Negligent driving + death = $1000 fine, max
Driving + drunk + killing = vehicular manslaughter.
Driving + downloading cellphone ringtones + killing = improper lane usage. WTF?
- Fark.com
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"I am appalled by your conduct and the manner in which you have driven in the short time you've had a license," Klaus told Stark, who had three prior convictions since May 2005 one for disregarding a traffic light and two for speeding. The last speeding conviction came about five weeks before she hit Mr. Wilhelm.
State's Attorney Julia Rietz made the call not to lodge any more serious charge than improper lane usage against Stark, saying that the legal definition of recklessness, to sustain reckless homicide or reckless driving, did not fit her actions.
...
"Julia Rietz said it would be hard to prosecute 'willful and wanton' (behavior) and the driver could have 'no reasonable expectation of a bike on the side of the road,' yet every single time we visited the accident site we saw bikers and joggers in the area.
- The News Gazette
<a href="http://www.news-gazette.com/news/local/2006/11/30/woman_is_sentenced_for_bicyclists_death">http://www.news-gazette.com/news/local/2006/11/30/woman_is_sentenced_for_bicyclists_death</a>;
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Julia Rietz: If you think you can't prove "wanton and willful" conduct, perhaps you should take a look at Gannon v. Kiel, 252 Ill.App. 550 (1929):
Evidence disclosing that the motorist did not look when it was his duty to be on guard and have his automobile under control at busy street intersection where he was bound to know that pedestrians might be crossing, and that he failed to see pedestrian until his automobile collided with her, supported finding that motorist was guilty of willful and wanton negligence.
I can come up with more cases, if that's not enough for you, Ms. Rietz.
<a href="http://www.bikeforums.net/showpost.php?p=3446169&postcount=16">http://www.bikeforums.net/showpost.php?p=3446169&postcount=16</a>;
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The Wilhelms are hopeful that in the spring session legislation will be introduced and hopefully passed that will plug what Champaign County State's Attorney Julia Rietz calls a "serious hole" in the law.
That is, the creation of a crime that would fall between a petty offense and the current Class 2 felony of reckless homicide.
"There is nothing in between," Rietz said. "There's nothing that addresses deaths that result from negligent driving."
Rietz's office drafted a negligent vehicular homicide law, which would be a Class A misdemeanor or a Class 4 felony, depending on the wishes of the Legislature.
<a href="http://www.news-gazette.com/news/local/2006/11/30/wilhelms_push_legislators_for_distracted_driving_measure">http://www.news-gazette.com/news/local/2006/11/30/wilhelms_push_legislators_for_distracted_driving_measure</a>;
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Fark.com
<a href="http://forums.fark.com/cgi/fark/comments.pl?IDLink=2446072">http://forums.fark.com/cgi/fark/comments.pl?IDLink=2446072</a>;