E-Class (W211) 2003-2009

Driver Watching DVD: Not Guilty

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Old 08-12-2004, 12:09 PM
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http://www.wired.com/news/autotech/0,2554,64546,00.html
Old 08-12-2004, 12:27 PM
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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.
Old 08-12-2004, 02:25 PM
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Old 08-12-2004, 03:10 PM
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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.
I beleive the answer to your question was point 2. I think because there are not such laws in Alaska at this time, the question of whether he was watching a movie or not was irrelavent. Had a law been in place...the trial would have probably not gone as quickly.
Old 08-13-2004, 04:14 AM
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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.
Old 08-13-2004, 11:25 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.
... except that in the case of the W211, the steering wheel doesn't select the radio presents, just the next strong station. That makes the steering wheel buttons useless for tuning in most urban areas and requires the driver to reach over to punch the preset button on the right side of the console, taking his/her eyes off the road to do so. That is so patently dumb (and different from the W210, and different from other M-B models) that it has to be a mistake that M-B is refusing to acknowledge.

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