discussion on Americas Justice system

[freakygirl]

OK.. I've been kicking this around for a few days. It's something that has been bothering me for over a week.. and I'd like everyones opinions on it..

On Saturday night (March 16th) my ex husband and his wife had been out for the evening celebrating his birthday with some friends. They were at the Eagles club 6 blocks from their home, my ex husband had had a few drinks and his wife had drank coffee. She was driving home when out of no where a car appeared in her lane. There was no place to go so she slammed on her brakes and came to a stop. He continued on hitting their 98 Ford Windstar van head on. Ofcourse this made the air bags go off.. and ofcourse he continued on his way. Thank god my ex husband had enough sense to get out of the car and give chase.. he was able to get a license number.

The man was caught within just a few minutes about 3 miles away.

Come to find out he is an illegal immigrant.. Mexican (not that the nationality matters) with no insurance. And he was drunk.. 3 times the legal limit. He wasn't arrested for drinking and driving, he wasn't sited for recklass endangerment, he was driven home after going to the police station to give his statement. He had a legal Washington state drivers licence and the car was titled in his name in the state of Washington.

Because of having no insurance, the claim is being made against my ex husbands uninsured motorist insurance. His van was almost totaled, but they decided because they owe more than what its worth, they would have it fixed anyway.

This man was given the choice to pay restitution (within 1 year) or get deported. Obviously he chose to pay. This means he has to pay back medical expenses, damages to the vehicle and any out of pocket expenses my ex has to pay.

Anyone think he will do it? And why does the state give this man this option? If he is here illegally and he pulls an illegal action.. shouldn't he get sent back to Mexico?

What bothers me the most is.. a few years ago.. I was arrested for domestic violence. A guy that was babysitting my children attacked me.. I defended myself.. he called the cops.. and I was arrested because he lied about what happened. I had to fight in court to regain my innocence. Two years ago, a friend was caught drinking and driving.. he was given a machine to put in his car.. he has to blow into this thing every 10 minutes or his car won't continue driving. He has AA meetings he has to go to for 3 years. If he doesn't do any of this, he goes to jail.

This man almost killed two people (and left 6 children without a mother and father) and he is let go? Why? What the hell is wrong with our justice system?

 

[Dixon Carter Lee]

I'm willing to bet ten bucks that there is more to this story than what you've related here.

Is he awaiting citizenship? Does he have a Visa? How did he get a legal license if he's "illegal". Did he have any prior convicitons? Was he drunk, or imparied? What agency oversees that the court's decision is followed? What application proceedures are there for grievances regarding non-compicance? Were there any witnesses who gave a different account?

There's just not enough info here to say "American justice sucks!"

 

[freakygirl]

Yes, he was 3 times over the legal limit in Washington state.

He came here on a work visa and it has expired (not sure when). He is currently unemployed.. (which makes no sense, because he was driving a late 90's vehicle that was in very nice condition, and he lives in a nice apartment in an upscale neighborhood).

His license is coming up for renewal in 3 months (he has had it almost 4 years). As far as the prior convictions.. the police wouldn't release that information to my ex husband, but yes we do know he has a record. 2 prior DUI's. I'm not sure what agency will follow up with the payment thing. I haven't heard yet. But I'm assuming it will be just like it was any time I had to pay a fine. The court system in the city the accident happened. I have no idea on the procedures for grievances regarding non-compliance.

There was 2 other witness'.. the fireman that was inside the building it happened in front of. And another guy who was behind the driver that my ex husband.


Don't get me wrong.. I don't think the whole justice system sucks. I just think this case sucks.... and I really don't understand how it can be handled the way it is.

 

[patient1]

I was hit head-on by a drunk.
She was prosecuted & convicted & sentenced.
I'm inclined to say that if the guy wasn't deported or prosecuted,
Justice in your county sucks.

I fail to see how there could be more to it....

....unless this guy is in the federal witness protection program.

 

[Dixon Carter Lee]

Well, see, that's a bit different. He's not so much an "illegal alien" as he is someone who was here legally and probably should have gone back but could very well be in the process of extending his Visa etc. etc. At any rate, it sounds like the court is ascribing some rights to him. How many rights is the question? And are they ascribed correctly, and legally, without infringing upon your ex-husband's?

I don't know. It seems shitty, but not illegal or nefarious.

