DVD-Watching Driver Charged with Murder 613
joke-boy writes "CNN reports that a driver in Alaska is being charged with second-degree murder for allegedly causing a fatality accident by driving while watching the movie 'Road Trip' in an in-dash DVD player. The driver contends he was just listening to music. Alaska has no laws prohibiting drivers from watching DVDs, although many other states do."
Keeping Up With Technology (Score:5, Insightful)
They don't need to, because technology hasn't changed anything. Manslaughter is still manslaughter. Negligence is still negligence. Careless driving is still careless driving. When laws address general principles, ephemeral trends don't make any difference.
What, is the "keeping up" going to change what is obviously totally irresponsible negligent manslaughter, into murder? That's not keeping up, that's perversion. The crime is manslaughter.
Re:Keeping Up With Technology (Score:5, Informative)
If you drive, you concentrate on the road, and if you don't do that, you face the consequences when the inevitable happens.
Re:Keeping Up With Technology (Score:4, Insightful)
Without the law, people wouldn't be bothered as much by the Law (fuzz), as much as perhaps they should be. Hence they passed the law to leave no room for argument: ****Getting caught talking on the cellphone whilst driving will ensure that you get ticketed!!!!****
Well, officer!!!! I wasn't driving THAT badly! *sob*--Here's your ticket, bitch.
Re:Keeping Up With Technology (Score:3, Interesting)
I've heard research that suggests using the phone is more dangerous because a passenger will see that there's a problem on the road and shut up whereas someone on the phone won't. Talking to a blind passenger or a
Re:Keeping Up With Technology (Score:3, Informative)
In principle, the offence was covered under 'driving without due care and attention'. In practice, most people felt that they were in full control of the vehicle, whilst chatting on the phone (in spite of studies to the contrary) [0]. Mobile phone use was endemic, so the legistlative decided to make it perfectly clear that is was not accpetable, by a specific and clear new law.
I understa
The reason for laws like that (Score:5, Insightful)
Now the defendant can't argue that he/she has some special ability to drive and yack at the same time without being distracted (even though he/she just caused an accident while on a cell).
Re:The reason for laws like that (Score:3, Interesting)
Legal systems already have a concept to make life easier on prosecutors (not sure this is a good thing) which is called case law. IANAL, obviously, but the results of earlier cases sets precedent which is considered in later ones.
Hence, if there is an overwhelming history of cases being prosecuted along certain lines, it gets easier and easier to do so in the future.
Now I do already think we have too many laws, and I think that case law makes the legal landscape essentially a sandbox filled with land
Re:Keeping Up With Technology (Score:5, Insightful)
The law actually prohibits drivers from using hand-operated mobile phones whilst driving: the use of a totally hands-free phone is still permitted, although dangerous driving whilst using a hands-free phone can still be penalised.
The facts about mobile phone usage whilst driving are pretty clear though. Studies have shown that your attention is far less focused on the road, and your reaction times are slower, whilst talking on a mobile phone than it would be if you were driving whilst drunk. But, of course, everyone who regularly drives and chats away on a mobile at the same time doesn't think that this applies to them, because they're a "good" or "safe" driver.
Just like drunk driving ... (Score:5, Insightful)
Part of being a member of society, is that you accept that society places restrictions ("laws") on what is and isn't acceptable behaviour. I have a right to LIFE as well as Liberty (according to the Constitution) and sometimes those contradict.
Liberty is not selfishness. Liberty is about each person taking personal responsibility, and when enough people show that they can't exercise their freedom and liberty in a safe and sensible manner, then, for the safety and freedom of all, restrictions (I believe) are sensible though regrettable.
I may feel perfectly safe using a cellphone while driving
YMMV
Re:Keeping Up With Technology (Score:5, Insightful)
If you think that the two can be done without compromising the attention given to one or the other, just try this experiment: play a game that you're familiar with (RTS, FPS, whatever) that requires real-time input whilst having a telephone conversation with a friend about a different topic. See how long it takes you to screw up in your game and/or for your friend to realise that your attention is focused elsewhere.
