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Mother serves more time than drunk driver
Replies
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A few years ago, a mother got off of a bus and crossed the street in an area that did not have a cross walk. While crossing the street, the mother's 4 year old son was hit and killed by a drunk driver who later fled the scene. The drunk driver, who already had a few DUIs, served 6 months in prison and probation. The mother is now facing jaywalking charges along with vehicular manslaughter and reckless conduct charges which could lead to up to 2 years in prison. What's your take??
This happened in Atlanta, right? I thought they dismissed the charges against the mother.
Got all excited over "probably". She did not serve any time. Whatever might have happened is secondary to what happened to her child. She is the one that endangered her childs life, when she jaywalked.
The biggest crime here is that a legal system didn't put the drunken driver away for a couple of decades.
Except she didn't jaywalk. See my earlier post.
I read your earlier post. I am not trying to villify the mother, but having the right of way and being safe to cross the street are not the same thing.. She was right, but her child is dead.0 -
A few years ago, a mother got off of a bus and crossed the street in an area that did not have a cross walk. While crossing the street, the mother's 4 year old son was hit and killed by a drunk driver who later fled the scene. The drunk driver, who already had a few DUIs, served 6 months in prison and probation. The mother is now facing jaywalking charges along with vehicular manslaughter and reckless conduct charges which could lead to up to 2 years in prison. What's your take??
This happened in Atlanta, right? I thought they dismissed the charges against the mother.
Got all excited over "probably". She did not serve any time. Whatever might have happened is secondary to what happened to her child. She is the one that endangered her childs life, when she jaywalked.
The biggest crime here is that a legal system didn't put the drunken driver away for a couple of decades.
Except she didn't jaywalk. See my earlier post.
I read your earlier post. I am not trying to villify the mother, but having the right of way and being safe to cross the street are not the same thing.. She was right, but her child is dead.
Her child is dead because someone chose to get behind the wheel of a car drunk. In this state, the pedestrian ALWAYS has the right-of-way.0 -
A few years ago, a mother got off of a bus and crossed the street in an area that did not have a cross walk. While crossing the street, the mother's 4 year old son was hit and killed by a drunk driver who later fled the scene. The drunk driver, who already had a few DUIs, served 6 months in prison and probation. The mother is now facing jaywalking charges along with vehicular manslaughter and reckless conduct charges which could lead to up to 2 years in prison. What's your take??
This happened in Atlanta, right? I thought they dismissed the charges against the mother.
Got all excited over "probably". She did not serve any time. Whatever might have happened is secondary to what happened to her child. She is the one that endangered her childs life, when she jaywalked.
The biggest crime here is that a legal system didn't put the drunken driver away for a couple of decades.
Except she didn't jaywalk. See my earlier post.
I read your earlier post. I am not trying to villify the mother, but having the right of way and being safe to cross the street are not the same thing.. She was right, but her child is dead.
Her child is dead because someone chose to get behind the wheel of a car drunk. In this state, the pedestrian ALWAYS has the right-of-way.
No they don't... here is a part of the pedestrian code for Georgia that would apply to this instance:
§ 40-6-92. Crossing roadway elsewhere than at crosswalk:
(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway unless he has already, and under safe conditions, entered the roadway.
(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway if he uses the roadway instead of such tunnel or crossing.
(c) Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.
“Jaywalking” is not a legal term and does not appear in the Georgia Code. Even so, people often use “jaywalking” to describe a pedestrian crossing outside of a crosswalk. In fact, crossing the street outside of a crosswalk is perfectly LEGAL in most places, as long as the pedestrians yield to traffic. These images illustrate the law.
http://peds.org/resources/pedestrian_right_of_way/
The bolded part determines that pedistrians don't ALWAYS have the right of way. So I guess the real question is were was the driver when she started crossing the street.0 -
A few years ago, a mother got off of a bus and crossed the street in an area that did not have a cross walk. While crossing the street, the mother's 4 year old son was hit and killed by a drunk driver who later fled the scene. The drunk driver, who already had a few DUIs, served 6 months in prison and probation. The mother is now facing jaywalking charges along with vehicular manslaughter and reckless conduct charges which could lead to up to 2 years in prison. What's your take??
This happened in Atlanta, right? I thought they dismissed the charges against the mother.
Got all excited over "probably". She did not serve any time. Whatever might have happened is secondary to what happened to her child. She is the one that endangered her childs life, when she jaywalked.
The biggest crime here is that a legal system didn't put the drunken driver away for a couple of decades.
Except she didn't jaywalk. See my earlier post.
I read your earlier post. I am not trying to villify the mother, but having the right of way and being safe to cross the street are not the same thing.. She was right, but her child is dead.
Her child is dead because someone chose to get behind the wheel of a car drunk. In this state, the pedestrian ALWAYS has the right-of-way.
