E90Post
 


Extreme Powerhouse
 
BMW 3-Series (E90 E92) Forum > BIMMERPOST Universal Forums > Off-Topic Discussions Board > Nissan GTR Hit and Run



Reply
 
Thread Tools Search this Thread
      08-02-2013, 01:30 PM   #45
MediaArtist
There is No Substitute
MediaArtist's Avatar
United_States
72
Rep
1,186
Posts

Drives: Audi A6, 997 GT3 RS, E90 335i
Join Date: Apr 2010
Location: Laguna Beach, CA

iTrader: (0)

The GTR driver will definitely do some time for hit-and-run, and had he stayed he probably would not have done any time (as long as he wasn't drinking or smoking pot or something).

But damn, that old coot was an idiot for leisurely riding his bike into the street on a green light. It's fucking LA, has he only lived here for 2 weeks or something? The people here drive like they have a match under their ass 24/7, even the Dodge mini-van soccer moms.
__________________
'13 Audi A6
'07 Porsche GT3 RS
'08 BMW E90 335i
Appreciate 0
      08-02-2013, 03:35 PM   #46
schoy
Major
997
Rep
1,005
Posts

Drives: Melbourne Red E90 M3
Join Date: Apr 2010
Location: USA

iTrader: (0)

Hit and run in CA is a misdemeanor offense, punishable up to 1 year in jail and/or a fine up to $10K (CA Vehicle Code 20000 et seq.). If the hit and run resulted in a death or bodily injury (as in this case), there's a number of Good Samaritan and reporting requirements as well, which the driver here obviously failed to do, so there may be multiple charges for each failure.

Assuming the driver didn't break any other laws (running red, speeding, DUI, etc.), don't think any of the homicide charges would stick (even manslaughter).
Appreciate 0
      08-03-2013, 02:31 AM   #47
asdflkijd
Aberry is a scammer
asdflkijd's Avatar
United_States
558
Rep
5,507
Posts

Drives: SGM E92 335i, AM E90 335i
Join Date: Jun 2007
Location: Seattle, WA

iTrader: (14)

Garage List
Quote:
Originally Posted by Inspired View Post
I don't see why the police are even looking for the driver to begin with? In case he might be driving under the influence? I know it is the law to stay after the accident but the video showed that the GTR did nothing wrong. It was his green and the car on the left was blocking his vision and was unable to see the bicycle coming.

At the end of the day, it's just a unfortunate that the old man had to run the red. But even if the police came, they would have released him immediately because of the video evidence (speaking that he has a valid drive license, insurance and not under the influence).
You're an idiot. I hope something like this happens to you and hope you still feel the same way.
Appreciate 0
      08-03-2013, 02:34 AM   #48
asdflkijd
Aberry is a scammer
asdflkijd's Avatar
United_States
558
Rep
5,507
Posts

Drives: SGM E92 335i, AM E90 335i
Join Date: Jun 2007
Location: Seattle, WA

iTrader: (14)

Garage List
Quote:
Originally Posted by schoy View Post
Hit and run in CA is a misdemeanor offense, punishable up to 1 year in jail and/or a fine up to $10K (CA Vehicle Code 20000 et seq.). If the hit and run resulted in a death or bodily injury (as in this case), there's a number of Good Samaritan and reporting requirements as well, which the driver here obviously failed to do, so there may be multiple charges for each failure.

Assuming the driver didn't break any other laws (running red, speeding, DUI, etc.), don't think any of the homicide charges would stick (even manslaughter).
You can actually get a ticket for accelerating too quick from a stop, I'm sure the GTR driver is able to afford a good lawyer so unfortunately, he'll probably get off the hook.
Appreciate 0
      08-05-2013, 09:15 AM   #49
kits135i
Private First Class
9
Rep
145
Posts

Drives: Coming Soon
Join Date: Feb 2013
Location: San Diego

iTrader: (1)

Quote:
Originally Posted by asdflkijd View Post
You can actually get a ticket for accelerating too quick from a stop, I'm sure the GTR driver is able to afford a good lawyer so unfortunately, he'll probably get off the hook.
That would be excessive show of power. However, from the video, I do not see the GTR taking off that quickly to be excessive show of power.
Appreciate 0
      08-05-2013, 09:17 AM   #50
kits135i
Private First Class
9
Rep
145
Posts

Drives: Coming Soon
Join Date: Feb 2013
Location: San Diego

iTrader: (1)

Quote:
Originally Posted by asdflkijd View Post
You're an idiot. I hope something like this happens to you and hope you still feel the same way.
How the hell is he an idiot? Why does he deserve this to happen to him? He is right to a point. If he would have stayed he would not be liable for what happened.
Appreciate 0
      08-05-2013, 09:27 AM   #51
Templar
Lieutenant Colonel
Templar's Avatar
United_States
268
Rep
1,883
Posts