This isn't an issue about drivers talking. It's an issue about drivers being sufficiently distracted from the road that they become a danger to themselves, their passengers, other road users and pedestrians.
Call total BS all you want, but here are the facts (Score:3, Informative)
Here are just two of the articles that those Google searches bring up:
1. Mobiles 'worse than drink-driving' [bbc.co.uk]; and
2. Driving and Dialing [www.cbc.ca].
And, just because you're that damned lazy, here are a couple of quotes, one from each article:
1. Talking on a mobile p
Re:Ohh yea, lock us up BEFORE we commit crimes... (Score:5, Insightful)
Re:Ohh yea, lock us up BEFORE we commit crimes... (Score:5, Insightful)
My friend, let me enlighten you. Everyone who has had an accident while using a mobile phone has thought exactly the same thing: that they were able to chat (and worse, SMS!!) on their phone and drive quite safely
The freedom to text/chat on a mobile is equivalent to the freedom to drive around and randomly shoot at people. Both are dangerous. Both are stupid.
And both, thankfully, are illegal.
Re:Ohh yea, lock us up BEFORE we commit crimes... (Score:3, Insightful)
No, "my friend" let me enlighten YOU: Not every accident is caused by cell phones, and not every cell phone user is going to get into accidents. There's a whole other peice of that demographic that claims that they can talk and drive just fine and they DO.
Statistics show that eating, smoking
But by that reasoning... (Score:3, Insightful)
There are a lot of people who don't believe that talking on a cell phone while driving is dangerous. Yet it has been shown that people using non-hands-free cell phones while driving have an accident rate roughly equivalent to drunk drivers. Sounds like a good law to have to me
Re:Keeping Up With Technology (Score:4, Insightful)
but yeah, the idea that you need "special" laws for "special" cases, like killing a pregnant person, or driving with a cell phone (as opposed to the general "distracted driving" laws that every state has), or "killing a fellow teen as a gang-related crime" vs "killing a teen", or any of those damned things.
all it does is complicate things and make the lawyers very happy for the higher amount they can charge their clients...
Re:Keeping Up With Technology (Score:3, Interesting)
I'll leave DUI laws alone for the most part, due to the extreme an
Re:Keeping Up With Technology (Score:5, Insightful)
What really needs to happen is to have a minimum IQ for serving on juries.
Re:Keeping Up With Technology (Score:5, Funny)
So was the driver.
Sorry about that.
Re:Keeping Up With Technology (Score:2)
Re:Keeping Up With Technology (Score:3, Interesting)
Re:Keeping Up With Technology (Score:2, Insightful)
BS. People will convict on this, all the prosecutor needs to do is remind them that it could have been THEM on that road. It could have been their mother, father, sister, brother, husband, wife or child that was killed because someone was too busy watching a movie to pay attention to the road.
If the prosecutor fails to get a manslaughter conviction in this case, that prosecutor needs to get fired.
LK
Re:Keeping Up With Technology (Score:2)
Great. Like I don't already get called for jury duty enough. Of course, maybe I have too high opinion of myself. Maybe this would exempt me from jury duty forever.
Re:Keeping Up With Technology (Score:3, Insightful)
That's because that's pretty much how it works. If their is no law that says it's illegal to speed, than guess what? I can't be charged with a crime of speeding.
This doesn't mean this guys isn't guilty, but it doesn't mean watching a DVD while driving is illegal. Laws aren't their to tell us what we can do. Quite the opposite.
Re:Keeping Up With Technology (Score:3, Insightful)
If you want to get out of jury duty, wear this shirt [tshirthell.com] from www.tshirthell.com [tshirthell.com].
