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Date: 24 Sep 2007 10:45:51
From: Bob Dole
Subject: Hit and run driver caught (Chicago suburbs)
Except for the guys who crashed (who probably aren't feeling good yet)
this is a feel-good story.

http://www.chicagobikeracing.com/blog/archives/2007/09/hit_and_run_on_1.html

Nobody killed.
Perpetrator arrested.
Witnesses.

"According to the deputy, the driver claimed he had braked to avoid a
squirrel. The deputy told us this was, in the professional parlance of
law enforcement, "b*lls**t." "

I'm familiar with this road, but wasn't involved in this incident, so
I can't provide further detail.





 
Date: 29 Sep 2007 17:42:02
From: Bob Dole
Subject: Re: Hit and run driver caught (Chicago suburbs)
On Sep 24, 12:45 pm, Bob Dole <ts...@mailcity.com > wrote:
> Except for the guys who crashed (who probably aren't feeling goodyet)
> this is a feel-goodstory.
>
> http://www.chicagobikeracing.com/blog/archives/2007/09/hit_and_run_on...
>
Updated story from the Daily Herald
http://dailyherald.com/story/?id=46661

According to the driver, he'd felt a thump but thought it was
bicyclists banging on his truck -- later he noticed damage to his
vehicle and turned himself in.

The accident occurred in Illinois, but the driver and vehicle were
from Florida (the riders got the plate number, but weren't sure of the
state)






 
Date: 25 Sep 2007 22:00:38
From: Bob
Subject: Re: Hit and run driver caught (Chicago suburbs)
On Sep 24, 1:58 pm, Kristian M Zoerhoff <kristian.zoerh...@gmail.com >
wrote:
> On 2007-09-24, Leo Lichtman <l.licht...@worldnet.att.net> wrote:
>
>
>
> > "Bob Dole" wrote: (clip) Perpetrator arrested. (clip)
> > ^^^^^^^^^^^^^^^^^^
> > He must have surmised that someone got his license number. My guess is that
> > he called an attorney on his cell phone and was advised to return, in order
> > to avoid a hit-run charge. Too bad. A real hit-run charge would have been
> > more satisfying. Maybe some of the witnesses will testify that his actions
> > appeared deliberate, which would make it assault with a deadly weapon.
>
> In the IL Criminal Code, that would be aggravated assault, as it was
> upon a public highway [1]. Class A misdemeanor, in this case, which means the
> cops can file the charge without the State's Attorney.
>
> What he /should/ be charged with is Attempted Reckless Homicide [2], but
> felony charges have to go through the Lake County State's Attorney for that.
>
> [1] 720 ILCS 5/12-2
>
> [2] 720 ILCS 5/9-3. Class 3 Felony, 2-5 years.
>
> --
>
> __o Kristian Zoerhoff
> _'\(,_ kristian.zoerh...@gmail.com
> (_)/ (_)

Attempted Reckless Homicide? Sorry, but there is no such animal. In
this context, "attempt" presumes an intent to cause harm. Recklessness
is a willful or wanton disregard for the likely consequences of an
act. The two are not synonymous. If they were then every DUI driver
could be charged with Attempted Reckless Homicide even if they hadn't
been involved in a crash.
BTW, under Illinois law an attempt to commit a Class 3 felony is
classified as a Class 4 felony, one penalty level lower than if the
crime were actually committed. We like to reward our incompetent
criminals. Just look at our governors, past and present. ;-)

Regards,
Bob Hunt



 
Date: 25 Sep 2007 00:43:23
From: joseph.santaniello@gmail.com
Subject: Re: Hit and run driver caught (Chicago suburbs)
On Sep 24, 8:41 pm, "Leo Lichtman" <l.licht...@worldnet.att.net >
wrote:
> "Bob Dole" wrote: (clip) Perpetrator arrested. (clip)
>
> ^^^^^^^^^^^^^^^^^^
> He must have surmised that someone got his license number. My guess is that
> he called an attorney on his cell phone and was advised to return, in order
> to avoid a hit-run charge. Too bad. A real hit-run charge would have been
> more satisfying. Maybe some of the witnesses will testify that his actions
> appeared deliberate, which would make it assault with a deadly weapon.

He didn't call his lawyer. He just came to his senses (what little he
is in command of!)

Joseph



 
Date: 24 Sep 2007 18:41:02
From: Leo Lichtman
Subject: Re: Hit and run driver caught (Chicago suburbs)

"Bob Dole" wrote: (clip) Perpetrator arrested. (clip)
^^^^^^^^^^^^^^^^^^
He must have surmised that someone got his license number. My guess is that
he called an attorney on his cell phone and was advised to return, in order
to avoid a hit-run charge. Too bad. A real hit-run charge would have been
more satisfying. Maybe some of the witnesses will testify that his actions
appeared deliberate, which would make it assault with a deadly weapon.




  
Date: 24 Sep 2007 18:58:23
From: Kristian M Zoerhoff
Subject: Re: Hit and run driver caught (Chicago suburbs)
On 2007-09-24, Leo Lichtman <l.lichtman@worldnet.att.net > wrote:
>
> "Bob Dole" wrote: (clip) Perpetrator arrested. (clip)
> ^^^^^^^^^^^^^^^^^^
> He must have surmised that someone got his license number. My guess is that
> he called an attorney on his cell phone and was advised to return, in order
> to avoid a hit-run charge. Too bad. A real hit-run charge would have been
> more satisfying. Maybe some of the witnesses will testify that his actions
> appeared deliberate, which would make it assault with a deadly weapon.

In the IL Criminal Code, that would be aggravated assault, as it was
upon a public highway [1]. Class A misdemeanor, in this case, which means the
cops can file the charge without the State's Attorney.

What he /should/ be charged with is Attempted Reckless Homicide [2], but
felony charges have to go through the Lake County State's Attorney for that.


[1] 720 ILCS 5/12-2

[2] 720 ILCS 5/9-3. Class 3 Felony, 2-5 years.


--

__o Kristian Zoerhoff
_'\(,_ kristian.zoerhoff@gmail.com
(_)/ (_)