comment Share on other sites More sharing options...
ReconRat Posted July 20, 2011 Report Share Posted July 20, 2011 Saying that it's not a crime because the victim did not prevent it, is a bit of a stretch for a defense. Quote Link to comment Share on other sites More sharing options...
Fazerlady Posted July 20, 2011 Author Report Share Posted July 20, 2011 I understand what you are saying. I guess what I am looking at, is the severity could have been prevented. - Yes, if she would have not been drinking, this probably would not have happened. - Yes, if he would have worn a helmet, he probably would not be dead and it would not be homicide.If everybody would take responsibility for their lifes, all of this could be prevented. I don't get why there is a seatbelt law, but not a helmet law. It makes NO sense to me. They are both meant to prevent the severity of injuries in case of an accident! Quote Link to comment Share on other sites More sharing options...
Casper Posted July 20, 2011 Report Share Posted July 20, 2011 She was drunk. Hell yeah she deserves vehicular homicide. I don't care if dude was naked riding a bicycle. Quote Link to comment Share on other sites More sharing options...
C-bus Posted July 20, 2011 Report Share Posted July 20, 2011 You pose an interesting question. The act didn't change, but the outcome was different because of the lack of helmet. No, helmets should not be mandated. We need to retain the right to make bad decisions in our own lives. This is akin to mandating Kevlar vests while shopping at crack-kroger on East Main St. You get shot and murder/assault is decided by what you did or didn't wear. Admittedly (makes me an awful person, I'm sure), I find myself feeling much less sorry for a death caused by an accident in which the rider wasn't wearing a helmet. . "No" to a mandate though. Quote Link to comment Share on other sites More sharing options...
Likwid Posted July 20, 2011 Report Share Posted July 20, 2011 "That woman would have never been raped if she hadn't been wearing that short skirt"Argue the difference and you show your hypocrisy, or just admit you made a stretch with it. 1 Quote Link to comment Share on other sites More sharing options...
Casper Posted July 20, 2011 Report Share Posted July 20, 2011 You pose an interesting question. The act didn't change, but the outcome was different because of the lack of helmet. No, helmets should not be mandated. We need to retain the right to make bad decisions in our own lives. This is akin to mandating Kevlar vests while shopping at crack-kroger on East Main St. You get shot and murder/assault is decided by what you did or didn't wear. Admittedly (makes me an awful person, I'm sure), I find myself feeling much less sorry for a death caused by an accident in which the rider wasn't wearing a helmet. . "No" to a mandate though.Unless you're psychic, you don't know that. He could've very well died even wearing a helmet. It's kinda like shooting someone. They may or may not die. They die, you're charged with homicide. They live, assault with a deadly weapon (and probably other charges as well). Either way, either charge, you committed the crime. Quote Link to comment Share on other sites More sharing options...
C-bus Posted July 20, 2011 Report Share Posted July 20, 2011 (edited) Unless you're psychic, you don't know that. He could've very well died even wearing a helmet. It's kinda like shooting someone. They may or may not die. They die, you're charged with homicide. They live, assault with a deadly weapon (and probably other charges as well). Either way, either charge, you committed the crime.Agree 100%. I was attempting to recap her point. His lack of a helmet should not change her crime. You drive drunk, don't be surprised by the penalties. Society hasn't been keeping them a secret for the past 30 years.Edit... I am not driving tonight for a reason, hence my failure to make my point. Edited July 20, 2011 by C-bus Quote Link to comment Share on other sites More sharing options...
Fazerlady Posted July 20, 2011 Author Report Share Posted July 20, 2011 You know I consider myself a safe driver/rider. But to think that I could make a mistake in traffic, which I am sure everyone has done here, and by some freak possibility I happen to hit a rider that dies b/c he decided not to protect himself as much as he can, scares me. So are you saying I could go to prison for homicide if the person dies instead of invol manslaughter, or even a much lesser charge if the guy "only' gets injured because he chose to be smart and protect himself? Quote Link to comment Share on other sites More sharing options...
Fazerlady Posted July 20, 2011 Author Report Share Posted July 20, 2011 it said in the article he died of severe headtrauma. No, I don't know 100% he would have lived, but his chances would have been much better, they do not make helmets to keep your head nice and toasty warm. Quote Link to comment Share on other sites More sharing options...
