If you were the judge in this case, how would you rule?

[threeprong]

A driver of a vehicle crosses the center line and strikes an oncoming cyclist. The driver never hit the brakes. The driver of the vehicle keeps going and doesn't stop.

The accident happened 1 hour and a half before sunset. Visibility was excellent. No rain.

Witnesses watched the SUV involved hit the cyclist, slow down, execute a u-turn and then proceed to leave under high acceleration.

2 days later, a convenience store clerk reports a vehicle matching the description of the vehicle in the accident and takes down the license plate. Highway patrol find the vehicle parked at a residence of the driver. The windshield is dished in and spider webbed over 1/3 of the glass on the driver's side. There's blood and hair from the cyclist in the windshield.

Court records show that the driver has charges pending from June 2007 of failure to appear in court on charges of driving with no operator’s license, having no insurance, speeding and driving the wrong way on a two-lane road.

The driver pleaded guilty in July 2003 to driving without an operator’s license; and paid fines and court costs. The driver also was charged with driving left of center but pleaded guilty to the lesser charge of improper equipment.

In this case, the driver will plead guilty to misdemeanor death by motor vehicle, felony hit and run, and having no operator’s license. ALl charges stemming from the fatal accident.

So, the driver has plead guilty. What is the punishment?

If you need more info, I'll supply it but I am trying to make this unbiased with no factoring in of personal factors.

[Seacrest]

The driver will probably get a slap on the wrist.

[graylocks]

i think the driver should be put in jail for a number of years. too many people drive irresponsibly. if nothing else, it should be made evident that there are serious consequences for doing so. the driver was callous and cavalier and should rot in jail for a good while.

[cbelt3]

Unfortunately it depends entirely on the laws of the state, county, city, town. And sentencing guidelines, etc... The driver probably got off with probation.

Personally I'd love to throw Murder One at the driver, and sentence them to life in prison. Getting behind the wheel while unlicensed is the same, in my mind, as picking up a loaded gun.

[vicrock]

I'd bet on 10 years but only serving about 18 months

[DRR]

I'd throw the book at him. Unfortunately the charges are misdemeanor death, felony hit and run, and driving without a license. And you can't arbitrarily assign punishments to those charges, there is a range of punishment spelled out for each one of those (i.e. 5-10 years, etc) It's the judge's job to decide which end of the spectrum that is on.

Given the charges, my guess is that he gets about 7 years and he's out in maybe 4.

[OWC Jamie]

If it's my state, there's no room in the jails, even if he was incarcerated he would get early release.
He'd probably be sent home with an ankle bracelet.


With a good lawyer he might even get the hit and run charges dropped or the penalty reduced to any time served.
Or jail time deferred depending on future behaviours.
(promise to stay out of my court and you can go home)

[decay]

was it proven that driver was the vehicle's operator at the time?

was he/she an elected official?

[rjmacs]

Sentencing is about more than the crime; it is about the impact of the punishment.

An appropriate sentence might be very different (IMO) for a single working mother with young children, two jobs, no extended family, and a plausible (if unacceptable) reason for fleeing the scene of the crime, than for a twenty-something reckless troublemaker who has regular run-ins with local law enforcement, a drug problem, and no remorse for the crime committed. Or, for a doddering 80-year old senior who is verging on senile, has poor familial and community support, and is only partly clear about what has occurred.

The reason we empower judges to exercise discretion in matters of sentencing is because they are expected to gauge the impact of the punishment imposed on both the convicted, and the community. I can't even voice an opinion on the subject without knowing more, and i'm skeptical of any statements of "clear right and wrong" from people who don't know the case in full. It's easy to stand in judgment when the weight of the judgment isn't yours to bear.

[Paul F.]

First, because of the way you asked the question, I have to politely throw this in...
If you're a Juror or some such.. please tell the Judge NOW to excuse you, so there's no mistrial.

I figure that's unlikely... but I had to say it.


Now.. on to the question.
In MY opinion, a hit and run like that deserves 15-20 years.
Had a (sober) driver screwed up and hit someone, and STOPPED and fessed up; I can be lenient.
Had the driver started to leave, then stopped and fessed up... I could be lenient.

To kill someone, run and hide for a couple days, IN ADDITION to the previous charges?
15-20... 10 with good behavior.
Not a day less!

I could be swayed the other direction to a "hard 20" with no parole too...