LK
Re:Keeping Up With Technology (Score:2)
Re:Keeping Up With Technology (Score:2)
"Because there is no specific law against this (or it is not mentioned specifically in a current law), I (or my staff) will actually have to do some work to convict someone of a crime"
It has nothing to do with not having applicable laws, which as you pointed out, they do. It is all about making it EASY for them to convict people. It should never be easy to convict people of a crime, as guilty as they may appear to be.
Re:Keeping Up With Technology (Score:2)
By claiming new laws were needed to cover things that were already against the law. The result is that no legitimate copyright violation is now illegal that wasn't before and many legitimate uses are now illegal.
Re:Keeping Up With Technology (Score:5, Informative)
Re:Keeping Up With Technology (Score:5, Funny)
Wreckless driving is desirable. It would be wonderful if everyone drove wrecklessly.
You're looking for "reckless"...
Re:MURDER, MURDER, MURDER (Score:3, Insightful)
Actually, killing someone during the commission of a felony is murder. (And not even all felonies.) Reckless driving is a misdemeanor in any juridiction I know of, and thus would result in the application of the misdemeanor-manslaughter rule, if it exists in your juridiction, rather than felony-murder.
Thus either "driving without due care and diligence" is a felony, you have a misdemeanor-murder rule, or yo
The story behind the story (Score:3, Interesting)
With a vehicle, it would seem more likely in Alaska you'd cross the median and strike an elk, grizzly, or something like that.
Re:The story behind the story (Score:3, Funny)
Re:The story behind the story (Score:2)
Re:The story behind the story (Score:2)
Re:The story behind the story (Score:2)
Re:The story behind the story (Score:2)
The obvious conclusion is that Alaskans, on average, drive farther.
Re:The story behind the story (Score:2)
As for the population of Alaska... well, Anchorage clocks in at 260,283 [epodunk.com]. Not bad, really, but I live in a metro area population of 7,000,000... so those figures cited above can be what is expected.
which Alaska were you in? (Score:2)
Re:The story behind the story (Score:5, Interesting)
I actually live right off the Seward highway and was returning home from a fishing trip when this very accident occurred. I was stuck at a standstill with 10,000 of my closest friends for about 45 minutes.
During the summer this road is the main artery from Anchorage (pop. about 300k) and the Kenai Peninsula (where all the fun is). This narrow winding road is literally glutted with motorhomes, trucks towing large boats, and rental cars on weekends. Often it is moose that cause accidents on this road but more often it is people drifting over the center line. If this guy was watching a movie he deserves to be prosecuted to the fullest extent of the law.
Re:The story behind the story (Score:3, Informative)
And it's pretty much the same road now. There are lots more passing areas between Anchorage and Girdwood, but summer time in Alaska means road construction, and for every passing lane, it seems like there's another construction spot. Slow down, wait, wait, wait.
My wife and I took turns two weeks ago driving from Anchorage to Sterling (on the same highway). The congestion is out of the norm for most Alaskans, and that increases tension, I thin
This is YRO how? (Score:5, Funny)
John.
Re:This is YRO how? (Score:5, Funny)
Re: (Score:2)
Comment removed (Score:5, Insightful)
Re:This is YRO how? (Score:2)
Regardless of what distracted him,
Re:This is YRO how? (Score:2)
Re:This is YRO how? (Score:2)
If he were distracted by an aardvark he'd let loose in the truck, he would not have been charged with manslaughter in the first place.
That's not to say, however, that his DVD-watching behavior wasn't negligent.
Re:This is YRO how? (Score:2)
No, the right that was violated he was the other person's right not to be killed by some idiot watching "road trip".
Road trip!!!!!!??????
Yeesh! I hope whoever kills me at least has some taste.
I'm confused... (Score:5, Funny)
Re:I'm confused... (Score:5, Funny)
Re:I'm confused... (Score:2)
Re:I'm confused... (Score:2)
Re:I'm confused... (Score:5, Funny)
Make an Example Out of This Guy (Score:5, Insightful)
There's no one alive so desperate for entertainment that they need an in-dash DVD player. The US Department of Justice (or whoever's in charge of this - I'm not sure) needs to underscore the fact that your own personal gratification needs to get put on hold when you're in control of a vehicle that can quite easily take lives.
