I just don’t understand drinking and driving

@BillRM,

BillRM wrote:

Quote:
and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062.

and shall render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.

How do you both remain on the scene and take the person for medical aid!!!!

You have to give a sad laugh here and the same lack of logic go to leaving the scene to go summary help.

You guilty of breaking the law one way or another if you read this crazy law at face value.

Sorry I am not allow to leave the scene driver however cyclist you are require to leave the scene to take me to medical aid if I request it................

I think perhaps you're (purposefully?) misreading what's intended here. You are to remain at the scene until you have fulfilled the requirements of 1. provide registration and insurance information if requested by the victim. Render any person in the crash reasonable assistance INCLUDING taking them to a physician or surgeon or hospital.

If you have reached the point where you are en-route to the hospital with one or more individuals that were affected by your actions then you are in compliance with completion of that part of your responsibilities.

The only lack of logic here is the logic being applied by you.

2 Replies

@hawkeye10,

Quote:

One would think these kinds of mandatory immediate reporting laws would be UnConstitutional on the grounds that the state can not demand self incrimination, but that would be wrong by way of the twisted logic that is used to support these abuses of the state.

As usual, you are not only displaying your ignorance of the law, you are ignoring the fact that this issue was previously discussed in this thread and disputed what you are saying.

And you didn't even bother to read the laws I just posted, and those laws clearly said

Quote:

The statutory duty of a person to make a report or give information to a law enforcement officer making a written report relating to a crash shall not be construed as extending to information which would violate the privilege of such person against self-incrimination.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.062.html

Florida law regards these reports as privileged communications, so that they do not violate rights regarding self-incrimination. They are not forcing anyone to incriminate themselves by reporting an accident.

But, of course, acknowledging the truth, and the reality of the situation, wouldn't fit in with your paranoia about the state, and "the abuses of the state", so you choose to ignore reality.

1 Reply

@firefly,

Hi, Firefly. Its nice to see u again.
How r u today ?

David

1 Reply

@OmSigDAVID,

I'm fine, David. I hope you are too.

1 Reply

@firefly,

firefly wrote:

I'm fine, David. I hope you are too.

Yes, thank u.
I 'm in a good state-of-mind; going to Florida in a few days
to see some friends and looking forward to it.

David

0 Replies

@Questioner,

Quote:

You are to remain at the scene until you have fulfilled the requirements of 1. provide registration and insurance information if requested by the victim. Render any person in the crash reasonable assistance INCLUDING taking them to a physician or surgeon or hospital.

If you have reached the point where you are en-route to the hospital with one or more individuals that were affected by your actions then you are in compliance with completion of that part of your responsibilities.

You are correct.

Actually, you'd fulfill the requirement of the law just by phoning for an ambulance with a cell phone, or flagging down another car and asking them to phone for aid. If the driver didn't have a cell phone, it is possible the victim might have had one. If in a deserted area, one could possibly travel to find a phone, if some identifying info was left at the scene, such as the driver's name, address, and phone number, to at least indicate you stopped your car and were acknowleding you were involved in an accident.

If you're not going to physically transport the victim, then you should remain at the scene, or leave some identifying info with the victim, or on his person, if there is no alternative but to go elsewhere to seek or call for aid. But, particularly when someone is fatally injured, I think you'd have to make a very compelling argument about why leaving the scene to get help was the only available option. Leaving a very seriously injured victim alone in the road, especially in the middle of the night, is obviously something that should always be avoided unless there is absolutely no one else in the area, and absolutely no other alternative to get help.

In any case, you'd still have to stop your car and look at the victim and get some idea of what aid was needed. You cannot hit someone with your car and just keep on going.

I think BillRM is purposely misreading the law, and its intent, or he really doesn't understand it.

Since he lives in Florida, it's also apparent that he's never paid attention to the laws of his state, or sought an interpretation if he doesn't understand those laws.

0 Replies

@Questioner,

Sorry you are not suppose to leave a scene of any accident where someone had been hurt and less you are require to take the person for medical care if needed.

The case in point here he was charge with fleeing the scene for going a block or so and calling the accident in.

Summoning help it needed would be part of giving aid in any sane world.

See there is no commonsense in this law as written as no one is "fleeing" by going a block and calling 911 in the real world at once.

1 Reply

@BillRM,

In the let's make a deal justice system the charge of fleeing was likely added on to pressure the man to reach a plea deal.

We do not have a justice system we have a plea system instead with the prosecutor never planning on needing to convict a jury that going a block or so and calling in the accident is fleeing.

1 Reply

@BillRM,

Quote:

We do not have a justice system we have a plea system instead with the prosecutor never planning on needing to convict a jury that going a block or so and calling in the accident is fleeing.

We do not have a justice system we have a plea system instead with the prosecutor never planning on needing to convict a jury that going a block or so and calling in the accident is fleeing.

Does the law say that if you hit someone, you can just keep on driving until you find a phone?

Or does it say you must first stop your car and see if the victim requires aid?

He's charged with leaving the scene and not "fleeing".

All the state has to do is prove he never stopped his car. If the accident was witnessed, that might be quite easy to do. And the accident may well have been witnessed.
In fact, the first call to the police, or for an ambulance, might have been made by a witness, or someone who drove by immediately afterward.

It's nice to know you so are unfamiliar with the laws of your own state, or you just plain don't understand them.

