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RACER X 06-07-2012 09:52 AM

2yrs for texting and killing
 
http://usnews.msnbc.msn.com/_news/20...e-driving?lite

Massachusetts teen sentenced to prison for texting while driving

By Andrew Mach
A Massachusetts teenager was sentenced Wednesday to two years in prison and loss of his license for 15 years for causing a fatal crash by texting while driving.


Follow @msnbc_usAaron Deveau, 18, was convicted of motor vehicle homicide by texting – the first driver in Massachusetts to face such charges, the Boston Globe reported. Prosecutors said Deveau, who pleaded not guilty, was texting on Feb. 20, 2011, when his vehicle swerved across the center line of a Haverhill, Mass., street and crashed head on into Daniel Bowley’s truck, killing the 55-year-old New Hampshire father of three.

Before imposing the maximum sentence on Deveau, District Court Judge Stephen Abany said he was sending a message of deterrence to Massachusetts drivers.

Deterrence “really seems to come to play in this case,’’ Abany said, according to the Globe report. “People really want to be safe on the highways.’’ People need to “keep their eyes on the road, keep their eyes on the road.’’

David Teater, senior director of transportation initiative at the National Safety Council, agreed with the ruling and said he believes it’s important to take a hardline approach on cases of texting while driving.

“People can violate these laws and there really isn’t much of a deterrence without examples like this,” Teater told msnbc.com. “Clearly, being distracted is an extremely deadly thing that’s going on in this country and people need to understand they just can’t do it.”

Deveau, who was 17 at the time of the crash, was initially charged with motor vehicle homicide and negligent operation of a motor vehicle, using a mobile phone while operating a motor vehicle, reading or sending an electronic message, a marked lanes violation and two counts of negligent operation and injury from mobile phone use.

Deveau’s lawyer argued there was no evidence that the crash caused Bowley’s death. In his own testimony, Deveau said he was distracted by the amount of homework he had to do and sent his last text message while parked in the parking lot of the grocery store where he worked. Furthermore, he said he left his phone in the passenger’s seat until after the crash when he called his parents.

Though he insisted he was not texting at the time of the crash and could not remember texting while driving, phone records indicate Deveau sent a text message at 2:34 p.m. and received a response at 2:35 p.m. Police said the crash occurred at 2:35 p.m., ABCNews.com reported.

“I made a mistake,’’ Deveau told the judge, according to the Globe. “If I could take it back, I would take it back. I just want to apologize to the family.’’

A survivor of the crash – Bowley’s girlfriend, Luz Roman – said she suffered emotional and physical stress after the crash and death of Bowley, the father of her three children.

“This has been giving me a lot of pain, there are no words to describe,’’ Roman said, according to the Globe. “Broken leg, broken heart.’’

“We hope this sends a message that it’s not OK to text and drive,’’ Burleigh said, according to the Globe.

Texting while driving is a crime in Washington, D.C., and 38 states, including Massachusetts.

“This is a threat that did not exist just a few years ago, and we’ve never had to understand how being connected to a mobile world was dangerous,” Teater told msnbc.com. “Unfortunately now the way we’re beginning to understand the danger of it is by people getting hurt and dying. And that needs to change.”

Homeslice 06-07-2012 10:24 AM

So the fact that he received a text one minute before the crash PROVES that he was texting or reading at the moment of the crash. Gotta love people's logic.

Where's the outcry over women who apply makeup while driving?

How about handsfree calls? Better believe people become distracted by those sometimes. But no, people ignore all that and focus their hatred on texting instead. Hypocrites.

Why can't people be punished for the act, instead of the alleged cause of that act. I'm tired of people saying that someone is "more guilty" because of HOW it allegedly occurred.

dubbs 06-07-2012 10:47 AM

He sent a text at 2:34 and received the response at 2:35.. The crash happened at 2:35.. He was texting.

shmike 06-07-2012 11:17 AM

Quote:

Originally Posted by dubbs (Post 513752)
He sent a text at 2:34 and received the response at 2:35.. The crash happened at 2:35.. He was texting.

