Comments on: Man Sentenced In Connection With 2009 Traffic Fatality Near Jay http://www.northescambia.com/2010/10/sentence-handed-down-in-connection-with-traffic-death-near-jay Local News for Molino, Bratt, McDavid, Century, Walnut Hill, Cantonment Thu, 16 Apr 2026 21:06:54 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: mickey powell http://www.northescambia.com/2010/10/sentence-handed-down-in-connection-with-traffic-death-near-jay/comment-page-1#comment-56636 mickey powell Fri, 15 Oct 2010 11:05:55 +0000 http://www.northescambia.com/?p=31513#comment-56636 There are a lot of options that can be done. Take him to civil court. Look at the oj simpson case. Mickey Powell Flomaton There are a lot of options that can be done. Take him to civil court. Look at the oj simpson case.

Mickey Powell
Flomaton

]]> By: Samantha http://www.northescambia.com/2010/10/sentence-handed-down-in-connection-with-traffic-death-near-jay/comment-page-1#comment-56570 Samantha Thu, 14 Oct 2010 19:34:15 +0000 http://www.northescambia.com/?p=31513#comment-56570 This sentence is not justice. I don't understand how the system works anymore. My parents, my brother, and I were in an accident in March of 2009. We were hit head on by someone that was high. He cam across the turn lane and into our lane. It was completely his fault. This man also killed an elderly couple in 2007 for swerving and then continuing to drive in their lane. He hit them head on and they both died. While no one on our accident died, my mother sustained injuries that will be with her forever. Very severe injuries. He shook up our lives, however, we are still very blessed! When this man hit us, his drivers license was suspended. He has still, to this day, gone unpunished. Sometimes I think about it and it makes me mad. Other times, it just upsets me. However, justice will be served one day. Whether it is here on earth or not is not my decision. I pray for all of the families involved in this particular accident. And for those that lost a loved one, I understand that justice was NOT properly served. You are in my prayers!! What goes around, comes around and maybe this man will one day see that he hurt a family and maybe just MAYBE he will feel remorse..unlike the guy that hit us..that is still driving around today. This sentence is not justice. I don’t understand how the system works anymore. My parents, my brother, and I were in an accident in March of 2009. We were hit head on by someone that was high. He cam across the turn lane and into our lane. It was completely his fault. This man also killed an elderly couple in 2007 for swerving and then continuing to drive in their lane. He hit them head on and they both died. While no one on our accident died, my mother sustained injuries that will be with her forever. Very severe injuries. He shook up our lives, however, we are still very blessed! When this man hit us, his drivers license was suspended. He has still, to this day, gone unpunished. Sometimes I think about it and it makes me mad. Other times, it just upsets me. However, justice will be served one day. Whether it is here on earth or not is not my decision. I pray for all of the families involved in this particular accident. And for those that lost a loved one, I understand that justice was NOT properly served. You are in my prayers!! What goes around, comes around and maybe this man will one day see that he hurt a family and maybe just MAYBE he will feel remorse..unlike the guy that hit us..that is still driving around today.

]]> By: Bobby http://www.northescambia.com/2010/10/sentence-handed-down-in-connection-with-traffic-death-near-jay/comment-page-1#comment-56566 Bobby Thu, 14 Oct 2010 19:12:00 +0000 http://www.northescambia.com/?p=31513#comment-56566 More informed, That is a shame that Florida's laws are that way. Florida is the only state in the Southeastern U.S. that I know of who does not consider all traffic offenses a criminal offense. This is probably why law enforcement in Florida seem so restricted in thier ability to enforce the law. You did bring up a good point in that most people don't realize that if they get stopped in Alabama, Georgia or Mississippi for speeding, failure to signal, etc. they can go to jail for it and must post bond to be released. When the officer releases you on your own recognizance, it is not because he has to. More informed,
That is a shame that Florida’s laws are that way. Florida is the only state in the Southeastern U.S. that I know of who does not consider all traffic offenses a criminal offense. This is probably why law enforcement in Florida seem so restricted in thier ability to enforce the law. You did bring up a good point in that most people don’t realize that if they get stopped in Alabama, Georgia or Mississippi for speeding, failure to signal, etc. they can go to jail for it and must post bond to be released. When the officer releases you on your own recognizance, it is not because he has to.

]]> By: more informed http://www.northescambia.com/2010/10/sentence-handed-down-in-connection-with-traffic-death-near-jay/comment-page-1#comment-56561 more informed Thu, 14 Oct 2010 18:15:11 +0000 http://www.northescambia.com/?p=31513#comment-56561 Now having said all of that, is this man civially liable for this death....absolutely 100%. Plain and simple with exsisting Florida laws he did not commit a criminal act and cannot be punished as so. It is sad that individuals can drive around our highways and streets with careless abandon passing where they want, running lights, speeding, texting on phones and many other things with the worry that if they kill or maim they will only get a ticket. Just maybe if our traffic laws were more strict then our roads would be safer. Now having said all of that, is this man civially liable for this death….absolutely 100%. Plain and simple with exsisting Florida laws he did not commit a criminal act and cannot be punished as so. It is sad that individuals can drive around our highways and streets with careless abandon passing where they want, running lights, speeding, texting on phones and many other things with the worry that if they kill or maim they will only get a ticket. Just maybe if our traffic laws were more strict then our roads would be safer.