0 Replies

@firefly,

"Or making arrangements for the carrying" . "Reasonable assistance". "As close thereto as possible". "Or render aid". Thank you for putting that in bold.
Can you lift a 250pd. man? Are you a Dr.?
He panicked. Didn't know what to do. Are you that brain dead, really?
Any first year med student or a insurance agent will tell ya "Never touch a person who is bleeding". Have you heard of Hepatitis C, Aids?
I do not have to "blow" for a police officer. The charge for not blowing is DUI. License suspended for three months (I think), fines and numerous court appearances, but does not mean a felony conviction. Does not mean I was drunk. What the police do in some circumstances, not all, is called legalized racketeering. Like numerous other acts by law enforcement that the Supreme Court has found unconstitutional. But the innocent man/woman has to pay for it.
Mr. Swift name and addy is available here. You type a lot, make your "Judge Judy" statements, but say very little.
Smart Aleck? I prefer Smart Ass.
I've responded to your ever shortening statements. The last is "I can't imagine". Tell us all about the time you put your life on the line for someone. Said to yourself "Ya, he's bleeding from the month, but I'm going to give CPR anyways".
You are a "Coward"

4 Replies

@redguitar,

he was menstruating?

wowser...

0 Replies

@redguitar,

Quote:

Smart Aleck? I prefer Smart Ass.

Okay, Smart Ass, just what point are you making?

You've already said you don't know the facts of this case, you don't believe the info in the press release, so what great insight are you adding to the discussion, based on absolutely no knowledge? He might be innocent? Yes, that's possible. He also might be guilty.

Quote:

He panicked. Didn't know what to do.

I'm sure I'd panic too if I hit someone with my car. But the law tells you what to do--to stop the car and see if the victim requires assisstance.

I doubt that claiming, "I panicked" constitutes an adequate defense to the charge of leaving the scene, or failing to stop at all, so I sure hope his defense attorney has a better argument than what you've come up with.

1 Reply

@redguitar,

redguitar wrote:

Can you lift a 250pd. man? Are you a Dr.?

Straw man. It doesn't say you have to provide medical care, it says 'render assistance'. Meaning if he's bleeding from a cut on the shoulder you apply pressure to it to stop the bleeding. Meaning you get on your phone to 911 and someone that DOES have some experience in these situations will walk you through what to do.

Quote:

He panicked. Didn't know what to do. Are you that brain dead, really?

Doubtful. Panic I can understand. However, it's drilled into us all the time to call 911 anytime there's an emergency. Hell, that's part of the reason why 911 gets so many non-emergency phone calls a year. People just instinctively thing "I need to call 911."

Sure, people panic. In most cases that panic revolves around how badly a situation is going to affect THEM. If someone is hurt, running away from the scene isn't a response to them being hurt. The flight or fight response doesn't extend to other people in dire straights. At least I don't think it does.

Quote:

Any first year med student or a insurance agent will tell ya "Never touch a person who is bleeding". Have you heard of Hepatitis C, Aids?

Have you heard of 'Oh ****, I just hit a person with my vehicle and they're bleeding because of my actions and might damn well die if I don't help them. You were the cause of that mess, you get down there and give them mouth to mouth. You get Aids? Tough ****. Even if you get any of those things, you're likely going to live longer than the poor bastard you just drunkenly plowed into.

0 Replies

@firefly,

Was I coming up with an argument? NO. Just an opposing view. Please Master don't hit me with the whip again. I be good.

1 Reply

@redguitar,

How do you know Thom didn’t have his cell with him at the time, he checked in on facebook from Georgies that night. Plus if you know the area it’s residential, he didn’t have to drive home if he didn’t have a phone, he could have knocked on someone’s door.

1 Reply

@redguitar,

Quote:

I do not have to "blow" for a police officer. The charge for not blowing is DUI. License suspended for three months (I think), fines and numerous court appearances, but does not mean a felony conviction

No one ever said a simple DUI meant a felony conviction. This case is not a simple DUI--a death was involved.

It sounds like you've had experience with DUI's.

But, in a simple DUI, refusing "to blow" will double the period of suspension of your drivers license in Florida--the license will be suspended for a year with a refusal, but only for 6 months otherwise. So, being a Smart Ass in that situation really wouldn't work to your benefit.

Quote:

Driver License Suspension Periods: First refusal, suspended for 1 year. Second or subsequent refusals, suspended for 18 months.

Refusal: Refusal to submit to a breath, urine, or blood test is admissible as evidence in DUI criminal proceedings...
Second or subsequent refusal is a misdemeanor of the first degree.
http://www.flhsmv.gov/ddl/duilaws.html

And when a death is involved, you might not have the right to refuse testing.

Quote:

Forceful Withdrawal of Blood: If necessary, blood may be withdrawn in DUI cases involving serious bodily injury or death by authorized medical personnel with the use of reasonable force by the arresting officer, even if the driver refuses.
http://www.flhsmv.gov/ddl/duilaws.html

Smart Ass really is isn't very smart at all.

2 Replies

If accosted on the street, I would stand my ground. Fight if need be. Others would turn and run. Scared. We all react to situations differently. Some of us are lucky not to speak from experience. Mr. Swift doesn't have such luck

1 Reply

@redguitar,

redguitar wrote:

Mr. Swift doesn't have such luck

Mr. Swift is alive. Mr. Lancaster is not.

In this case, Mr. Swift had all of the luck.

1 Reply

@firefly,

Had you asked, I would have told ya that blood could be drawn. But you didn't. Since your still here, two eggs over easy, corn beef hash with wheat toast. And another cup of coffee. Your doing as I wish, might as well make me something to eat. Hehe

1 Reply

@ehBeth,

No dear, some people love three meals and a cot for free. They would commit a crime for such a thing. Doesn't sound like Swift was after that. Sounds like mistakes were made all around. Only Swift is left to suffer.

0 Replies

I just don’t understand drinking and driving

Related Topics

Quick Links

My Account

able2know