NJ: Driver had suspended license when killed bicyclist

[merckxman]

https://www.nj.com/monmouth/2024/10/...cials-say.html

".....He was charged with third-degree operating a motor vehicle with a suspended license while being involved in a fatal crash, authorities said....."

I believe that charge falls under assault by auto, 3-5 year prison term. Maybe an attorney here can clarify. Let's see where this goes.

[benb]

Just happened in our town in the last couple months.

We got some of those flexible bollards put up in the crosswalk as a result and what I think is the only ghost bike in town. There has been one other cyclist killed since I moved here but it was right in the center of town and the powers that be probably stopped a ghost bike from getting put up in the center of town at what is an incredibly dangerous intersection.

No signs the driver is getting any criminal charges in this latest one:

- Cyclist was walking in the crosswalk, not riding
- Driver had a suspended license
- Driver was supposedly speeding - 25mph limit but almost all cars go 40mph there
- Driver was looking at cell phone

[CAAD]

People will never change their behavior until we strictly impose actual consequences for these types of crimes. I have zero faith in the justice system when it comes to these types of cases.

[Alistair]

Originally Posted by CAAD

People will never change their behavior until we strictly impose actual consequences for these types of crimes. I have zero faith in the justice system when it comes to these types of cases.

I don't disagree, but at the same time, we need to do a better job of providing non-automotive means of transportation. Unless bus/rail/bike/foot are viable, bad drivers are going to continue to drive out of necessity, no matter what the law says.

[bshell]

Originally Posted by Alistair

I don't disagree, but at the same time, we need to do a better job of providing non-automotive means of transportation. Unless bus/rail/bike/foot are viable, bad drivers are going to continue to drive out of necessity, no matter what the law says.

How many people here know anyone that considers themselves to be a 'bad driver'? Few to none, I suspect.

I feel like I'm missing your point above but there is no correlation between being an irresponsible and unsafe person operating a motor vehicle and the availability of public transportation.

[Alistair]

Originally Posted by bshell

How many people here know anyone that considers themselves to be a 'bad driver'? Few to none, I suspect.

I feel like I'm missing your point above but there is no correlation between being an irresponsible and unsafe person operating a motor vehicle and the availability of public transportation.

I meant drivers who are bad enough to lose their license. If they can't get to work via alternative transpiration, they're going to keep driving. The US doesn't do a good job at that. And jailing every reckless driver isn't cost effective (and probably a net negative long-term, as those people then lose out of years of potentially productive work/life). But, like I said, it's both - more enforcement AND better transpiration options.

[Sarhog]

Originally Posted by Alistair

I meant drivers who are bad enough to lose their license. If they can't get to work via alternative transpiration, they're going to keep driving. The US doesn't do a good job at that. And jailing every reckless driver isn't cost effective (and probably a net negative long-term, as those people then lose out of years of potentially productive work/life). But, like I said, it's both - more enforcement AND better transpiration options.

Not to sidetrack the conversation, and it doesn’t change any of the dynamics, but in my experience as a cop for many years, most suspended licenses are the result of failure to pay child support, or failure to maintain vehicle insurance. “They” are not necessarily bad drivers.

[dmitrik4]

Bad drivers are going to exist no matter what, so the infrastructure needs to account for that. And yes, there need to be more consequences for striking a person with your car.

[Black Dog]

Originally Posted by dmitrik4

Bad drivers are going to exist no matter what, so the infrastructure needs to account for that. And yes, there need to be more consequences for striking a person with your car.

I would be happy if there were any consequences for striking someone with a vehicle.

[oldpotatoe]

Originally Posted by Alistair

I don't disagree, but at the same time, we need to do a better job of providing non-automotive means of transportation. Unless bus/rail/bike/foot are viable, bad drivers are going to continue to drive out of necessity, no matter what the law says.

Until non-automotive transportation is as easy, convenient as driving a car, it just isn't going to happen. Maybe if 'energy' is scarce...NOT expensive but scarce, it may happen but if that happens, the country will have lots of other problems. Like societal collapse....

The other problem is the ease at which somebody can own and drive a car..NO license or insurance needed, just buy yer buddy's car and drive..

Maybe more severe punishments(as in more co$tly) or real jail time but with our legal system, doubt it..

[unterhausen]

A friend's BIL got out of jail for his 7th dui, and the next day he was riding around on a borrowed motorcycle visiting friends and family with an open beer. Suspended license, of course.

Not sure what more we can do with some people, crushing the vehicle they are operating every time they get caught?

The guy that killed the hockey players thought the car in front of them swerved to block them from making an illegal pass. Who thinks that way? Some people need safe driving retraining every month, and maybe then it will sink in.

[Black Dog]

Originally Posted by unterhausen

A friend's BIL got out of jail for his 7th dui, and the next day he was riding around on a borrowed motorcycle visiting friends and family with an open beer. Suspended license, of course.

Not sure what more we can do with some people, crushing the vehicle they are operating every time they get caught?

The guy that killed the hockey players thought the car in front of them swerved to block them from making an illegal pass. Who thinks that way? Some people need safe driving retraining every month, and maybe then it will sink in.

Maybe people like this should be deemed dangerous offenders and kept in jail or under house arrest with a tracker. We would do the same with a serial sexual offender.

[homagesilkhope]

Originally Posted by unterhausen

A friend's BIL got out of jail for his 7th dui, and the next day he was riding around on a borrowed motorcycle visiting friends and family with an open beer. Suspended license, of course.

Any idea how much jail time BIL did for his 7th DUI?

[unterhausen]

Originally Posted by homagesilkhope

Any idea how much jail time BIL did for his 7th DUI?

A year. But he got out every day to go to work and then went back to jail every night. I was impressed his employer liked him enough to go pick him up and drop him off every day.

I don't know if he has gotten any subsequent DUI's. Seems impossible that he avoided it given his risk-taking behaviors. Unfortunately, my friend passed away, so I can't ask.

I think around here that you eventually run out of luck on sentencing and have to spend a lot more time in jail for your n+1 dui, but who knows?

[merckxman]

This is another incident in NJ, https://www.nj.com/salem/2024/10/nj-...ds-guilty.html

".....(driver) admitted consuming five or six shots of vodka and whiskey and smoking an unknown amount of marijuana about 30 minutes before driving, according to prosecutors..."

"His attorney previously told a judge that Brown Palmer’s behavior in the crash was an “aberrant occurrence”

"Under a plea agreement, he admitted last week to a second-degree death by auto charge, according to court documents. The other charges will be dismissed as part of the proposed deal.....The prosecutor’s office will recommend a seven-year prison term, with a requirement that he serve 85% of that time before he’s eligible for parole, when Brown Palmer is sentenced Dec. 3."