]]> By: more informed http://www.northescambia.com/2010/10/sentence-handed-down-in-connection-with-traffic-death-near-jay/comment-page-1#comment-56559 more informed Thu, 14 Oct 2010 18:07:03 +0000 http://www.northescambia.com/?p=31513#comment-56559 I never said anything about a civil matter. I said civil infraction, which is what "improper passing" is as are most of Floridas traffic laws. The term civil infraction applies to all moving and non-moving infractions of Florida taffic laws that are not "criminal". Not all fFlorida traffic laws are criminal which means law inforcement officers cannot take you to jail, but they can only issue a civil infraction citation such as a speeding ticket. Florida decriminalized most of their traffic laws decades ago. Back in the day you could be arrested for speeding or running a red light but not anymore. Improper passing is not a criminal offense. Now examples of some Florida traffic laws that are criminal are: DUI, fleeing/attempting to elude police officer, driving without valid diriver's license, driving with a suspended license with prior knowledge of suspension,reckless (not careless)driving, leaving the scene of an accident with injury, vehcilular homicide etc... Some of you are thinking this is a vehicluar homicide case and it is not. The state must be able to prove other contributing factors in a vehiclular homicide case other that the causation of the crash i.e. improper passing. Now throw in some other factors such as DUI, reckless ( speeding excessively and I mean really excessively, racing another vehcile etc) an you would have a criminal case. So Bobby I am not confused. The driver is not "criminally" liable becasue in the State of Florida's eyes he did not commit a criminal offense, he committed a civil infraction of a non-criminal traffic law, improper passing F.S.S. 316.0875 a non-criminal traffic infraction, punishable as a moving violation only as provided in chapter 318 of Florida State Statutes. A police officer writing you a non-criminal citaion is not enforcing a civil matter he is enforcing Forida law, just not an "arrestable" law (offense). I never said anything about a civil matter. I said civil infraction, which is what “improper passing” is as are most of Floridas traffic laws. The term civil infraction applies to all moving and non-moving infractions of Florida taffic laws that are not “criminal”. Not all fFlorida traffic laws are criminal which means law inforcement officers cannot take you to jail, but they can only issue a civil infraction citation such as a speeding ticket. Florida decriminalized most of their traffic laws decades ago. Back in the day you could be arrested for speeding or running a red light but not anymore. Improper passing is not a criminal offense. Now examples of some Florida traffic laws that are criminal are: DUI, fleeing/attempting to elude police officer, driving without valid diriver’s license, driving with a suspended license with prior knowledge of suspension,reckless (not careless)driving, leaving the scene of an accident with injury, vehcilular homicide etc… Some of you are thinking this is a vehicluar homicide case and it is not. The state must be able to prove other contributing factors in a vehiclular homicide case other that the causation of the crash i.e. improper passing. Now throw in some other factors such as DUI, reckless ( speeding excessively and I mean really excessively, racing another vehcile etc) an you would have a criminal case. So Bobby I am not confused. The driver is not “criminally” liable becasue in the State of Florida’s eyes he did not commit a criminal offense, he committed a civil infraction of a non-criminal traffic law, improper passing F.S.S. 316.0875 a non-criminal traffic infraction, punishable as a moving violation only as provided in chapter 318 of Florida State Statutes. A police officer writing you a non-criminal citaion is not enforcing a civil matter he is enforcing Forida law, just not an “arrestable” law (offense).

]]> By: Bobby http://www.northescambia.com/2010/10/sentence-handed-down-in-connection-with-traffic-death-near-jay/comment-page-1#comment-56541 Bobby Thu, 14 Oct 2010 15:52:20 +0000 http://www.northescambia.com/?p=31513#comment-56541 It is a sad situation but Mr. Foster intentionally ran off of the roadway to avoid a head on collision with Faulkner. Although Faulker put Mr. Foster in the situation to make that decision.....Mr. Foster made a decision that ultimately took his life. Had Mr. Foster not ran off of the roadway and the two collided...the wreck would then have been Faulkner's fault and he could have been criminally liable for the death. This doesn't mean that I agree with it.........it is just the way that it is. It is a sad situation but Mr. Foster intentionally ran off of the roadway to avoid a head on collision with Faulkner. Although Faulker put Mr. Foster in the situation to make that decision…..Mr. Foster made a decision that ultimately took his life. Had Mr. Foster not ran off of the roadway and the two collided…the wreck would then have been Faulkner’s fault and he could have been criminally liable for the death.

This doesn’t mean that I agree with it………it is just the way that it is.

