Driver Watching DVD: Not Guilty
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'08 AM Vantage V8 - '03 E500
What I can't make out from this, and other stories, on the verdict is whether it was based upon:
1. A factual finding that he was not watching a movie at the time of the accident (he claimed that he was not), or
2. A legal interpretation that, even if he was watching a movie, his conduct did not meet the definition of "murder" or "manslaughter" - since Alaska does not have a law specifically prohibiting watching movies while driving. All findings of "murder and "manslaughter" require a finding of "intent", although in the case of manslaughter, it can be just the intent to do the act that resulted in the deaths.
California, and many other states, have laws specifically prohibiting watching movies while driving, so this verdict has limited significance outside Alaska even if it wasn't purely a finding of fact.
1. A factual finding that he was not watching a movie at the time of the accident (he claimed that he was not), or
2. A legal interpretation that, even if he was watching a movie, his conduct did not meet the definition of "murder" or "manslaughter" - since Alaska does not have a law specifically prohibiting watching movies while driving. All findings of "murder and "manslaughter" require a finding of "intent", although in the case of manslaughter, it can be just the intent to do the act that resulted in the deaths.
California, and many other states, have laws specifically prohibiting watching movies while driving, so this verdict has limited significance outside Alaska even if it wasn't purely a finding of fact.
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Originally Posted by DWP
What I can't make out from this, and other stories, on the verdict is whether it was based upon:
1. A factual finding that he was not watching a movie at the time of the accident (he claimed that he was not), or
2. A legal interpretation that, even if he was watching a movie, his conduct did not meet the definition of "murder" or "manslaughter" - since Alaska does not have a law specifically prohibiting watching movies while driving. All findings of "murder and "manslaughter" require a finding of "intent", although in the case of manslaughter, it can be just the intent to do the act that resulted in the deaths.
California, and many other states, have laws specifically prohibiting watching movies while driving, so this verdict has limited significance outside Alaska even if it wasn't purely a finding of fact.
1. A factual finding that he was not watching a movie at the time of the accident (he claimed that he was not), or
2. A legal interpretation that, even if he was watching a movie, his conduct did not meet the definition of "murder" or "manslaughter" - since Alaska does not have a law specifically prohibiting watching movies while driving. All findings of "murder and "manslaughter" require a finding of "intent", although in the case of manslaughter, it can be just the intent to do the act that resulted in the deaths.
California, and many other states, have laws specifically prohibiting watching movies while driving, so this verdict has limited significance outside Alaska even if it wasn't purely a finding of fact.
#5
Wow, I was surprised to see that story made natiional news. We have been following it locally for some time. Actuallly maybe they ought to outlaw Big Gulps and cupholders in cars. Assuming the defendant's testimony is correct, that is what caused these two deaths. While we are at it I guess we should outlaw radios too. One of the worst cases I've handled in terms of injuries resulted from the driver reaching down to change stations. Mercedes should be lauded for incorporating station changing features into the steering wheel.
Last edited by Mercedesfan; 08-13-2004 at 04:17 AM.
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'08 AM Vantage V8 - '03 E500
Originally Posted by Mercedesfan
Mercedes should be lauded for incorporating station changing features into the steering wheel.