 

[Mellon Collie]

I'm sorry for what has happened to you but I think the fact that the people of this country vote in officials and have the option to vote them out should be stated. The people of America choose to have this government and all the bad things that come with it. Don't bitch about it unless you are doing something (even if it's as little as writing a letter to a congressman) to solve the problems.

 

[freakygirl]

Well, see, that's a bit different. He's not so much an "illegal alien" as he is someone who was here legally and probably should have gone back but could very well be in the process of extending his Visa etc. etc. At any rate, it sounds like the court is ascribing some rights to him. How many rights is the question? And are they ascribed correctly, and legally, without infringing upon your ex-husband's?

I don't know. It seems shitty, but not illegal or nefarious.

I wonder what they would have done to him if he would have killed them...

Hit and run is illegal.. drinking and driving is illegal.. but yet he wasn't charged with any of this.

I don't understand it at all. But then I don't understand alot about our system of doing things.


Patient1, I don't know all the facts on this guy. I only know what I've read on the police report.. what I read on the sheet from the DOC on him.. and by what I've been told. My ex husband is my ex husband because of his lack of ability of telling the truth. I have no idea why he would lie about any of this stuff.. but it's possible he is. I may not have the "whole" story.

 

[freakygirl]

I'm sorry for what has happened to you but I think the fact that the people of this country vote in officials and have the option to vote them out should be stated. The people of America choose to have this government and all the bad things that come with it. Don't bitch about it unless you are doing something (even if it's as little as writing a letter to a congressman) to solve the problems.

Mellon, I totally agree with you. I'm bitching just to bitch and get some input.. I have rallied to get the drunk driving laws changed in Washington state. I've sent letters to congressman and to the govener on lots of issues, but for some reason.. one small voice doesn't make much racket. I get discouraged at it all.

 

[patient1]

I suppose it's possible that there's a plea bargain afoot.
I just remebered that you not only have a drunk driver problem, but Meth trouble in the city, too.

 

[Mellon Collie]

Mellon, I totally agree with you. I'm bitching just to bitch and get some input.. I have rallied to get the drunk driving laws changed in Washington state. I've sent letters to congressman and to the govener on lots of issues, but for some reason.. one small voice doesn't make much racket. I get discouraged at it all.

I sent you a PM, don't mind the bitchiness, I'm just one bitter little girl.

 

[Dixon Carter Lee]

Hit and run is illegal.. drinking and driving is illegal.. but yet he wasn't charged with any of this.

See, that's what I mean about there having to be more to this story than you know. His not being "charged with any of this" hardly seems likely, doesn't it? Either he was charged, or he's being charged, or he's a diplomat -- I don't know. But the facts as you've presented them just don't seem likely.

I hope your ex-husband gets his measurable day in court, and that all goes well.

 

[patient1]

I'm not a gambling man, but I now think DCL is correct in his original post.

If we ever meet, I will buy you a drink, sir.

 

[freakygirl]

A little off subject but still within the realm of it..

In June of 96 my brother was killed in his truck driven by his friend... they were both drunk and my brother was hanging out of the passenger window. Jason took a very sharp corner doing over 80 miles per hour. The weight of my brother and the sharp turn made the truck roll over. Very little damage was done to the truck.. a whole lot of damage was done to my brother.

Jason ran away from the accident, said someone else was driving when he was found later that day. Finally he admited to being the driver and was sentanced to 52 months in jail. He was released 36 months into his sentance for good behavior. The day he was released he was picked up again for drunk driving (no license and on probation). He was released from the county jail because it was overcrowded.

Since that day.. he has been picked up for numerous things.. burglary (which he had 6 convictons of when he was a minor), driving drunk and something to do with molesting shell fish (I think, but I'm not sure.. he was either stealing clams during non clam season, or he was driving on the clam beds at the beach).

I seen him yesterday buying beer at the corner grocery.

Now.. is the justice system fair?? In my eyes.. at times it can be.. but my personal experiences it hasn't been...

 

[freakygirl]

See, that's what I mean about there having to be more to this story than you know. His not being "charged with any of this" hardly seems likely, doesn't it? Either he was charged, or he's being charged, or he's a diplomat -- I don't know. But the facts as you've presented them just don't seem likely.

I hope your ex-husband gets his measurable day in court, and that all goes well.

I tried calling my ex husbands wife, to see if she had heard if or what he was being charged of.

No one is home.. they will call me back later

 

[freakygirl]

Ok, I talked to my ex husbands wife..

He is being charged with fleeing the scene.. driving under the influence of alcohol and driving with no insurance.

I guess we will wait and see what happens...