[Kawi636]

http://www.recordonline.com/archive/2005/07/12/brf894.htm

Newburgh
Motorcyclist killed on Route 17K

A 21-year-old motorcyclist was killed in a collision with a car at 7 a.m. yesterday, town police said.
Sgt. Lawrence Mermell said James H. Irving, 88, of New Windsor, was making a left-hand turn out of the Neptune Diner parking lot on Route 17K when his 1992 Chrysler New Yorker collided with a westbound 2005 Honda motorcycle.
The impact threw the motorcycle driver off his vehicle. Both men were treated at the scene by Mobile Life Support Services and the Town of Newburgh Volunteer Ambulance Corps and then transported to the Newburgh campus of St. Luke's Cornwall Hospital.
The motorcycle driver, whose name was not released pending notification of family members, was pronounced dead at the hospital. Irving was treated for minor injuries and released.
Mermel said Irving was ticketed for failure to yield the right of way. The investigation is continuing, he said.

Michael Randall


Isn't it great how you can take someone's life and get a BULLSHIT ticket, yet if you're speeding on a back road or doing a wheelie you might get every ticket in the world thrown at you? Is it not reckless driving when you enter an intersection without looking? Was this not criminally negligent homicide? Was this 88 year old man fit to drive? You get get a DWAI(driving while ability impaired) for anything that will impair your ability, and I highly doubt this man would pass any sort of test. Being old and too stupid to know you're not fit to drive is no excuse.

Unfortunately, this old man will probably get off with nothing more than a small fine. Taking someone's life is the absolute worst thing you can do, and this exact situation happens all too often.

Maybe if law enforcement officers would issue deserving tickets they wouldn't get such bad feedback.

 

[mikem317]

Ride like your invisible. RIP.

 

[mikem317]

Isn't it great how you can take someone's life and get a BULLSHIT ticket, yet if you're speeding on a back road or doing a wheelie you might get every ticket in the world thrown at you? Is it not reckless driving when you enter an intersection without looking? Was this not criminally negligent homicide? Was this 88 year old man fit to drive? You get get a DWAI(driving while ability impaired) for anything that will impair your ability, and I highly doubt this man would pass any sort of test. Being old and too stupid to know you're not fit to drive is no excuse.

Way too many speculations here. You don't know all the facts to the story. You're basing an entire argument on a few sentences in a local paper's website. What if the motorcyclist had an illegal BAC? Maybe he was distracted? Not wearing gear? How much fault can you pin on the old man driver? What happens if you find out that the kid wasn't licensed, drunk and wasn't wearing proper gear? How much would fault would you put on the motorcyclist? Seems a little too easy to push all of this on that old man.

Taking someone's life is the absolute worst thing you can do, and this exact situation happens all too often.

He'll find out at St. Pete's gate. Whether or not the LEO was wrong in just issuing a small violation.

Maybe if law enforcement officers would issue deserving tickets they wouldn't get such bad feedback.

Again, you are just basing your arguement on a short, two paragraph subtext in some no-name website. Unforuntately you just don't have access to the records, probably due to logistical and legal reasons. However, that's all you're gonna get. No police report on this is going to be posted online so you could get a more accurate assessment as to what's going on here.

Sorry, I don't agree with you on this. We don't have all the facts of the story, so I wouldn't be quick to pull a tr***** on anybody here.

 

[Eyespy]

Ride like your invisible. RIP.

Because you are...

 

[jk750]

Easy there...
That's normal procedure for any traffic accident involving a fatality. Additional charges will come forth.

If all you want to do is bash cops, I'm sure you can find something better. This attempt, and this thread is pretty lame.
RIP to the rider.

 

[mikem317]

Maybe if law enforcement officers would issue deserving tickets they wouldn't get such bad feedback.

Nope. Here's the real reason that they get negative feedback:

http://forums.sportbikes.net/forums/showthread.php?t=284301

http://forums.sportbikes.net/forums/showthread.php?t=284426

http://forums.sportbikes.net/forums/showthread.php?t=283697

Here's my personal favorite: http://forums.sportbikes.net/forums/showthread.php?t=283103

http://forums.sportbikes.net/forums/showthread.php?t=281638

http://forums.sportbikes.net/forums/showthread.php?t=280802

Basically, they are disrepsected whenever somebody steps out of line. You got caught going 85 in a 55 and get a ticket? Sure enough, you'll be posting another "I hate LEO" or "Why LEO sucks" thread the minute to get to a computer.

That my friend is why they get such negative feedback.

 

[RACER X]

so what should the driver hav gotten? manslaughter, cuz he woke up that morn. hell bent on killing a m/c right?

let me give you a reason why sportbikes are profiled...........

 

[SpeedyQuaker]

Is it just me, or is that guy in the beater's frame bent to the right?

 

[crx81]

Is it just me, or is that guy in the beater's frame bent to the right?

It DOES look a bit "tweaked", doesn't it?

 

[Kawi636]

Way too many speculations here. You don't know all the facts to the story. You're basing an entire argument on a few sentences in a local paper's website. What if the motorcyclist had an illegal BAC? Maybe he was distracted? Not wearing gear? How much fault can you pin on the old man driver? What happens if you find out that the kid wasn't licensed, drunk and wasn't wearing proper gear? How much would fault would you put on the motorcyclist? Seems a little too easy to push all of this on that old man.

Sorry, I don't agree with you on this. We don't have all the facts of the story, so I wouldn't be quick to pull a tr***** on anybody here.

The old man was pulling out onto a street. The police issued a ticket for failure to yeild right of way. That right there tells you that the old man pulled out in front of the motorcycle. The guy is 88, he probably can't even walk, nevermind drive! While people do drink during the day, I doubt that played a factor. As far as the gear arguement is concerned, gear doesn't do much when you go flying into a 1992 Chrysler. Might help for road rash, but not when a car plows into you.

Just a few weeks ago, an old lady drove right off the road into a tree in front of my friend's house. She didn't know why. Thankfully no one was outside on the side of the street when it happened. Old people are horrible when it comes to driving.

 

[badgixxer]

i for one am getting tired of these "LEO" posts....you guys are beating a dead horse over and over.....
i know i don't have to read every post on SBN but i like too.....

readers digest version of EVERY LEO post:

<point> i hate LEO's all they do is give BS tickets when we break the law they are all assholes...

<counterpoint> they have the hardest job in the universe and everybody hates them until they need them OR i got pulled by a LEO for doing a standup at 180mph and he was very nice gave me a lecture and let me go with a warning....

continue on.... :beer opcorn


no offense to nay LEO's intended :beer

 

[crx81]

i for one am getting tired of these "LEO" posts....you guys are beating a dead horse over and over.....
i know i don't have to read every post on SBN but i like too.....

readers digest version of EVERY LEO post:

<point> i hate LEO's all they do is give BS tickets when we break the law they are all assholes...

<counterpoint> they have the hardest job in the universe and everybody hates them until they need them OR i got pulled by a LEO for doing a standup at 180mph and he was very nice gave me a lecture and let me go with a warning....

Yup. That about sums it up. Let's sticky Badgixxer's post and then we can be done with this crap. :dblthumb

 

[medic001918]

You're quick to jump on the simply issuing a ticket bandwagon. The reality of the situation is that he was issued a ticket and that will assign fault to the driver of the car. Now it's up to the District Attorney to look at the case and determine what kinds of extra charges should be brought onto this elderly man. The police aren't always the one's that make the decision to charge someone. It's the attorney's who will be prosecuting it. They won't tie up the legal system with a marginal at best case. Give them time to sort through the investigation. A large one will occur, you can count on that. It's standard procedure for any fatality.
Shane

 

[mikem317]

Old people are horrible when it comes to driving.

Not according to a lot of studies. I think the highest risk rate (surchargable/citation events) is usually the 16-25 group. That explains, at least partially why insurance is so expensive for young adults.

 

[LiterTwin]

Is it not reckless driving when you enter an intersection without looking? Was this not criminally negligent homicide?

No and No. The standards are completely different. Reckless requires an intentional, "willful and wanton" disregard for safety. Criminally Negligent is a culpible mental state, not an act, and one that is difficult to prove and almost never apllicable in traffic accidents, even ones resulting in death.

 

[04Kanotuna]

Old people are horrible when it comes to driving.

1: You may want to check your profile, it says you are 71 years old.

2: So now cops suck if they don't give ENOUGH of a ticket? If the roles were reversed and the bike killed the old guy somebody would be on here whining how mean it is to give the rider a ticket when it was just an honest mistake.

3: Yeah. I go along with the "Reader's Digest" version. nfloor

 

[OFFICER737]

1: You may want to check your profile, it says you are 71 years old.

2: So now cops suck if they don't give ENOUGH of a ticket? If the roles were reversed and the bike killed the old guy somebody would be on here whining how mean it is to give the rider a ticket when it was just an honest mistake.

3: Yeah. I go along with the "Reader's Digest" version. nfloor

Sound like a double standard to you also?? BTW Kat, guess what I ahve pretty much determined on a new bike hehehehe

 

[fz6rider04]

Perfect opportunity to plug the AMA and why I feel you all should join if you haven't already. They have been campaigning a program called justice for all with many states to make sure when the circumstances warrent it, people who hit and kill motorcyclists receive comparable consequences as people who hit pedestrians or other cars and such. In case you don't think there is a disparency go to the website and read some of the examples of people getting off light after hitting bikes. Now I don't know the circumstances fully of this particular case, but truthfully it sounds to me like a typical accident, with no mallice intended by the driver of the car. Accidents happen all the time and that is why I ride with complete attention to protect myself because no one else will protect you. In many cases it is not the police that is the problem it is the legislature who has not created laws to allow the police to ticket this kind of thing more. This is what the AMA is targeting, to make sure the laws are in place to allow equal penalties when it is warrented. Another example of crappy laws happened in Orlando a short time ago when a young girl ran a red light and killed a 2 year old child who was crossing the street with her mother. Because there were no laws in place to allow for heavy charges as a result of viloating a traffic signal or some b.s. like that the most she could be initially sited for was running a stop signal, even though she KILLED A CHILD. So don't be so quick to blame the police, it is not always in their hands. If this kind of thing bothers you, then join the AMA if you don't belong and ad one more voice to the effort. Just so you know, I do not work for the AMA nor do I have any affiliation with them other than being a member. This is just my opinion so take it as that.

 

[FloridaMike]

maybe you should have also made in bold the very next line The investigation is continuing, he said

would you rather have officers making arrests on incomplete investigations.. thus violating someone's civil rights and then getting the case thrown out all together?? :rolleyes

vehicle homicide investigations take WEEKS.. all toxicology needs to come back to rule out/additionally charge with DUI

isson