Re:Make an Example Out of This Guy (Score:5, Insightful)
Re:Make an Example Out of This Guy (Score:2)
I disagree. I've priced MP3 players for my car, and I've priced DVD players that support MP3. I have to say that the DVD players offer more bang for the buck except most offer on sc
Re:Make an Example Out of This Guy (Score:3, Insightful)
I think a better statement would be that an in-dash movie player is too distracting, and it'd be true. When most people watch a movie, they focus in on the screen and tune out everything else. When you're driving, this is very probably lethal - either for you or for whoever else happens to be around. Cars should be (and most are, or were) designed to eliminate unnecessary visual distractions within the vehicle. (Some, like the "Engine About to Explode!" light, are necessary visual distractions)
nice troll. (Score:2)
Re: (Score:2, Funny)
So? (Score:2)
Re:So? (Score:2)
Nose-picking while driving doesn't really demonstrate total disregard for human life. Unless you're talking about some monsterous Olympic-grade nosepicking that I'm totally unaware of..
DVD-Watching Driver Charged with Murder (Score:2, Insightful)
Reaching (Score:2)
Lawer Speak (Score:5, Insightful)
From a random websearch for homicide [hypermart.net]:
Murder (1,2,3): Murder with EXPRESS or IMPLIED MALICE or intent to kill or do harm
Manslaughter(1,2): Manslaughter without express or implied malice or intent to kill or do harm
It seems to me that the driver falls into the manslaughter category, which includes vehicular manslaughter. If he were to be convicted of murder, it would mean that all drunk driving fatalaties could now be classified as murders as well.
Re:Lawer Speak (Score:2)
Re:Lawer Speak (Score:2)
Thinking the same thing. It's a little bit easier than what you found though - they have to prove he had a blatent disregard for human life in order to get the conviction. That's a bit easier to prove than implied malice. Either way, it'll be interesting to see how it goes. I agree that this is a bit of a publicity stunt - I guess the family or lawyer wants to make a public point. Not that I would blame him; I'd probably feel the same way given the sitaution.
Re:Lawer Speak (Score:3, Informative)
I am not a lawyer, but I do know this:
Killing someone while driving drunk will get you charged with MURDER in some states, not vehicular manslaughter.
It's not the Webster definition of murder, but I'm sure people who are facing murder charges care a *lot* more about what
Re:Lawer Speak (Score:5, Informative)
I think driving while watching a DVD could be a classic example of a reckless disregard for human life. The driver knew he was manuevering a ton of steel at high speed in a place where human beings were expected to be. I doubt that the DA had a choice in what charge to file, given both the letter and the spirit of the law.
Re:Lawer Speak (Score:2)
Well.... (Score:4, Insightful)
This asshat was watching a DVD WHILE DRIVING. WTF. Its bad enough dodging people that cant wait to use their cellphone, but even then the eyes are generally focused on the road (Not that it seems to help...). I can only hope that the major news networks pick up this story so people realize how much a careless choice can cost them.
Re:Well.... (Score:3, Insightful)
Dangerous behaviors dont cease to be stupid, regardless of how unlikely they are to harm someone else.
Prison sucks. (Score:4, Insightful)
Never let this guy drive again. Sending him to jail isn't helping anyone, though.
Re:Prison sucks. (Score:3, Informative)
Re:Prison sucks. (Score:2)
What they should do with drunk drivers is take away their regular liscense and give them a motorcycle-only liscense.
Either they'll quit driving drunk in a hurry, or they'll fix the problem themselves while causing MUCH less damage to their surroundings.