C-bus Posted July 20, 2011 Report Share Posted July 20, 2011 You know I consider myself a safe driver/rider. But to think that I could make a mistake in traffic, which I am sure everyone has done here, and by some freak possibility I happen to hit a rider that dies b/c he decided not to protect himself as much as he can, scares me. So are you saying I could go to prison for homicide if the person dies instead of invol manslaughter, or even a much lesser charge if the guy "only' gets injured because he chose to be smart and protect himself?If you're drunk, yes. Quote Link to comment Share on other sites More sharing options...
max power Posted July 20, 2011 Report Share Posted July 20, 2011 Uh, in a car vs. bike scenario, the helmet isnt likely to matter much. I'd prefer to have it on than not, but in that situation, your probably going to die. Quote Link to comment Share on other sites More sharing options...
Fazerlady Posted July 20, 2011 Author Report Share Posted July 20, 2011 What if I am sober...??? Obviously that might be an issue, I know you do get off if you kill your child, hide her in a swamp and lie to the authorities...so, never mind, I might stand a chance...* Quote Link to comment Share on other sites More sharing options...
wht_scorpion Posted July 20, 2011 Report Share Posted July 20, 2011 (edited) Edited July 20, 2011 by wht_scorpion Quote Link to comment Share on other sites More sharing options...
Wicked1 Posted July 20, 2011 Report Share Posted July 20, 2011 I think it is not right that the driver of the vehicle is charged with vehicular homicide! I do agree with the charges of the DUI. Seriously? What if I was drinking and driving and drove over your kid on his bicycle. Well he wasn't wearin' his helmet, so just give me a ticket for DUI!!!NO Quote Link to comment Share on other sites More sharing options...
jbot Posted July 20, 2011 Report Share Posted July 20, 2011 OP for supreme court judge Quote Link to comment Share on other sites More sharing options...
Joey614 Posted July 20, 2011 Report Share Posted July 20, 2011 Seriously? What if I was drinking and driving and drove over your kid on his bicycle. Well he wasn't wearin' his helmet, so just give me a ticket for DUI!!!NO +1 Quote Link to comment Share on other sites More sharing options...
2Wheeler Posted July 20, 2011 Report Share Posted July 20, 2011 Driver commited a crime, Rider did not. Quote Link to comment Share on other sites More sharing options...
Scruit Posted July 20, 2011 Report Share Posted July 20, 2011 Our justice system punishes the intent, not the result. If someone dies as a result of a simple accident then you are not charged. If someone dies as a result of you breaking the law, then you are.I understand why the OP asked this question and I think it's a valid question to ask... however... It sets a dangerous precedent to shift blame onto an otherwise blameless victim on the basis that they did not go far enough to protect themselves. The problem is; who decides what is "far enough"?Does the DUI driver get a free pass if the ride was not wearing a jacket? Or pants? OR maybe he or she was wearing a jacket but not an *armored* jacket. Or maybe they should have been wearing a back protector? Heck, bikes are dangerous regardless of how much gear you wear, so should the DUI driver should get a fee pass simply because she hit a bike."If he was wearing a helmet he may not have died" = "If he was in a car he may not have died"If the rider was complying with the law on how much gear to wear then the DUI driver is being charged appropriately.That said, my favorite helmet-related quote is still; "Anyone who does not ear a helmet obviously has nothing up there worth protecting." Gear up folks, ATGATT. When you're looking down from heaven (or up from hell - I know you guys) then it will be of little consolation that your lack of helmet didn't prevent the DUI driver that killed you from being charged. 1 Quote Link to comment Share on other sites More sharing options...
bchristy07 Posted July 20, 2011 Report Share Posted July 20, 2011 (edited) Agree with everyone else posting here. Does anyone else remember a couple years back when a kid on a 1000 with a helmet on was doing around 80-90mph down Park Ave in Mansfield & hit a car that was turning out from a side street?? I know the last I read about it they were trying to charge the car with pulling out in front even though the dude was doing way over the limit.. like wtf?? Hopefully the cager got everything dropped from that case.. Edited July 20, 2011 by bchristy07 Quote Link to comment Share on other sites More sharing options...
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