]]> By: Bobby http://www.northescambia.com/2010/10/sentence-handed-down-in-connection-with-traffic-death-near-jay/comment-page-1#comment-56540 Bobby Thu, 14 Oct 2010 15:46:09 +0000 http://www.northescambia.com/?p=31513#comment-56540 More Informed, I agree with your statement but the article stated that he was "charged with passing while meeting oncoming traffic". I agree that there is a large difference between Florida and most states. But it is my understanding that law enforcement officers can only bring criminal cases against someone. If a civil offense occurs it must be brought forward by a lawsuit filed by the victim. Police officer's don't enforce civil matters unless ordered to do so by a judge. I suspect that "passing while meeting oncoming traffic" in FL is a traffic offense which makes it criminal offense. I think that this is want you meant to say but it was a little confusing. It sounds like he was convicted for the crime of "passing while meeting oncoming traffic" and it sounds like the judge probably imposed the maximum sentence allowed by law. I would now expect a "wrongful death" (civil offense) lawsuit will now be filed if it hasn't already. More Informed,

I agree with your statement but the article stated that he was “charged with passing while meeting oncoming traffic”. I agree that there is a large difference between Florida and most states. But it is my understanding that law enforcement officers can only bring criminal cases against someone. If a civil offense occurs it must be brought forward by a lawsuit filed by the victim. Police officer’s don’t enforce civil matters unless ordered to do so by a judge. I suspect that “passing while meeting oncoming traffic” in FL is a traffic offense which makes it criminal offense. I think that this is want you meant to say but it was a little confusing.

It sounds like he was convicted for the crime of “passing while meeting oncoming traffic” and it sounds like the judge probably imposed the maximum sentence allowed by law. I would now expect a “wrongful death” (civil offense) lawsuit will now be filed if it hasn’t already.

]]> By: Bobby http://www.northescambia.com/2010/10/sentence-handed-down-in-connection-with-traffic-death-near-jay/comment-page-1#comment-56538 Bobby Thu, 14 Oct 2010 15:34:23 +0000 http://www.northescambia.com/?p=31513#comment-56538 Reba, I agree with you. Reba,

I agree with you.

]]> By: Paul http://www.northescambia.com/2010/10/sentence-handed-down-in-connection-with-traffic-death-near-jay/comment-page-1#comment-56535 Paul Thu, 14 Oct 2010 15:04:57 +0000 http://www.northescambia.com/?p=31513#comment-56535 What a message to send, your Negligence can cause death and you only get a slap on the wrist. People should be held accountable for their actions and light sentences like this are Not the answer. Why do sober people get a free pass when they kill and a drunk gets 20yrs even if they weren't the cause of the wreck? What a message to send, your Negligence can cause death and you only get a slap on the wrist. People should be held accountable for their actions and light sentences like this are Not the answer. Why do sober people get a free pass when they kill and a drunk gets 20yrs even if they weren’t the cause of the wreck?

]]> By: more informed http://www.northescambia.com/2010/10/sentence-handed-down-in-connection-with-traffic-death-near-jay/comment-page-1#comment-56531 more informed Thu, 14 Oct 2010 14:49:32 +0000 http://www.northescambia.com/?p=31513#comment-56531 The reason for the "light" punishment is that the there was zero evidence that there was a criminal infraction involved in this terrible accident. Yes, the man passing broke the law, but but the law he brake was a civil infraction not a criminal offense. Florida State statutes do not allow for imprisonment for civil infractions which is what improper passing falls under. The punishment impossed is the max for the offense, improper passing. Now if there had been other circumstances involved such as DUI, racing, reckless driving (all criminal offenses) etc.. then there would have been vehicular homicide charges imposed. As bad as it may seem this is no different than if the driver had simply ran a stop sign, ran red light, pulled out in front of someone or ran off the road and over corrected(careless driving) and caused the accident. Believe me in the FHP is extreemly thorough in their investigations and if there had been evidence to support vehiclular homicide charges then those charges would hve been made. There was no "fix" in, and the judge imposed what he was allowed by law. Was the man wrong, responsible, and careless...yes, but under current Florida law he received his punishment. Remember your elected officials set these laws not your judges and enforcement officers. The reason for the “light” punishment is that the there was zero evidence that there was a criminal infraction involved in this terrible accident. Yes, the man passing broke the law, but but the law he brake was a civil infraction not a criminal offense. Florida State statutes do not allow for imprisonment for civil infractions which is what improper passing falls under. The punishment impossed is the max for the offense, improper passing. Now if there had been other circumstances involved such as DUI, racing, reckless driving (all criminal offenses) etc.. then there would have been vehicular homicide charges imposed. As bad as it may seem this is no different than if the driver had simply ran a stop sign, ran red light, pulled out in front of someone or ran off the road and over corrected(careless driving) and caused the accident. Believe me in the FHP is extreemly thorough in their investigations and if there had been evidence to support vehiclular homicide charges then those charges would hve been made. There was no “fix” in, and the judge imposed what he was allowed by law. Was the man wrong, responsible, and careless…yes, but under current Florida law he received his punishment. Remember your elected officials set these laws not your judges and enforcement officers.

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