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Old 07-01-2014, 08:12 AM   #21
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Just like the actual shooter gets more time, I'm sure this guy isn't going to get max penalty or anything like that.
Like he said, it's their job to charge him with the crime. After he goes to court he may get off with a slap on the wrist.
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Old 07-01-2014, 08:14 AM   #22
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It's a Texas law. If two dumbshits rob a bank and someone is shot by one of the robbers, both are equally guilty of homicide in the law.
Lets use this for a more accurate scenario.

Two guys robbing a bank, perp. one shoots himself and dies. Do we charge perp #2 for murder?
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Old 07-01-2014, 08:17 AM   #23
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Originally Posted by Truckin_Thumper View Post
Lets use this for a more accurate scenario.

Two guys robbing a bank, perp. one shoots himself and dies. Do we charge perp #2 for murder?
I guess it would depend on how the law is written
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Old 07-01-2014, 08:17 AM   #24
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well...ok, there is that
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Old 07-01-2014, 08:23 AM   #25
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Uhhh it did say they struck each other, so who is to say he didn't hit the other guy???? Not saying he is or isn't guilty, just stating the facts. You live with the choices you make, unfortunately whether or not he caused the guy to go down, the other guy is dead and he will have to live with that forever no matter what his punishment is.
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Old 07-01-2014, 08:24 AM   #26
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The following became effective September 1, 2003:

545.420. RACING ON HIGHWAY
(a) A person may not participate in any manner in:
(1) a race;
(2) a vehicle speed competition or contest;
(3) a drag race or acceleration contest;
(4) a test of physical endurance of the operator of a vehicle; or
(5) in connection with a drag race, an exhibition of vehicle speed or acceleration or to make a vehicle speed record.
(b) In this section:
(1) "Drag race" means the operation of:
(A) two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other; or
(B) one or more vehicles over a common selected course, from the same place to the same place, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles in a specified distance or time.
(2) "Race" means the use of one or more vehicles in an attempt to:
(A) outgain or outdistance another vehicle or prevent another vehicle from passing;
(B) arrive at a given destination ahead of another vehicle or vehicles; or
(C) test the physical stamina or endurance of an operator over a long-distance driving route.
(c) [Blank]
(d) Except as provided by Subsections (e)-(h), an offense under Subsection (a) is a Class B misdemeanor.
(e) An offense under Subsection (a) is a Class A misdemeanor if it is shown on the trial of the offense that:
(1) the person has previously been convicted one time of an offense under that subsection; or
(2) the person, at the time of the offense:
(A) was operating the vehicle while intoxicated, as defined by Section 49.01, Penal Code; or
(B) was in possession of an open container, as defined by Section 49.031, Penal Code.
(f) An offense under Subsection (a) is a state jail felony if it is shown on the trial of the offense that the person has previously been convicted two times of an offense under that subsection.
(g) An offense under Subsection (a) is a felony of the third degree if it is shown on the trial of the offense that as a result of the offense, an individual suffered bodily injury.
(h) An offense under Subsection (a) is a felony of the second degree if it is shown on the trial of the offense that as a result of the offense, an individual suffered serious bodily injury or death.
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Old 07-01-2014, 08:26 AM   #27
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Quote:
Originally Posted by gots2no View Post
The following became effective September 1, 2003:

545.420. RACING ON HIGHWAY
(a) A person may not participate in any manner in:
(1) a race;
(2) a vehicle speed competition or contest;
(3) a drag race or acceleration contest;
(4) a test of physical endurance of the operator of a vehicle; or
(5) in connection with a drag race, an exhibition of vehicle speed or acceleration or to make a vehicle speed record.
(b) In this section:
(1) "Drag race" means the operation of:
(A) two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other; or
(B) one or more vehicles over a common selected course, from the same place to the same place, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles in a specified distance or time.
(2) "Race" means the use of one or more vehicles in an attempt to:
(A) outgain or outdistance another vehicle or prevent another vehicle from passing;
(B) arrive at a given destination ahead of another vehicle or vehicles; or
(C) test the physical stamina or endurance of an operator over a long-distance driving route.
(c) [Blank]
(d) Except as provided by Subsections (e)-(h), an offense under Subsection (a) is a Class B misdemeanor.
(e) An offense under Subsection (a) is a Class A misdemeanor if it is shown on the trial of the offense that:
(1) the person has previously been convicted one time of an offense under that subsection; or
(2) the person, at the time of the offense:
(A) was operating the vehicle while intoxicated, as defined by Section 49.01, Penal Code; or
(B) was in possession of an open container, as defined by Section 49.031, Penal Code.
(f) An offense under Subsection (a) is a state jail felony if it is shown on the trial of the offense that the person has previously been convicted two times of an offense under that subsection.
(g) An offense under Subsection (a) is a felony of the third degree if it is shown on the trial of the offense that as a result of the offense, an individual suffered bodily injury.
(h) An offense under Subsection (a) is a felony of the second degree if it is shown on the trial of the offense that as a result of the offense, an individual suffered serious bodily injury or death.
How was the law written prior to 2003?
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Old 07-01-2014, 08:51 AM   #28
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I think its BS that the survivor is charged with causing the death. He wasnt in control of the other bike. Can we go back to being responsible for ourselves?
+1

That is the most stupid I have ever heard of...

Especially since it was some hillbilly "witness" who saw the whole thing and made the claim of them "racing" and "high speed".. Yet he could hear them screaming at each other before the wreck.. c mon.. Like he could hear over two speeding engines..

