[no subject]

As far as OJ's concerned I feel the civil trial was in a way double
jeopardy.


On Mon, 2004-11-15 at 17:17, Greg wrote:
> You are in a land that has 2 different systems - criminal and civil law.
> Under civil law (torts) you are responsible to the victim for damages and
> under civil law (contract) your insurer has to pay for the bills (note - be
> sure to ask for "diminishment of value" from your insurer).  Under criminal
> law you pay the courts for this misdeed (under whatever the cop writes up or
> the judge decides), which represents the people.  Yes, it seems you are
> being dinged twice - just like OJ was 1-1 and Klaus Bulow (?) got hit by the
> in-laws and the insurance company in a civil suit without any criminal
> trial.  Is it fair ?  Well, I dunno.  Seems to me you have already paid your
> debt to society, but no one cares what I think.  Besides, what do we do
> about those who run red lights but don't cause accidents ?  Wait until they
> run over a kid and expect the civil suit to mete out punishment ?  The "no
> blood no foul" rule on the basketball court/school yard/soccer pitch seems a
> little ... hummm "risky" to use in modern society.  This dual system has
> been in place since the beginning and shows no end in sight.
> 
> I wasn't aware that you couldn't plead nolo contendre only once every 5
> yrs - sounds kinda crazy to me, but again, no one asked me.  Yes, you are in
> a bind and I don't wish you any ill will.  I guess that's just the system
> and you can only minimize your exposure.  Personally I would pay the fine
> (knowing that in court I am going to lose) and thus at least saving myself
> the cost of court.
> 
> ... and BTW, yes, hitting someone in GA *does* warrant a citation - every
> single time - that's the law.  The people want it that way and the cop's job
> is to enforce it - without prejudice.  And as this isn't Mexico I kinda
> think the cop isn't getting "his piece of the action" out of it.  To him/her
> it's just another part of the job.  AFAIK cops in GA are not paid on
> commission.   When you violate the law you must expect to be called on it,
> unless you subscribe to being above it.  Your payment of the civil costs is
> only what is expected and fair under civil law and nothing done under civil
> law gets you out of the criminal law's prosecution.  Don't confuse the two.
> 
> Kudo's to accepting your responsibilities under civil law but ... yes ...
> the people now want you to answer for your crimes ... (and no, I don't blame
> you for trying to avoid paying (more)) ... that's your right here in the US,
> but this *is* pretty ho hum every day stuff to the DA, the courts, and the
> cop and I really feel you have no case.  But to paraphrase Voltaire - I will
> fight for your right to be heard.
> 
> ... and if you need more time you need to file a continuance errr ...
> "should have" filed a continuance. I know Cobb county has a huge website on
> court matters with lots of stuff for do-it-yourselfers.  Including a 25
> minute video.  Don't know about Gwinnett.
> 
> G'day,
> 
> Greg
> 
> -----Original Message-----
&gt; From: ale-bounces at ale.org [<a  rel="nofollow" href="mailto:ale-bounces";>mailto:ale-bounces</a> at ale.org]On Behalf Of
&gt; Christopher Fowler
&gt; Sent: Monday, November 15, 2004 3:04 PM
&gt; To: Atlanta Linux Enthusiasts
&gt; Subject: RE: [ale] OT: Court tomorrow
&gt; 
&gt; 
&gt; On Mon, 2004-11-15 at 14:40, Greg wrote:
&gt; &gt; I would suggest that the most obvious/simple explanation is the actual
&gt; &gt; explanation - that traffic court is to punish those who violate traffic
&gt; &gt; laws.  Fault (unless it's a no-fault state) must be determined because
&gt; they
&gt; &gt; who commit the crime shall pay for all expenses and need to be punished
&gt; for
&gt; &gt; justice's sake.  Having a car presently in the shop due to an idiot's
&gt; &gt; driving I'm glad of the present system as opposed to *me* the victim
&gt; having
&gt; &gt; to go to court to prove the obvious.  In my case he lost control and
&gt; skidded
&gt; &gt; across 2 lanes and the median to hit me while I was stationary at light.
&gt; &gt; The idiot then tried to blame it on the recent rain and slick road
&gt; &gt; conditions rather then either saying nothing or taking responsibility for
&gt; &gt; his actions.  Insurance companies as well as justice require a person
&gt; whose
&gt; &gt; fault caused the incident.  While in some places it is a &quot;money making
&gt; &gt; scheme&quot; I would suggest that it is not that way in all places.
&gt; &gt;
&gt; &gt; In this instance we have nothing more than a person who is trying to avoid
&gt; &gt; his responsibility for causing an accident by trying to play jail house
&gt; &gt; lawyer (lots of folks like to do this and it makes them look pretty funny
&gt; &gt; when they go up against a real lawyer in court) and looking for a
&gt; &gt; technicality rather than being a stand up guy and saying &quot;It's my fault
&gt; and
&gt; &gt; I will pay the consequences - no need to cause the public further expense
&gt; &gt; and inconvenience&quot;.  The deal to plead nolo contendre and avoid the fine
&gt; was
&gt; &gt; a hell of a good thing for the people's attorney (DA ?  in VA they are the
&gt; &gt; &quot;commonwealth's attorney) to offer the original poster.  That in itself
&gt; &gt; seems to void the advice of your jaded lawyer friend.  I would advise
&gt; taking
&gt; &gt; the &quot;gift&quot;.
&gt; 
&gt; WTF?  I fixed their car and I took blame for hitting them.  That does
&gt; not warrant a citation.  I do not appreciate you making a general
&gt; statement as if I was trying to get out of the whole thing including
&gt; fixing their car.  It hit the person I fixed their car.  That's not good
&gt; enough for the cop.  He wants his piece of the action.
&gt; 
&gt; NOLO can only be used once every 5 years.  Save it on something that is
&gt; big like speeding.
&gt; 
&gt; 
&gt; _______________________________________________
&gt; Ale mailing list
&gt; Ale at ale.org
&gt; <a  rel="nofollow" href="http://www.ale.org/mailman/listinfo/ale";>http://www.ale.org/mailman/listinfo/ale</a>


</pre>
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