No they don't... here is a part of the pedestrian code for Georgia that would apply to this instance:
§ 40-6-92. Crossing roadway elsewhere than at crosswalk:
(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway unless he has already, and under safe conditions, entered the roadway.
(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway if he uses the roadway instead of such tunnel or crossing.
(c) Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.
“Jaywalking” is not a legal term and does not appear in the Georgia Code. Even so, people often use “jaywalking” to describe a pedestrian crossing outside of a crosswalk. In fact, crossing the street outside of a crosswalk is perfectly LEGAL in most places, as long as the pedestrians yield to traffic. These images illustrate the law.
http://peds.org/resources/pedestrian_right_of_way/
The bolded part determines that pedistrians don't ALWAYS have the right of way. So I guess the real question is were was the driver when she started crossing the street.
All I can tell you is that was what I was told when I was taught to drive. If you hit a person with your vehicle, even if you were following traffic laws (which the driver in this instance wasn't) then you are at fault. I'm really surprised that this guy got off. Most judges in Georgia would have gone after a life sentence for the driver if they could. Vehicular homicide as a result of DUI isn't usually something taken this lightly.0 -
All I can tell you is that was what I was told when I was taught to drive. If you hit a person with your vehicle, even if you were following traffic laws (which the driver in this instance wasn't) then you are at fault. I'm really surprised that this guy got off. Most judges in Georgia would have gone after a life sentence for the driver if they could. Vehicular homicide as a result of DUI isn't usually something taken this lightly.
I agree, I had always thought that peds had ROW all the time... and I think that is a dangerous way of thinking, because there are way too many times when a ped isn't seen. Around here, the only time (it seems anyway) you are charged with hitting someone with a car is if you are DWI or if you hit and run.
ETA: and it always seems like the ones that get hit the most are the ones crossing in between crosswalks.0 -
The mother had stepped off the bus and was crossing the street with three children. This particular child slipped from her grip and ran into traffic.
Again... all this happened last year so my personal knowledge of the incident was not fresh. I've had to do some research to refresh my memory.
It seems I've got the story a little wrong here. The driver was not drunk at the time, but he had several DUI's on his record. He did, however, hit and run. He claimed that he thought he hit a basket, and he did six months. The mother was charged with vehicular homicide, reckless conduct, and jaywalking.
For whatever reason she had to jaywalk, her son didn't die because she wasn't walking where she was supposed to be. He died because she lost her grip on him. It was a terrible accident, and the charges were over-inflated because the DA chose not to go after the driver. In the end, justice prevailed, and the mother can finally get some closure on the loss of her child.
http://www.ajc.com/news/news/local/cobb-mother-chooses-a-retrial/nQKMT/0 -
The mother had stepped off the bus and was crossing the street with three children. This particular child slipped from her grip and ran into traffic. She wasn't jaywalking! Which is why the charges were dropped.
http://www.ajc.com/news/news/local/judge-denies-bid-to-drop-vehicular-homicide-charge/nQMp4/
Again... all this happened last year so my personal knowledge of the incident was not fresh. I've had to do some research to refresh my memory.
And this is why I have no problem putting a leash on my kid.0 -
The mother had stepped off the bus and was crossing the street with three children. This particular child slipped from her grip and ran into traffic. She wasn't jaywalking! Which is why the charges were dropped.
http://www.ajc.com/news/news/local/judge-denies-bid-to-drop-vehicular-homicide-charge/nQMp4/
Again... all this happened last year so my personal knowledge of the incident was not fresh. I've had to do some research to refresh my memory.
And this is why I have no problem putting a leash on my kid.
See my edit... she was jaywalking, but the death was not because of the jaywalking.
And I can see your point. Travelling by public transportation with three children, and carrying stuff, is difficult. I personally don't believe in using leashes, but in her situation, it would have been appropriate.0 -
The mother had stepped off the bus and was crossing the street with three children. This particular child slipped from her grip and ran into traffic. She wasn't jaywalking! Which is why the charges were dropped.
http://www.ajc.com/news/news/local/judge-denies-bid-to-drop-vehicular-homicide-charge/nQMp4/
Again... all this happened last year so my personal knowledge of the incident was not fresh. I've had to do some research to refresh my memory.
And this is why I have no problem putting a leash on my kid.
See my edit... she was jaywalking, but the death was not because of the jaywalking.
And I can see your point. Travelling by public transportation with three children, and carrying stuff, is difficult. I personally don't believe in using leashes, but in her situation, it would have been appropriate.
I agree with your edit... and I have always maintained that it could have happened even while IN a crosswalk... Their ability to prosecute would have been much less (not that it had any weight anyway seeing as the charge was dropped) than had she crossed the street outside of a crosswalk.0 -
Her child is dead because someone chose to get behind the wheel of a car drunk. In this state, the pedestrian ALWAYS has the right-of-way.