Yep.

Talking on the phone may be distracting but there is no way that it compares to people texting. In addition to the distraction of a conversation, people are taking their eyes off the road for extended periods of time when sending or reading texts.

Sure, 'slice, if it was a chick applying make-up or a dude reading the paper, the same penalty should apply but texting is a major concern currently and I would not be surprised to see more verdicts like this.

tommymac 06-07-2012 11:19 AM

Quote:

Originally Posted by shmike (Post 513753)
Yep.

And if it was a chick applying make-up or a dude reading the paper, the same penalty should apply.

Talking on the phone may be distracting but there is no way that it compares to people texting. In addition to the distarction of a conversation, people are taking their eyes off the road for extended periods of time when sending or reading texts.

I still cant see how someone could drive and send a text at the same time. Still not sure if this will be a deterent, se ehow all the stiffer drunk driving penalties havent done a whole lot.

OneSickPsycho 06-07-2012 11:48 AM

I'd be interested in seeing the proof that he was texting at the moment he lost control and how police concluded EXACTLY what time the crash occurred.

I'm all for hammering people when they're irresponsible, especially in cases like this where someone else dies as a result... however, I'm skeptical of this sort of precident... He could have sent the text at 2:35:10 and crashed at 2:35:40... 30 seconds is a LOT of time in this scenario. Odds are he's probably guilty as sin, but still...

OneSickPsycho 06-07-2012 11:50 AM

Quote:

Originally Posted by tommymac (Post 513754)
I still cant see how someone could drive and send a text at the same time. Still not sure if this will be a deterent, se ehow all the stiffer drunk driving penalties havent done a whole lot.

Yes and no... DD penalties are still pretty much a slap on the wrist unless something else happens...

Turbo Ghost 06-07-2012 12:53 PM

I can't lie. I've texted and drove. With my old phone, I could text without looking down at the buttons since they were textured. I've since quit texting for several years now (while driving). If I have my Jawbone Bluetooth connected, an automatic text is sent telling the sender I'm driving and can't text and please call me. If I'm on the bike it's the same. They get an automatic text telling them to call me. Personally, I think handsfree is safer than talking to a friend in the car because you aren't constantly looking over at the person and you keep your eyes on the road.
While I was still driving truck, I was on the phone a lot! That may scare some of you but, I was driving up to 20 hours a day and the conversation kept me awake and alert when I got tired. As the day went on and I got tired, I had to call someone to help wake me up. If it got too bad, I pulled-over.
Texting for most people including teens who are very talented at it, requires you to physically take your eyes off the road. ONE SECOND away from the road can be the difference between life and death!
I was on the jury of a wrongful death suit where the accused looked down just to push the button to change the station and when she looked back up, the other car was turning in front of her (the turner had a green arrow and the light was notoriously short) and her light was red. Only a moment and a life was taken.
As motorcyclists, we are (generally) much more aware of our surroundings and our own vulnerabilities. Most people have no concept of the importance of what they are doing when they are driving. I blame that on our government not requiring training to drive.
In Germany, I believe it's a minimum of 10 weeks of training IF you get everything right the first time through! If you fail a course, you are required to take it again AT YOUR COST! I haven't looked but, years ago it was around $1400. Over here you hop in drive to the street and back and you're good to go. Not good!

pauldun170 06-07-2012 01:38 PM

I don't have anyone who wants to text with me.
Will someone text with me so I can drive?
Thanks.

Homeslice 06-07-2012 01:45 PM

Quote:

Originally Posted by OneSickPsycho (Post 513752)
I'd be interested in seeing the proof that he was texting at the moment he lost control and how police concluded EXACTLY what time the crash occurred.
.

Exactly.......

What's next in the age of Big Brother? Wouldn't be surprised that the insurance lobby is figuring out a way to propose hidden cameras in cars....


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