Re:Prison sucks. (Score:5, Insightful)
How do you know that he was watching a DVD? Did you read the article? Do you know what their proof was? Here's a quote if you didn't read up:
So I'll sum it up. The video screen was open while the car was turned off (and there was a video disc in the player). That's all of their evidence...for a murder case. I sure hope (for all of our sake) that the DA has to produce better evidence than that to destroy a third life.Re:Prison sucks. (Score:3, Interesting)
> the article? Do you know what their proof was?
Before you chastise the parent poster further, it sounds like the he may have been watching a DVD. The passenger admitted to his wife as much:
> Within hours, Douglas called his ex-wife and told her he was
> not sure how the collision occurred because he was "spacing
> out on a movie they were watching," according to prosecutors.
Even if a DVD were playing on the dash, and the driver wasn'
YRO? (Score:5, Insightful)
Rights online? What, was the idot browsing the web on a wifi connection also? Watching a DVD and driving a car wasn't enough stimulus, so he needed to, er, post on slashdot? IMDB forums? download porn at the same time?
Whatever. Even just watching the DVD justifies the charge, IMHO.
How dumb can (Score:2)
Emotional Car Driver Charged With Murder (Score:2, Funny)
Who cares about the DVD? (Score:2, Insightful)
First Off... The irony! He was watching Road Trip while driving? What a laugh!
Now, for the real comment: Who cares whether watching the DVD is a crime or not? In fact, as long as people don't get hit or cars get crashed, I couldn't care less what the driver next to me is doing. (However, watching DVDs would probably cause these kinds of accidents, so if they wanted to prohibit it, I'd be glad to hear it.).
I'd be glad to see this kind of driver put away, not because of watching a DVD per se, but for not wa
Simple Law for Future Use (Score:3, Insightful)
But wait.. decent smart laws like this will have to get in line behind laws to take away citizens' fair use rights and campaigning!
How is this YRO? (Score:2)
Editors, care to explain?
Slashdot: (Score:2)
Legitimate Uses (Score:2)
Two points here:
First off, an in-dash dvd player can be used safely, namely for entertaining a passanger in one of the other 1+ seats in the car. It does however require that a driver have the sense and discipline to keep his attention on the road.
Second, regardless of if the state laws explicitly mention DVD's in their laws, this would still have to fall under distracted driver laws...those same laws that ensure that I can't play solitare on the dashboard. Which is a good thing...because I suck at solita
Mens rea (Score:4, Informative)
The question will be what was his men rea [nolo.com], which is a fancy legal latin term for guilty state of mind.
If you read the article, it sounds like this is a custom made installation the guy did himself. If that's the case, I think there is a better chance that the prosecution can provide the guy acted with wanton disregard for human life. That can justify a verdict of second degree murder. Otherwise, I still think the guy could go for manslaughter. Manslaughter is no laughing matter as it still results in a good bit of prison time.
Yet another submitter who can't use hyperlinks. (Score:2)
joke-boy [dweeb.org] writes "CNN reports that a driver in Alaska is being charged with second-degree murder [cnn.com] for allegedly causing a fatality accident by driving while watching the movie 'Road Trip [imdb.com]' in an in-dash DVD player. The driver contends he was just listening to music. Alaska has no laws prohibiting drivers from watching DVDs, although many other states do."
Look at that! Now people who have no idea what "Road Trip" is can just click that hyperlink and know. Astounding
Speaking of Technology... (Score:3, Insightful)
Now, if we could just deal with the other morons who think it's just fine to drive and read a newspaper, or put on makeup, or turn around and smack a kid in the backseat, or steer with one finger while holding a coffee cup as their left arms hangs out the window.
Updated laws? (Score:4, Interesting)
Reckless and careless driving are ALREADY illegal in every state.
This is where we get into trouble, lawmakers have these crazy ideas that they must be constantly making new laws.
Honestly I can't think of ANY new laws that are needed, we don't need new rules, additional restrictions, additional things which require licenses.
In fact there are quite a few things we need to abolish. DMCA, fishing licenses, gun restrictions, FOID cards, pretty much ALL spam/internet legislation that has been passed, pretty well all the government contract legislation needs either abolished or reformed in a manner that reduces restrictions and complexity.