Drives: 2011 E92 M3
Join Date: Feb 2009
Location: One of the coasts...

iTrader: (1)

Garage List
2011 BMW M3  [10.00]
Quote:
Originally Posted by kits135i View Post
How the hell is he an idiot? Why does he deserve this to happen to him? He is right to a point. If he would have stayed he would not be liable for what happened.
That doesn't give him the green light to leave the scene like he did, though...
__________________
'11 BMW E92 ///M3 - ZCP and DCT
'15 Ford F-250 - Lariat, 6.7 Powerstroke Turbo-diesel
Appreciate 0
      08-05-2013, 10:40 AM   #52
KwlAznKid
Brigadier General
KwlAznKid's Avatar
354
Rep
3,036
Posts

Drives: BMW/MERCEDES/PORSCHE
Join Date: Jun 2005
Location: Los Angeles/Fremont USC/UCSD Alum

iTrader: (6)

so... the guy get caught or not?
__________________
BMW E93 M3 / Mercedes Benz W209 CLK500
BMW E64 650I(sold) / BMW E92 328I(sold) / BMW E46 M3(sold) / BMW E92 335I(sold)
Porsche 996 911 C2(sold) / BMW E46 325CI(totaled)
Appreciate 0
      08-05-2013, 11:13 AM   #53
Kwando
Major
Kwando's Avatar
Canada
431
Rep
1,428
Posts

Drives: 2018 340i xDrive
Join Date: Jan 2011
Location: London, Ontario, Canada

iTrader: (1)

Sounds like the suspect is still at large, surprisingly.
Appreciate 0
      08-05-2013, 03:07 PM   #54
infinitekidM2C
Major General
infinitekidM2C's Avatar
United_States
4207
Rep
5,728
Posts

Drives: 2019 M2 Competition
Join Date: Nov 2007
Location: Orange County, CA

iTrader: (4)

Garage List
he's probably back in Seoul already
Appreciate 0
      08-07-2013, 11:09 PM   #55
asdflkijd
Aberry is a scammer
asdflkijd's Avatar
United_States
558
Rep
5,507
Posts

Drives: SGM E92 335i, AM E90 335i
Join Date: Jun 2007
Location: Seattle, WA

iTrader: (14)

Garage List
Quote:
Originally Posted by kits135i View Post
How the hell is he an idiot? Why does he deserve this to happen to him? He is right to a point. If he would have stayed he would not be liable for what happened.
But did he? That's what I thought.
Appreciate 0
      08-09-2013, 11:34 AM   #56
kthankzbye
Lieutenant
kthankzbye's Avatar
86
Rep
459
Posts

Drives: 2011 F10 550i, 2020 G05 40i
Join Date: Feb 2011
Location: Brooklyn, NYC

iTrader: (1)

Leaving the scene is a crime. If nobody was killed. The punishment is not as bad.

I got into a head on collisions in my X5. The Lincoln navigator tried to drive off but his wheel came off. He fled the scene by foot and left his car. Obviously, he was drunk or why else would he have ran away.

They found him and we went to court and all he got was a criminal record, and a few months of probation. I was hurt but not enough for him to go to jail.

People are really stupid sometimes.
Appreciate 0
      08-09-2013, 12:55 PM   #57
happos2
Dingleberries
76
Rep
1,246
Posts

Drives: Gray E92 M3
Join Date: May 2012
Location: Indiana

iTrader: (3)

Quote:
Originally Posted by kits135i View Post
How the hell is he an idiot? Why does he deserve this to happen to him? He is right to a point. If he would have stayed he would not be liable for what happened.

His car, him driving. He is liable. Just because you are liable, doesn't mean you get charged with a crime. If he would have stayed, with the evidence made public, he would likely not have gotten any punishment.


Quote:
Originally Posted by Team Plutonium View Post
Nope, manslaughter will be the charge, only a murder charge needs intent. The charges will probably be vehicular manslaughter, and leaving the scene of an accident. By the time he is caught direct DUI charges will be probably impossible, but they'll tag more on for sure.

As for vehicular manslaughter, I don't think that applies here since the GTR owner was in the right. The crime is leaving the seen, not actually hitting the bicyclist. However, I agree with you on the difference between murder and manslaughter.
Appreciate 0
      08-09-2013, 01:56 PM   #58
kits135i
Private First Class
9
Rep
145
Posts

Drives: Coming Soon
Join Date: Feb 2013
Location: San Diego

iTrader: (1)

Quote:
Originally Posted by happos2 View Post
His car, him driving. He is liable. Just because you are liable, doesn't mean you get charged with a crime. If he would have stayed, with the evidence made public, he would likely not have gotten any punishment.





