tag:blogger.com,1999:blog-5274503207217555639.post8163807424436719829..comments2023-06-01T07:45:45.081-07:00Comments on Get well, Jan!: My Little Darlin, PT day 32 by DavidJan Morganhttp://www.blogger.com/profile/13092305763815589485noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-5274503207217555639.post-3031500878293785872011-06-24T08:59:31.364-07:002011-06-24T08:59:31.364-07:00Sadly, there isn't against law for having your...Sadly, there isn't against law for having your head three feet up your @ss.Invisible Handhttps://www.blogger.com/profile/02680372478096503049noreply@blogger.comtag:blogger.com,1999:blog-5274503207217555639.post-40904707189143749502011-06-24T08:48:02.430-07:002011-06-24T08:48:02.430-07:00It may not have been intentional, but it was very ...It may not have been intentional, but it was very negligent. There should be felony charges for negligence and driving while impaired. The driver *knew* Jan was in front of the car because she got out and looked. She should have backed up, not run over Jan. The initial hit was also inexcusable. How do you hit a cyclist in broad daylight, with no traffic, unless you're not paying attention? Impaired driving is punishable, but she's getting off easy because the law is too specific about the cause of impairment. Hitting someone while drunk or high is horrid, but hitting someone while chatting on your cell is legally okay, you get a slap on the wrist.Monikahttps://www.blogger.com/profile/03089020648732650439noreply@blogger.comtag:blogger.com,1999:blog-5274503207217555639.post-54227647092568431552011-06-24T08:14:54.194-07:002011-06-24T08:14:54.194-07:00As for why § 63-3-401 isn't being applied here...As for why § 63-3-401 isn't being applied here, there's witnesses that say that the driver was attempting to do the right thing. The witnesses say that she was trying to move the car out of the way of traffic and made a mistake -- presumably due to her panicked condition.<br /><br />The only evidence that we've got that this was intentional was the police report -- and police reports are generally not admissible in court unless they cite their sources. Instead, the court wants to hear from the people who actually saw what happened. (and if the police report does cite it's sources, they subpoena the source.)<br /><br />As for § 63-3-401 itself --<br /><br />§ 63-3-401. Duties of driver involved in accident resulting in personal injury or death; offenses and penalties.<br /><br />(1) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 63-3-405.<br /><br />(2) Every stop under the provisions of subsection (1) of this section shall be made without obstructing traffic or endangering the life of any person more than is necessary.<br /><br />(3) Except as provided in subsection (4) of this section, if any driver of a vehicle involved in an accident that results in injury to any person willfully fails ...<br /><br />... according to witnesses, she was trying to comply with this, so she didn't "willfully" violate it, so she'd be found not guilty of violating it.<br /><br />That's why the DA isn't going forward with these charges -- he has no chance of getting a conviction under them. His hands are indeed tied here.dougmchttps://www.blogger.com/profile/09349788668354977977noreply@blogger.comtag:blogger.com,1999:blog-5274503207217555639.post-88468299139862738232011-06-23T21:32:24.064-07:002011-06-23T21:32:24.064-07:00Horrified by this story and wishing and hoping for...Horrified by this story and wishing and hoping for a speedy recovery for Jan. I live in Portland, OR, but spent quite a bit of time in Grenada, MS working at an animal sanctuary and I know the area and what you are up against in your legal battle. I wish you the very best.pengyouhttps://www.blogger.com/profile/09576743496381443479noreply@blogger.comtag:blogger.com,1999:blog-5274503207217555639.post-5361510172661859652011-06-23T20:17:11.172-07:002011-06-23T20:17:11.172-07:00David, as you would like some explanations, I'...David, as you would like some explanations, I'll do what I can. You've already got a huge pile of mental and emotional burdens on your plate, I'll try and help by taking "confusion and frustration at inexperience with the law" off of it.