Although we have certain guaranteed freedoms (I'll pretend there haven't been so many instances where they've been ignored, disregarded, or somehow overturned despite the fact that no branch of state, local, or federal government is supposed to have the authority to overrule them), what we don't have anymore is day to day freedom.
The average man, who is doing nothing wrong and living his life should have as few controls, restraints, and tracking as humanly possible. Instead he must register, submit, fill out paperwork, file for a SS#, submit to tracking via that number, maintain an updated legal address, etc.
If a man wishes to have money in the bank, the government wants to know about it, and more they want to know how much and if too much they want to know where it came from. I say, bust me for drugs and then you can investigate my bank accounts, otherwise, leave me the hell alone!
In short, new laws and additional restrictions are bad. Especially when the only purpose they serve is to tack on another charge to give the states attorney a better hand when plea bargaining.
And this infringes on my rights how? (Score:5, Insightful)
Or with my rights at all for that matter. I don't have a right to not pay attention to the road. I don't have a right to be distracted while driving. And I certainly don't have a right to any form of entertainment I choose while driving?
He was distracted in his car and crossed the double yellow line. End of story.
Comment removed (Score:3, Interesting)
Good (Score:3, Insightful)
Throw him in prison for a couple decades. The idea that a driver's license gives somebody a right to treat the windshield like a video game is psycho and anybody who thinks otherwise should grow up. It is a responsibility and actually does require the full attention of one's brilliant mind (unless one is a Senator from South Dakota).
No excuses. No "oopsy!" No "two kills and you're out." Just no excuses. I remember a few years ago when some local kids were randomly shooting a rifle out a car window and "accidently" killed a guy on a porch. They got several years in reform school. What's the difference between a rifle and a car when it is wielded irresponsibly in a death?
Re:I Can't Blame the Guy (Score:3)
Look, if you can't bother to pay enough attention to control the vehicle, get out from behind the &*^%$#@ wheel! Ditto if you can't stay awake. Is that so hard to understand?
Re:I Can't Blame the Guy (Score:2)
What were we talking about?
Re:I Can't Blame the Guy (Score:2)
Boy, is THAT stimulating or WHAT?
The road, the yellow lines, the road, the yellow lines, the road, the yellow (yawn) lines, the (blink, blink) road, the yellllllllow lines (blink), the roooooooooooooooooooad (snore!!!!)
Yeah, very exciting.
Re:I Can't Blame the Guy (Score:2)
I'm not following you. Could you repeat that?
Re:I Can't Blame the Guy (Score:2)
I hope you enjoy the higher prices from maintaining a "just in case" inventory policy instead of a "just in time" inventory.
Millions of trucks on the road means that stores can purchase only the inventory they need, instead of paying for warehousing for stuff they may NEVER sell. That inventory cost is passed directly to you, the dork who is willing to pay $5,000US
Re:it's a car (Score:3, Interesting)
I'd almost go along with this. We definitely need much stricter standards for driving. I think you should need additional testing to be allowed to use a phone while driving, too. It's clear that most drivers aren't capable of doing them both at the same time-- at least not safely.
In Japan, a driver's liceense is just that-- a professional license (at least it used to be). If you kill someone through professional negligence, you are in deeeep doodoo.
Works for me.
Re:YRO (Score:3, Insightful)
Before taking this step, I hope you'll consider the four problems that LCD-based touchscreen automotive displays have. I'd hate to see a fellow slashdotter get in an accident.
1. Poor contrast compared to dedicated analog gauges -- your eyes can see a white needle on a black background on a standard gauge much faster than a while pixelated line on a black lcd background, because lcd black isn't r
Reckless indifference = murder 2 (Score:3, Insightful)
From what I understand, if you act in a way which shows a depraved or reckless indifference towards human life, you can be charged with murder in the second degree.
Again, IANAL. IWTV. (I watch TV)