As for vehicular manslaughter, I don't think that applies here since the GTR owner was in the right. The crime is leaving the seen, not actually hitting the bicyclist. However, I agree with you on the difference between murder and manslaughter.
I think you did not read the text to that reply. My post was because the previous post said, He wished someone would die because he felt the police probably was not looking hard for the guy who fled. You should never wish death on anyone. Especially due to an opinion.
Appreciate 0
      08-09-2013, 02:20 PM   #59
schoy
Major
997
Rep
1,005
Posts

Drives: Melbourne Red E90 M3
Join Date: Apr 2010
Location: USA

iTrader: (0)

Quote:
Originally Posted by Team Plutonium View Post
It applies to him now since he didn't stop. Any DA worth their salt will tack that on in addition to a 'leaving the scene of an accident' charge. The question will be if he gets convicted of this or not. But I have no doubt that he will be charged with manslaughter.
And any defense attorney worth their salt will get that charge dismissed, unless the DA can prove without a reasonable doubt that the failure to render aid per the hit-and-run law caused the bicyclist to die.
Appreciate 0
      08-13-2013, 03:56 AM   #60
e92zero
Captain
212
Rep
875
Posts

Drives: 2011 E92 BW
Join Date: May 2010
Location: somewhere in US

iTrader: (1)

This is just really sad. May the biker RIP. I think the GTR is in some serious trouble here. I don't think he is in the right in any way. Green light just mean you can proceed when it's safe, if there are cars or other pedestrian in the intersection, you cannot just ram them because you have a green light. Subjects that are already in the intersection has the right of way to finish crossing the intersection. I believe this is in the DMV handbook. The biker given his old age probably didn't run the red light himself either, it might just be taking him a bit longer to finish crossing the intersection. He could very well entered the intersection before the light even turns yellow. Just my 2 cents. I hope that GTR driver get caught and serve some serious punishment. That is so wrong.
Appreciate 0
      08-13-2013, 01:31 PM   #61
sanf
Second Lieutenant
21
Rep
261
Posts

Drives: F10 535XI
Join Date: Jul 2011
Location: East Coast

iTrader: (1)

Quote:
Originally Posted by e92zero View Post
This is just really sad. May the biker RIP. I think the GTR is in some serious trouble here. I don't think he is in the right in any way. Green light just mean you can proceed when it's safe, if there are cars or other pedestrian in the intersection, you cannot just ram them because you have a green light. Subjects that are already in the intersection has the right of way to finish crossing the intersection. I believe this is in the DMV handbook. The biker given his old age probably didn't run the red light himself either, it might just be taking him a bit longer to finish crossing the intersection. He could very well entered the intersection before the light even turns yellow. Just my 2 cents. I hope that GTR driver get caught and serve some serious punishment. That is so wrong.
I don't think the GTR driver ram down the old man on purpose just because he had a green light ......
Appreciate 0
      08-13-2013, 01:56 PM   #62
schoy
Major
997
Rep
1,005
Posts

Drives: Melbourne Red E90 M3
Join Date: Apr 2010
Location: USA

iTrader: (0)

Quote:
Originally Posted by e92zero View Post
This is just really sad. May the biker RIP. I think the GTR is in some serious trouble here. I don't think he is in the right in any way. Green light just mean you can proceed when it's safe, if there are cars or other pedestrian in the intersection, you cannot just ram them because you have a green light. Subjects that are already in the intersection has the right of way to finish crossing the intersection. I believe this is in the DMV handbook. The biker given his old age probably didn't run the red light himself either, it might just be taking him a bit longer to finish crossing the intersection. He could very well entered the intersection before the light even turns yellow. Just my 2 cents. I hope that GTR driver get caught and serve some serious punishment. That is so wrong.
You can see that the biker wasn't going THAT slow. Given the pace of the biker, and the fact that he didn't make it to the other side before the light turned green, it would seem that the biker proceeded to cross the intersection when the walk signal was flashing red.

Also, millions of cars every day (legally) go through green-light intersections without pausing or stopping. I don't think we want to set the precedent that cars should pause or stop at green lights to check for pedestrians.

At the point of impact, this looks to be an accident (i.e. convergence of bad facts). Obviously, the hit-and-run afterwards is a crime in and of itself ...
Appreciate 0
      08-13-2013, 02:17 PM   #63
MediaArtist
There is No Substitute
MediaArtist's Avatar
United_States
72
Rep
1,186
Posts

Drives: Audi A6, 997 GT3 RS, E90 335i
Join Date: Apr 2010
Location: Laguna Beach, CA

iTrader: (0)

Honestly, I hope the guy doesn't get caught.

