Driver Who Swerved And Hit A Motorcycle: 'I Don't Care' (UPDATE: 15 yrs prison time)
10-22-15, 11:05 AM
#106
10-22-15, 11:07 AM
#107
the video in itself has insufficient data to prove intention other than the fact that the bike rider was breaking the law by trying to pass on a double yellow lane.
10-22-15, 11:13 AM
#108
10-22-15, 11:14 AM
#109
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Agreed that proving intent is difficult but the jury has the evidence of the driver's complete and utter disregard for injured party that he caused. It made the defense lawyers job that much harder.
10-22-15, 11:21 AM
#110
Lexus Test Driver
It doesn't, and it's offensive to anyone who was there, or who had a loved one there. 
Maybe one day you can take a trip there and visit the 9-11 Museum, and maybe then you'll get it. Trying to bring that into this discussion destroys what little credibility you had left in this thread.
Maybe one day you can take a trip there and visit the 9-11 Museum, and maybe then you'll get it. Trying to bring that into this discussion destroys what little credibility you had left in this thread.
10-22-15, 11:22 AM
#111
By the way I don't see this faring well for the old man in court given his criminal past.
His criminal record includes previous charges for family violence, abusive calls to 911 and reckless driving, CBS DFW reports.
Last edited by Diesel350; 10-22-15 at 11:26 AM.
10-22-15, 11:25 AM
#112
The emotional reaction of the driver cannot and should not be used to construct original intention.
10-22-15, 11:28 AM
#113
Past performance cannot be used to prove guilt.
10-22-15, 11:30 AM
#114
10-22-15, 11:35 AM
#115
In interviews with several Texas media outlets, including WFAA, Crum claims he didn't deliberately swerve, but instead, reflexively yanked his car's steering wheel to the left after he said he was bitten by a spider.
“Spiders there… or the bite, whatever it [sic] bit me,” he said. When asked if he had a mark on his leg, he said, “It’s swollen right now. It bit me right in the tendon, so right now I have a tendon that’s hurting if I stand. If I walk off I’ll limp.”
“Spiders there… or the bite, whatever it [sic] bit me,” he said. When asked if he had a mark on his leg, he said, “It’s swollen right now. It bit me right in the tendon, so right now I have a tendon that’s hurting if I stand. If I walk off I’ll limp.”
10-22-15, 11:47 AM
#116
Lexus Test Driver
The car driver did not break the law. He swerved and came right back in. Swerving can happen one of 2 ways - intentional and unintentional. If you go with the former, you need to prove intent. The latter is easily explainable - cellphone fell down, bee stung his leg (!!), had a spasm, etc.
The emotional reaction of the driver cannot and should not be used to construct original intention.
The emotional reaction of the driver cannot and should not be used to construct original intention.
10-22-15, 11:53 AM
#117
Pole Position
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If I may jump in.
Listen to his response as the guy approached the elderly man.
Elderly man states : "I don't care" 3+ times, "Double yellow stripe", "I got stung by a wasp"
His words will be held against him.
The lawyer will probably question him on why he said "I don't care". He will need a good answer for that.
As for being stung by a wasp. The prosecutor could ask him to prove that he was stung. Where was he stung, is there a welt, etc.
Looks like the driver is charged with aggravated assault.
http://www.wfaa.com/story/news/local...ault/74240788/
It doesn't look so good for the driver
Listen to his response as the guy approached the elderly man.
Elderly man states : "I don't care" 3+ times, "Double yellow stripe", "I got stung by a wasp"
His words will be held against him.
The lawyer will probably question him on why he said "I don't care". He will need a good answer for that.
As for being stung by a wasp. The prosecutor could ask him to prove that he was stung. Where was he stung, is there a welt, etc.
Looks like the driver is charged with aggravated assault.
http://www.wfaa.com/story/news/local...ault/74240788/
It doesn't look so good for the driver
10-22-15, 11:58 AM
#118
Lexus Fanatic
Nope.....that line of questioning probably won't work. I was recently stung by a yellowjacket (a very common species of wasp). Unless one is allergic to insect stings (which I'm not), the puffed-up welt associated with the sting usually disappears within a day or two. One insect simply does not inject enough venom to cause a major or extended reaction.
10-22-15, 12:06 PM
#119
Lexus Test Driver
Nope.....that line of questioning probably won't work. I was recently stung by a yellowjacket (a very common species of wasp). Unless one is allergic to insect stings (which I'm not), the puffed-up welt associated with the sting usually disappears within a day or two. One insect simply does not inject enough venom to cause a major or extended reaction.
10-22-15, 12:20 PM
#120
Agreed--you can't just call him guilty because he has past reckless driving charges. The key here is that everyone else is looking at the entire picture, not just the fact that he swerved. His reaction tells a lot, but you want to completely ignore it and just keep saying "He could have swerved for any reason--we have no idea." Anyone who watches 3 episodes of Law & Order can tell you otherwise on using a person's actions after the fact as evidence of a guilty mind.
2. He swerved back ie corrected his course
3. He stopped..did not hit and run
4. He did not care.
3 of 4 are in his favor.