You're missing my point. If you maintain that she had the right of way, I agree with you. The fact that she stepped out in traffic, when she could see a car coming might not have been wise. With the drunk driving epidemic and the high likeli hood that someone is texting or talking on a cell phone, I always lean towards being overly cautious. Being right doesn't take the dents out of cars or bring your dead loved ones back to life.0 -
Her child is dead because someone chose to get behind the wheel of a car drunk. In this state, the pedestrian ALWAYS has the right-of-way.
You're missing my point. If you maintain that she had the right of way, I agree with you. The fact that she stepped out in traffic, when she could see a car coming might not have been wise. With the drunk driving epidemic and the high likeli hood that someone is texting or talking on a cell phone, I always lean towards being overly cautious. Being right doesn't take the dents out of cars or bring your dead loved ones back to life.
But the kid wasn't killed because of the jaywalking... he got away from her and ran into traffic on the opposite side of the street.0 -
Her child is dead because someone chose to get behind the wheel of a car drunk. In this state, the pedestrian ALWAYS has the right-of-way.
You're missing my point. If you maintain that she had the right of way, I agree with you. The fact that she stepped out in traffic, when she could see a car coming might not have been wise. With the drunk driving epidemic and the high likeli hood that someone is texting or talking on a cell phone, I always lean towards being overly cautious. Being right doesn't take the dents out of cars or bring your dead loved ones back to life.
But the kid wasn't killed because of the jaywalking... he got away from her and ran into traffic on the opposite side of the street.
I get it. He was 4. He broke away from his mom and ran into traffic. It's Mom's job to oversee her children. For whatever reason, she momentarily lost control of her child. It's tragic. She dropped her guard for a moment. Parenting is a hard job, but she still has some culpability.0 -
Her child is dead because someone chose to get behind the wheel of a car drunk. In this state, the pedestrian ALWAYS has the right-of-way.
You're missing my point. If you maintain that she had the right of way, I agree with you. The fact that she stepped out in traffic, when she could see a car coming might not have been wise. With the drunk driving epidemic and the high likeli hood that someone is texting or talking on a cell phone, I always lean towards being overly cautious. Being right doesn't take the dents out of cars or bring your dead loved ones back to life.
But the kid wasn't killed because of the jaywalking... he got away from her and ran into traffic on the opposite side of the street.
I get it. He was 4. He broke away from his mom and ran into traffic. It's Mom's job to oversee her children. For whatever reason, she momentarily lost control of her child. It's tragic. She dropped her guard for a moment. Parenting is a hard job, but she still has some culpability.
Yes, and she will bear the burden of that for the rest of her life. Doesn't mean she is guilty of vehicular homicide.0 -
Her child is dead because someone chose to get behind the wheel of a car drunk. In this state, the pedestrian ALWAYS has the right-of-way.
You're missing my point. If you maintain that she had the right of way, I agree with you. The fact that she stepped out in traffic, when she could see a car coming might not have been wise. With the drunk driving epidemic and the high likeli hood that someone is texting or talking on a cell phone, I always lean towards being overly cautious. Being right doesn't take the dents out of cars or bring your dead loved ones back to life.
But the kid wasn't killed because of the jaywalking... he got away from her and ran into traffic on the opposite side of the street.
I get it. He was 4. He broke away from his mom and ran into traffic. It's Mom's job to oversee her children. For whatever reason, she momentarily lost control of her child. It's tragic. She dropped her guard for a moment. Parenting is a hard job, but she still has some culpability.
Yes, and she will bear the burden of that for the rest of her life. Doesn't mean she is guilty of vehicular homicide.
Did someone try to convict her of Vehicular Homicide? I missed that.0 -
Her child is dead because someone chose to get behind the wheel of a car drunk. In this state, the pedestrian ALWAYS has the right-of-way.
You're missing my point. If you maintain that she had the right of way, I agree with you. The fact that she stepped out in traffic, when she could see a car coming might not have been wise. With the drunk driving epidemic and the high likeli hood that someone is texting or talking on a cell phone, I always lean towards being overly cautious. Being right doesn't take the dents out of cars or bring your dead loved ones back to life.
But the kid wasn't killed because of the jaywalking... he got away from her and ran into traffic on the opposite side of the street.
I get it. He was 4. He broke away from his mom and ran into traffic. It's Mom's job to oversee her children. For whatever reason, she momentarily lost control of her child. It's tragic. She dropped her guard for a moment. Parenting is a hard job, but she still has some culpability.
Yes, and she will bear the burden of that for the rest of her life. Doesn't mean she is guilty of vehicular homicide.
Did someone try to convict her of Vehicular Homicide? I missed that.
Yes, they had initially charged her with vehicular homicide. Apparently they dropped those charges for a guilty plea to jaywalking.0
This discussion has been closed.