Criminal intent is not needed to be in violation of Misd. Death by Motor Vehicle:http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-141.4.html (a2) Misdemeanor Death by Vehicle. – A person commits the offense of misdemeanor death by vehicle if: (1) The person unintentionally causes the death of another person, (2) The person was engaged in the violation of any State law or local ordinance applying to the operation or use of a vehicle or to the regulation of traffic, other than impaired driving under G.S. 20‑138.1, and (3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death. If there was criminal intent to cause death, then it would be a felony.
But, if hadn't been speeding, he probably wouldn't have run off the road, and had the accident. I agree that it seems harsh to press charges.
it's not a peeing contest dear, it's a friendly debate.....no harm intended or criminal intent. and it's ok to agree to disagree. didn't mean to run you off the board.....
those things are not a 'crime', against the law and a 'ticketable offense', but not a 'crime' in the sense this is being talked about.
I thought that "speeding" and "seatbelt violations" were traffic offenses, not criminal intents. I wasn't asking a question to argue with anyone, I just thought "criminal intent" was a little strong in this situation and needed some clarifaction.
they are, thats why I said what I said, to agree with you too. Some people get all bent for no reason and become so melodramatic. He didn't speed and not wear a seat belt so his GF could die that night....
Right, hate I ****ed "THE INVESTIGATOR" off, from some of the language he used in his comments I thought we were in the same professional field and would have loved to hashed this one out, but if we were in the same professional field his skin would have been thicker.
no doubt....I don't get people like 'the investigator'....has this hateful world become so jaded and shallow that the human factor is just completely tossed to the wayside....I am willing to bet that boy didn't say to himself, "self, lets go over the speed limit AND not wear a seatbelt and kill my beautiful young girlfriend"....
of course not....and I don't think that is what "THE INVESTIGATOR" was implying at all. I just think he is stating that since the guy was speeding he is intentionally breaking the law, which is where the criminal intent would be coming from. I happen to disagree, which is fine. if so, I drive home from work everyday with criminal intent.... and didn't know it.:lol:
Looks like when you read the GS that was posted, that Investigator needs to go investigate and find out what criminal intent is in regards to Death by Motor Vehicle.
against the law and a crime are the same, they are both illegal either way charge him, make him an example, lock him up for life. i would argue for 1st degree murder because of the aggravating circumstances to the girls death. and 1st degree murder would make him eligible for the death penalty
ok ws, ok....I know you dont EVER speed and you have NEVER gone without a seat belt....ok we get it....:?
Let's start off by saying I'm not your dear. Second, you by no means ran me off the board. Third, we are obviously not in the same field. Last, my skin is very thick. Why don't we just hug the boy and tell him it's alright, but next time he goes out be sure to buckle up and don't drive so fast. Especially if you have my child in the car with you!!
driven without a seat belt, put my hand on the bible, i have never driven ( or ridden in a car for that matter ) with out my seatbelt. hell i used to race for many years, it was very comforting to know i had a 5 point harness in that car, even though i never had to use it. as far as speeding, cant argue on that fact. i am a victim of horsepower, i love it, cant get enough.
LOL....Like the way you put that, I too, am a 'victim' of horsepower....My name is KellBell and I am a horsepower junkie. :mrgreen:
I thought there were stipulations to minors driving, like nobody under 18 in the car with them if driving without an adult? Hmmm, he will have to live with that the rest of his life (and maybe get some *time* to think about it) and I think her parents could share some responsibility for allowing their 15 YO to ride off with a 17 YO alone in the first place. I didn't mean for that to sound as bad as it did, but it will be a cold day in hell before I give my 15 YO daughter dating freedom like that. 15 is still a girl, and 17 is well on his way to being a young man.