To the APD: Tell me why this is not vehicular manslaughter

[verybadgnome]

Originally Posted by gpurcell

So is she a citizen or legal resident?

"Juana has been driving for the past seven years in Texas and according to her, she received several tickets in the past for no drivers license and a crash. I did not find a driving record for her."

The last sentence would indicate to me that she is not in most law enforcement or government databases, so I would speculate no given that and lack of English proficiency. Still I don't think they necessarily check for that in these situations.

[Yllaria]

Originally Posted by verybadgnome

Charges can always be dropped before trial if there is no basis for a case against the defendant. No need to spend time in jail if the defendant posts bond. I will admit you are right if there are extenuating circumstances but it has been over 2 days already and not a peep from APD on what is on the surface a pretty straightforward incident. A lot of the "evidence" is in fact self-evident meaning it should not take long to come to a preliminary conclusion. I feel my cynicism is justified b/c non-drunk drivers who do stupid things tend to either not get charged or get a slap in the wrist in this town. There have been drivers who have successfully plea bargained a manslaughter charge down to a misdemeanor with a three digit fine; a real slap in the face to the family of the deceased.

So, you feel that the driver should be arrested and charged, have to post bond (if he is financially able to do so, and spend time in jail if he is not, and lose the 10% of the bond charged by bail bondsmen regardless of outcome) and THEN the police should figure out what happened, with an "oops, sorry" if there was actually no violation of the law? Um.....

I'm not discounting your underlying concern. I agree that many accidents are caused by negligence or stupidity, and there should be some penalty for that. I'm just questioning your desired methods.

[10scoachrick]

Originally Posted by Yllaria

So, you feel that the driver should be arrested and charged, have to post bond (if he is financially able to do so, and spend time in jail if he is not, and lose the 10% of the bond charged by bail bondsmen regardless of outcome) and THEN the police should figure out what happened, with an "oops, sorry" if there was actually no violation of the law? Um.....

I'm not discounting your underlying concern. I agree that many accidents are caused by negligence or stupidity, and there should be some penalty for that. I'm just questioning your desired methods.

Hmmmm....an un-licensed driver in an uninsured vehicle involved in a fatality...yep, it's time to go to jail.

[ScoPro]

Originally Posted by 10scoachrick

Hmmmm....an un-licensed driver in an uninsured vehicle involved in a fatality...yep, it's time to go to jail.

That is correct.

[XLadylawX]

Can a licensed driver with insurance cause an accident that results in the death of someone?

Under these same facts only with a licensed and insured driver do we charge that driver with vehicular manslaughter?

[verybadgnome]

Here's the AAS follow up to the story:

Woman not charged in accident that killed guitarist

5 times she was cited for not having a license since 2003. F****ing ridiculous that she wasn't put in jail after the third such citation if you ask me; if she had this may never had happened. If jail time is too harsh for such a situation how about citations plus impoundment of the vehicle?

Driving - not one in the same thing as mobility - is a privilege, not a right. Why is law enforcement so lax in these cases? Is civil court the only avenue of receiving compensation and justice? It shouldn't be that way. I guess the next time I'm otherwise distracted and hit someone all I have to say is that mistook the gas pedal for the brake and get a few paltry tickets for my negligence.

[gpurcell]

And she will continue to live in the US illegally and drive illegally because she isn't being sent to ICE.

Totally ridiculous.

[verybadgnome]

Given she had five previous citations in 7 years for not having a DL and the following..............

"Sec. 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMINAL PENALTY. (a) A person required to hold a license under Section 521.021 shall1) have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated; and
(2) display the license on the demand of a magistrate, court officer, or peace officer.
(b) A peace officer may stop and detain a person operating a motor vehicle to determine if the person has a driver's license as required by this section.
(c) A person who violates this section commits an offense. An offense under this subsection is a misdemeanor punishable by a fine not to exceed $200, except that:
(1) for a second conviction within one year after the date of the first conviction, the offense is a misdemeanor punishable by a fine of not less than $25 or more than $200; and
(2) for a third or subsequent conviction within one year after the date of the second conviction the offense is a misdemeanor punishable by:
(A) a fine of not less than $25 or more than $500;
(B) confinement in the county jail for not less than 72 hours or more than six months; or
(C) both the fine and confinement."

TRANSPORTATION CODE**CHAPTER 521. DRIVER'S LICENSES AND CERTIFICATES

...........I have to ask 1) was she fined as above? and 2) if the 3rd, 4th, or 5th convictions were within one year of the previous conviction was she ever sent to jail and/or imprisoned as prescribed in this section of the Texas code?

[verybadgnome]

And to the San Marcos PD this is - unless you have reason to believe Mr. O'Dell violated a traffic ordinance - also vehicular manslaughter, not simply "failure to yield:"

Hays County activist Charles O'Dell dead after collision


The driver of the SUV that collided with O'Dell, New Braunfels resident Joshua Eismann, 22, was cited for failure to yield the right of way, San Marcos officials said.

Hays County activist Charles O'Dell dead after collision

[eepstein]

What does APD mean??

Originally Posted by verybadgnome

Musician hit by truck at North Austin market remembered for his advice

The driver lost control of his vehicle and then hit and killed someone who was on the sidewalk.

And here is another driver who struck someone on a sidewalk, this time a runner, and no charges were filed.

Austin news, sports, weather, Longhorns, business | Statesman.com (http://www.statesman.com/news/content/news/stories/local/2009/09/27/0927jogger.html?imw=Y - broken link)

As far as I know vehicle must yield to pedestrians when crossing a sidewalk:

"(c) The operator of a vehicle emerging from or entering an
alley, building, or private road or driveway shall yield the
right-of-way to a pedestrian approaching on a sidewalk extending"
across the alley, building entrance or exit, road, or driveway.

I for one am sick and tired of law enforcement claiming that these were just unfortunate accident. That is entirely wrong b/c both could have been avoided. The former if the driver braked when he should have and the latter if the driver did not storm out of the parking garage without looking both ways. This is a travesty of justice. Do we feel such sympathy for the drivers b/c we feel it could happen to us?