<br /><br />Mississippi law pretty much states that for the much harsher charges to be applied, they have to prove intent. What that means is that the DA would have to prove in court that the driver INTENDED to leave the scene or INTENDED to run over your wife. Now, if I have read the story wrong, please correct me, but what I have seen said that the driver did not try to run, but was trying to move the car out of the road and did not see your wife. If that is the case, then under the law, the driver didn't intend to leave or cause further injury. Therefore, the law doesn't apply.<br /><br />Now, that being said, I in no way condone the actions of the driver. I also am truly, truly sorry for what happened, and wish nothing but a speedy and comfortable recovery for your wife, yourself, and the rest of your family and friends. I also hope that a small silver lining can be salvaged from this terrible cloud of a tragedy, and that the laws in Mississippi will be changed so that if a situation like this happens again (and let us all hope that it does not) the driver will be held accountable for their actions.Osiris32https://www.blogger.com/profile/02495492065589331718noreply@blogger.comtag:blogger.com,1999:blog-5274503207217555639.post-87533698585219176732011-06-23T15:22:33.937-07:002011-06-23T15:22:33.937-07:00Excellent news! Glad you see humor in Jan's w...Excellent news! Glad you see humor in Jan's words, glad she's using words!<br /><br />The DAs comment about the driver not seeing Jan are ridiculous. She got out, looked, knew Jan was in front of the car.Monikahttps://www.blogger.com/profile/03089020648732650439noreply@blogger.comtag:blogger.com,1999:blog-5274503207217555639.post-56971813368012999472011-06-23T12:29:28.986-07:002011-06-23T12:29:28.986-07:00I am an avid cyclist in GA. My friend, Jennifer D....I am an avid cyclist in GA. My friend, Jennifer D., has been keeping me updated as to Jan's progress. What great news to read this today!<br /><br />On the other side of things, I cannot understand why the driver is not being charged with attempted murder. Certainly, MS has laws about using a vehicle as a weapon?!<br /><br />Also, what would they have done if Jan were a pedestrian? In fact after the driver hit her the first time, that's what she "technically" became b/c she was no longer on her bicycle.<br /><br />Furthermore, I'm also wondering if "wackyvorton" might be correct - that the DA somehow knows the driver, personally. :\<br /><br />I'm spreading the word out here in GA and trying to see if any of our cycling contacts know someone familiar with Mississippi law. The way the DA is handling this is a travesty, IMHO.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5274503207217555639.post-8038231065562730702011-06-23T11:37:30.896-07:002011-06-23T11:37:30.896-07:00David, I am so happy for you! It was wonderful to ...David, I am so happy for you! It was wonderful to read that Jan is responding to you and speaking! I hope Parisa can get up to see Jan before you leave for Atlanta. <br /><br />I, too, am distressed with the Mississippi laws. I hope peple are able to mobilize and get some action. I wonder what the DA would be saying if he was walking in your shoes.<br /><br />I'm sending my thoughts and prayers for you and Jan.<br /><br />Glenda<br />(Parisa's Aunt from Colorado)Glendahttps://www.blogger.com/profile/11267680203878076543noreply@blogger.comtag:blogger.com,1999:blog-5274503207217555639.post-27471696062355199212011-06-23T10:26:43.638-07:002011-06-23T10:26:43.638-07:00I'm really pleased to hear about her improveme...I'm really pleased to hear about her improvement. <br /><br />The cynic in me has been mulling this over... I'd bet $20 that the driver is somehow connected to the DA. Friend, family, something. It sounds for all the world like he is trying to protect the offender.wackyvorlonhttps://www.blogger.com/profile/10535452691009849962noreply@blogger.comtag:blogger.com,1999:blog-5274503207217555639.post-19196405244911177502011-06-23T09:16:34.205-07:002011-06-23T09:16:34.205-07:00I'm so glad that she's more alert and talk...I'm so glad that she's more alert and talkative. That is wonderful. And, I vow to help change the ridiculous laws that allowed this heinous act to essentially go unpunished.Carolhttps://www.blogger.com/profile/07823736341452375158noreply@blogger.comtag:blogger.com,1999:blog-5274503207217555639.post-64477458075050660392011-06-23T09:09:44.786-07:002011-06-23T09:09:44.786-07:00David, I'm glad to read about Jan's improv...David, I'm glad to read about Jan's improvement! You must be incredibly relieved.JCliffordhttps://www.blogger.com/profile/07162520133593219891noreply@blogger.com