How is the survivor liable because the other guy was speeding..? Maybe the other guy made an unsafe pass? Who the knows...

I feel bad for the guy that died but... The survivor should not be held accountable for his death.. That is just retarded..

Now if they were in a car together and the survivor was racing and crashed killing the passenger, that I could see charges for because he was in control.

I think he can beat this but it will cost him $$$.
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Old 07-01-2014, 08:52 AM   #29
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The Texas transportation code was adopted in 1995 by the 74th legislature.

Prior to 1995, it was called the Texas Uniform Act Regulating Traffic on Highways and was located in the Texas Civil Statutes article 6701d.

The 1995 version is substantially similar to what the law reads now (which has been updated in 2009 so the 2003 version is now out of date).

Old law is kind of hard to find. My records don't go past the 1995 adoption, so if somebody can track down the Texas Civil Statutes, you will see what the old law was written like.
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Old 07-01-2014, 08:54 AM   #30
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Old 07-01-2014, 08:54 AM   #31
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Old 07-01-2014, 08:57 AM   #32
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Sounds to me like it was kind of up to the judge before then.

Id. 545.420. Previously, the statute prohibited such conduct but did not prescribe a penal sanction. See Act of May 1, 1995, 74th Leg., R.S., ch. 165, 1, 1995 Tex. Gen. Laws 1025, 1025-1832. Since September 1, 2003, however, a violation of section 545.420 is a penal offense subject to punishment ranging from a Class B misdemeanor to a second degree felony, depending on a particular violation's circumstances. See Tex. Transp. Code Ann. 545.420(d)-(h) (Vernon Supp. 2004); Act of May 30, 2003, 78th Leg., R.S., ch. 535, 1-2, 2003 Tex. Gen. Laws 1825, 1825-26.
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Old 07-01-2014, 08:57 AM   #33
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if found this:

Quote:
Section 545.420 of the Transportation Code proscribes certain conduct involving racing on a highway:

(a) A person may not participate in any manner in:

(1) a race;

(2) a vehicle speed competition or contest;

(3) a drag race or acceleration contest;

(4) a test of physical endurance of the operator of a vehicle; or

(5) in connection with a drag race, an exhibition of vehicle speed or acceleration or to make a vehicle speed record.

(b) In this section:

(1) "Drag race" means the operation of:

(A) two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other; or

(B) one or more vehicles over a common selected course, from the same place to the same place, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles in a specified distance or time.

(2) "Race" means the use of one or more vehicles in an attempt to:

(A) outgain or outdistance another vehicle or prevent another vehicle from passing;

(B) arrive at a given destination ahead of another vehicle or vehicles; or

(C) test the physical stamina or endurance of an operator over a long-distance driving route.

(c) [Blank]

(d) Except as provided by Subsections (e)-(h), an offense under Subsection (a) is a Class B misdemeanor.

(e) An offense under Subsection (a) is a Class A misdemeanor if it is shown on the trial of the offense that:

(1) the person has previously been convicted one time of an offense under that subsection; or

(2) the person, at the time of the offense:

(A) was operating the vehicle while intoxicated, as defined by Section 49.01, Penal Code; or

(B) was in possession of an open container, as defined by Section 49.031, Penal Code.

(f) An offense under Subsection (a) is a state jail felony if it is shown on the trial of the offense that the person has previously been convicted two times of an offense under that subsection.

(g) An offense under Subsection (a) is a felony of the third degree if it is shown on the trial of the offense that as a result of the offense, an individual suffered bodily injury.

(h) An offense under Subsection (a) is a felony of the second degree if it is shown on the trial of the offense that as a result of the offense, an individual suffered serious bodily injury or death.

Id. 545.420. Previously, the statute prohibited such conduct but did not prescribe a penal sanction. See Act of May 1, 1995, 74th Leg., R.S., ch. 165, 1, 1995 Tex. Gen. Laws 1025, 1025-1832. Since September 1, 2003, however, a violation of section 545.420 is a penal offense subject to punishment ranging from a Class B misdemeanor to a second degree felony, depending on a particular violation's circumstances. See Tex. Transp. Code Ann. 545.420(d)-(h) (Vernon Supp. 2004); Act of May 30, 2003, 78th Leg., R.S., ch. 535, 1-2, 2003 Tex. Gen. Laws 1825, 1825-26.
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Old 07-01-2014, 09:19 AM   #34
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Old 07-01-2014, 09:23 AM   #35
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Hey now..... They were on a Farm road. Sorry for the lack of Starbucks.
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Old 07-01-2014, 09:25 AM   #36
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have any of you guys been out that way? few weeks ago i rode out there and they are installing a massive water pipe in the road. dirt covering 90% of the roadway loose gravel and construction equipment. i didnt feel safe going speedlimit on my motorcycle. if these two decided to race in that i wonder how much meth they were on. im pretty sure its the right area cause the guy hit the pipes and died.
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Old 07-01-2014, 09:27 AM   #37
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The surviving rider being charged is Bullshit! Welcome to Germany.
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Old 07-01-2014, 09:31 AM   #38
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LMAO reference.

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Old 07-01-2014, 09:34 AM   #39
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Quote:
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The surviving rider being charged is Bullshit! Welcome to Germany.
Texas is Germany? Might I suggest hitting I-45 North and then I-35 North for at least 350 total miles
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Old 07-01-2014, 09:36 AM   #40
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