A friend of mine had a guy pull out in front of him the other day and it killed the guy. my friend has a suspened licence due to a speeding ticket. he was just going to see the doc. he would have got his license back in a few weeks. the wreck was not his falt but how will the courts see it.
2007-05-06 10:04:26 · 9 answers · asked by jke0123 1 in Politics & Government ➔ Law & Ethics
The law will view our friend as someone who shouldn't have been there. It's his fault. Bad news.
2007-05-06 10:53:04 · answer #1 · answered by Jen 5 · 1⤊ 0⤋
If the accident is found to be not his fault (either no fault or the other driver's fault) then I would have to think the worst charge he would face is driving with a suspended license. This will mean a large fine, probably some community service, maybe some jail time, and a longer time before he receives his license.
The other's parties family may wish to file a civil motion for wrongful death as your friend did not have the legal right to be operating a vehicle in the first place. They may have a case in civil court.
2007-05-06 10:27:46 · answer #2 · answered by msi_cord 7 · 1⤊ 0⤋
Don't listen to 99.9% of the people on here that have answered this question. The fact that his license was suspended is a totally separate issues from a person dying in a wreck. A Judge will not look at your friend and say "this wreck was not your fault, but since your license was suspended you get to go to jail". That is ridiculous. He goes to jail if he is found to be responsible for the other guys death, not because his license was suspended. And even if the Judge did find your friend liable for the other guys death, as long as alcohol drugs, or gross negligence was't involved, he still probably would look at probation rather than jail time.
As for the actual driving on a suspended license, he will get fined. He may have the length of time before he can get his licensed back extended. But jail, and the thought of the dead guys family suing him for civil damages since is license wasnt valid is ridiculous.
2007-05-06 10:27:21 · answer #3 · answered by lawbrum319 2 · 1⤊ 1⤋
Your friend should have obeyed the law. Had he done so, he would not be in this predicament. He will probably get the max for driving while under suspension. I know I would want to make an example out of your friend if I was the prosecutor.
Break the law. Go to jail. Sorry. Those are the rules.
If the death was not his fault, I hope the court sees that as obvious. If the court does agree with you, he will not be charged with the death.
Get a lawyer for your pal.
2007-05-06 10:12:04 · answer #4 · answered by John 16 5 · 2⤊ 1⤋
He is facing some serious charges. He should not have been driving to begin with, regardless of where he was going... He should have had someone else drive him. But because he didn't obey the law, and he caused death to another person, guess what, it's still his fault. If he would have been a legal driver and the case proved that it wasn't his fault, then it would have stopped here. He's messed up now and may never get his license back. He's showed irresponsibility, and can't weasel his way out of this one, his best bet is to show up and face the music and try to straighten out his life.
2007-05-06 10:14:13 · answer #5 · answered by Dee 3 · 2⤊ 1⤋
Even if the wreck wasn't his fault a judge will look at it from the stand point of him not having a valid license. The judge will say he shouldn't have been driving in the first place. He'll prolly be charged with involuntary manslaughter.
2007-05-06 10:14:58 · answer #6 · answered by Anonymous · 1⤊ 1⤋
Well, he would have been fine if he had a drivers license. But because he was technically driving illegally then he will have to face the court and plead guilty. He might get a fine or some time in jail.
2007-05-06 10:12:24 · answer #7 · answered by starryangle23 2 · 1⤊ 1⤋
He could go to jail for 6 months for driving on a suspended license.
The victims relatives could file a civil suite for involuntary manslaughter for which he could be found liable and do 7 to 10 years in state prison, and, or pay restitution.
Major bummer.
2007-05-06 10:18:25 · answer #8 · answered by wernerslave 5 · 2⤊ 1⤋
I hope they throw the book at him for driving while disqualified and I think they will.
You are not supposed to drive the court said, so expect 5 years at least and quite right.
2007-05-06 10:09:35 · answer #9 · answered by Sally H 3 · 2⤊ 0⤋