Why should his life be ruined because some old koot decided he was invincible and rode out into the street when he did not have the right of way?

I understand the boy racers drive dangerously, and they're annoying, but this old man was clearly in the wrong when it came to right-of-way.
__________________
'13 Audi A6
'07 Porsche GT3 RS
'08 BMW E90 335i
Appreciate 0
      08-13-2013, 02:45 PM   #64
kits135i
Private First Class
9
Rep
145
Posts

Drives: Coming Soon
Join Date: Feb 2013
Location: San Diego

iTrader: (1)

Quote:
Originally Posted by Team Plutonium View Post
The fact that and why he left will play a huge role. If the driver was under the influence it will be manslaughter, regardless if it was the biker's fault.
BULL SHIT!!! Show me the law and state this crap would stand. IT WAS NOT HIT FAULT PERIOD!!!
Appreciate 0
      08-13-2013, 02:52 PM   #65
KingOfJericho
Major General
KingOfJericho's Avatar
United_States
2452
Rep
7,341
Posts

Drives: Yes
Join Date: Aug 2007
Location: CT

iTrader: (1)

Garage List
2010 135i Coupe  [5.26]
If the guy on the bike was uninjured, would you guys feel the same way? The bottom line is that the accident and the resulting injuries were not caused by the guy in the GTR, they were caused by the guy on the bicycle failing to follow traffic laws. Manslaughter might apply if the driver was wasted and crashed into him because of his intoxication but we can't prove that this was the case. He could have been charged with DUI when the police showed up but that would not be connected to the accident with the bike as it was not the cause of the crash.

Think about it this way... if the bike guy wandered onto a well-signed construction site and moved into the way of an excavator which killed him and the operator then ran away, would bike-guy's death be on the hands of the excavator operator? I think not. Bike-guy broke the law and was involved in an accident because of it. The actions of the driver after the accident were terrible, but they also didn't cause his death and are therefore not manslaughter.
__________________
The views and opinions expressed in this post are those of the author and do not necessarily reflect the official policy or position of Bimmerpost.

2018 Jeep Grand Cherokee High Altitude Hemi | 2010 S4 Sold | 2010 BMW 135i Retired | 2006 Lotus Exige Sold
Appreciate 0
      08-13-2013, 05:18 PM   #66
e92zero
Captain
212
Rep
875
Posts

Drives: 2011 E92 BW
Join Date: May 2010
Location: somewhere in US

iTrader: (1)

Quote:
Originally Posted by sanf View Post
I don't think the GTR driver ram down the old man on purpose just because he had a green light ......
I wasn't implying the driver in the GTR ram the old man on purpose. I am trying to say that one cannot just go because you have a green light to those that said the GTR driver did nothing wrong because he has a green light.

Quote:
Originally Posted by schoy View Post
You can see that the biker wasn't going THAT slow. Given the pace of the biker, and the fact that he didn't make it to the other side before the light turned green, it would seem that the biker proceeded to cross the intersection when the walk signal was flashing red.

Also, millions of cars every day (legally) go through green-light intersections without pausing or stopping. I don't think we want to set the precedent that cars should pause or stop at green lights to check for pedestrians.

At the point of impact, this looks to be an accident (i.e. convergence of bad facts). Obviously, the hit-and-run afterwards is a crime in and of itself ...
I don't think the argument is the same when the light has been green already because that mean the pedestrians jay walked or the other vehicles ran a red light completely. The burden is on the pedestrians in that case. The point that I am trying to make here is that the light just turn green and you cannot just step on the gas and go because you have a green light. At least that's what I was told before. 'A green light does not mean you can automatically go, it just means it's your turn to proceed but you have to make sure the intersection is clear/safe'. Something to that degree.

There are also lots of drivers (legally maybe) flooring it to get into an intersection when the light turns yellow and didn't finish crossing the intersection before the signals in the side turns green. I see it every single day. If every driver step on the gas as soon as the light turns green without checking the intersection, there would be a lot more accident.

My thought is that the driver in the GTR is at least partially at fault when he enter the intersection without looking to see that the intersection is clear. And then on top of that, he did the hit and run. Extremely irresponsible.

On a side note, automated cars would be much easier to program if they can go as soon as the light turns green.

Last edited by e92zero; 08-13-2013 at 05:34 PM..
Appreciate 0
Reply

Bookmarks


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 02:59 PM.




e90post
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST