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Good.
If he was a danger to the road, the RMV should have revoked his license years ago.
Agree 100%. But if he ends
Agree 100%. But if he ends up getting a slap on the wrist and avoids jail (like so many drunk driving murderers do), I strongly advise he consult Lawyers Concerned for Lawyers while he tries to keep practicing law while battling his love of the drink.
where does it say drunk driving?
people don't like the puss on his face? he will be slapped on the wrist "like so many drunk driving murderers"?? what?
it seems like there is a history of bad driving but I didn't see that alcohol had anything to do with his problems.
It seems
That "motor vehicle homicide" is only for OUI, otherwise it's "motor vehicle manslaughter".
Either way, it's 2.5 years, eligible for parole after 1. So good for him.
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Sect...
Where
In your link does it say that if you kill someone with a motor vehicle while not intoxicated, it's always manslaughter?
Subsection (b)
Looks like theres a provision for those operating recklessly, but not under the influence, in subsection (b):
(emphasis mine)
Refresher Course
Motor vehicle homicide can be charged under two theories: negligence (not exercising reasonable caution) or impairment and negligence (being under the influence of drugs or alcohol and not exercising reasonable caution). Negligence is a misdemeanor ( 2.5 year max) and impairment plus negligence is a felony (15 year max).
Motor vehicle manslaughter is essentially the same as regular manslaughter, which requires wanton and reckless conduct (comprehending the danger of one's actions and undertaking them anyway) and is a felony (20 year max). Recklessness can take many forms, including impairment, speed, or other factors.
Hi. My mistake. Delete the
Hi. My mistake. Delete the words "drunk driving" from my post.
You are aware that the dead
You are aware that the dead victim is the lawyer, right? Or maybe you weren't when you wrote that part of your post about practicing law while "battling his love of the drink."
And the driver Bradford Casler is a real estate agent.
What
Took so bloody long . I recall watching him being " loaded " in the ambulance , with that smug look on his puss .
Throw the book at this weasel .
Lock him up .
Sure you did
Sure, you saw him looking "loaded", yet he's not indicted for DUI. He was taken to the hospital, there's not chance they didn't test his BAC. Guess there's no chance one my look "loaded" after crashing their car into a building.
Lawyers in this state are
Lawyers in this state are notorious for protecting their own. Any other professional would lose their license for the crap they pull.
Part of the reason why we have so many garbage bags masquerading as judges is because of this crooked culture of lawyers protecting their own.
Lawyers also refuse field sobriety testing
they know that they will have blood drawn instead but it provides a time delay so their BAC can lower in the meantime.
What Are You On About?
The driver is a real estate agent.
One of the victims was a LAWYER.
If you need to foam at the mouth, please do so accurately.
Rumor
Rumor is that he has multiple sclerosis and it was progressing around the time of the accident
That's what I had heard too
This could get very messy if that's the case.
I wonder if there's case law regarding temporary paralysis while driving. Did he know just how bad his MS had become if he lost enough function to be unable to stop? Did he do anything to exacerbate his condition prior to driving? Had he been having trouble up until that point during his drive (hit any parked cars, etc.)? Is the MS a red herring and he just fell asleep at the wheel?
The severity of MS can change day-to-day even though it's steadily downward and at vastly different rapidity of change depending on whether the body is actively attacking itself or not. It makes it difficult to say that someone "shouldn't be allowed to drive any more" since the next day they may be perfectly capable again and nominal like that for months before a new degradation in their abilities.
Prosecuting someone for driving with MS could be a very difficult case to make and even if the case being made isn't about their MS but about them "sleeping at the wheel", etc. It may still become a confounding factor for the prosecution to achieve "without a reasonable doubt".
"Sudden medical Emergency"
Is a valid defense. Let's say the driver had a heart attack and crashed into the building and killed these people. That has been a valid defense removing liability from the driver. But if the driver had a previous heart condition, was taking medication, etc, etc, then that can all be a factor with liability and negligence.
It is much more common with diabetics. Courts usually rule against the diabetic (if they claim a crash was a "sudden medical emergency) because it is up the driver to be healthy and alert while driving.
Since he has been indicted, I assume there is enough to go with the serious felony here, which I assumed was MV homicide.
Surprised he got indicted
Most reckless driving cases are very simple. If the defendant was proven to be operating under the influence he may then get convicted of something. If not, he will be acquitted of anything as serious as manslaughter. No jury will convict because every jury will have some dangerous drivers on it who aren't willing to convict someone they identify with. Having a medical condition would just be icing on the cake. All he needs is one juror out of 12 to feel sorry for him.
I'm impressed that he was even indicted because I would have expected the grand jury to let him off the hook.
Two possibilities
1. He was taking prescription medication marked DO NOT DRIVE
2. His doctor told him not to drive and he did it anyway.
It is monstrously impossible for a physician to get an impaired patient off the road. This has to change as our population ages. A doctor should be able to just file a brief with the registry and have that license yanked ASAP. The registry is not able to evaluate these things and has no interest in doing so - they push paper, not protect public safety.
The system is in place and is easy to use.
If the doctor calls the police (if there is something serious), the police can file an immediate threat and the license gets suspended automatically. The registry is very good evaluating these things actually, it are the doctors and cops who need to take action, not the registry.
Once again making the case
Once again making the case for requiring a medical exam to renew a license ... and maybe one every year if you have an identified health condition.
lol
no
CDL requirements
Look them up.
Great lessons
in waiting until you have the facts before making so many guesses. People are sure the guy was texting. Everyone's driving distracted these days!!
Others were certain he was drunk! Did you see him?!
And some guessed or heard a rumor that it must be a medical emergency.
Maybe all of these are true. And I like to wonder aloud like everyone, but before climbing on your high horses, how about we wait for some actual information?
We do have one fact to work with
He drove his vehicle such that it smashed into a building and killed two people.'
His behavior and choices with regard to a deadly weapon resulted in two people dying.
If someone was shooting off a gun and killed two people, we wouldn't need to discuss "whether or not" they should be charged.
What if he was at the range and had a heart attack?
And was otherwise healthy?
These are the questions people are asking but I agree with you and I think it will turn out this way. The driver had a medical condition which effected his driving, and he is responsible for that.
Or..
That person was "shooting off a gun" at two people who had guns and were trying to kill him. Still guilty?
You miss the point
Killing two people while mishandling a gun in MA is a huge deal, while killing people with your car is a get out of all responsibility free card.
Eleanor Miele is missed every day
She was a peer, a colleague, and a friend of mine, we always had these short but sweet chitchats as we passed each other in the hallways, on the sidewalk, or while we waited for coffee at the cafe. Often, I was in hectic mode, trying to solve time sensitive problems, and she knew when I was having one of those nutty days -- she always made a face acknowledging that I was frustrated, but then she would just make me melt a little and calm down and she really did a good job for 12 years.
One of the last things I said to her was "Eleanor, I'm still waiting for that chance to help you calm down, do you ever have a really bad day?" and she says, "Oh yes I do, but, I do a better job of hiding it than you do!" her sarcasm was so awesome.
I do not remember what I talked to her about at our last conversation which was probably a week or so before the accident. But I know it was one of those short sweet chitchats where she always made me feel like a better, calmer, kinder human afterwards.
So now, I go looking for her when I am having another one of those days, and while she may not be there, I can very easily imagine her soothing and calming effect on me, just be remembering her for all her awesomeness. She is missed.