2.5 Years for texting, driving, and killing a man-ABOUT TIME

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frapjap
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FINALLY. This is exactly the type of story that had to be published so folks start to understand the severity of distracted driving. The law here in MA is $100 fine if you're caught texting and driving.

http://www.google.com/hostednews/ap/art ... 51dbd5fe62
Mass. teen guilty in texting-while-driving crash
(AP) – 13 hours ago
HAVERHILL, Mass. (AP) — A Massachusetts teenager was sentenced Wednesday to spend a year in jail for a fatal traffic accident that happened while he was texting.

Aaron Deveau of Haverhill was sentenced to 2 ½ years behind bars with a year to serve and the remainder suspended for the February 2011 crash that took the life of Donald Bowley Jr., 55, of Danville, N.H., and seriously injured Bowley's girlfriend.

Prosecutors say the then-17-year-old high school student sent 193 text messages the day of the crash, including some just a minute or so before impact and dozens more after it.

A Haverhill District Court jury convicted Deveau of motor vehicle homicide and negligent operation while texting. Family members of both Deveau and Bowley, sitting just feet from each other in court, cried and hugged as the verdict was read.

Deveau apologized to Bowley's family. He was among the first people convicted under a law that took effect in September 2010 that created the criminal charge of texting while driving negligently and causing injury. Deveau faced that charge for the injuries caused to Bowley's girlfriend.

Now 18, Deveau, who had faced a maximum of four years behind bars, also was ordered to perform 40 hours of community service and surrender his driver's license for 15 years.

Police say Deveau's car crossed the center line on a Haverhill street and crashed head-on into Bowley's vehicle. Bowley, a father of three, died 18 days later of injuries authorities say he suffered in the crash. His passenger and girlfriend, Luz Roman, had an extensive stay in the hospital recovering from her injuries.

"This has been giving me a lot of pain. There are no words to describe," Roman said outside of court Wednesday.

Bowley's sister, Donna Burleigh, said, "We hope this sends a message that it's not OK to text and drive."

Deveau testified Tuesday, saying he was not sending or receiving text messages in the moments before the collision. He said he put his phone on the passenger seat and was distracted and thinking about his homework when the crash occurred. He told police after the crash that he swerved to avoid another vehicle in front of him that suddenly hit its brakes.

His lawyer, Joseph Lussier, said prosecutors failed to prove that Deveau was texting at the time of the crash. Lussier said the number of texts Deveau sent that day was irrelevant.

Copyright © 2012 The Associated Press. All rights reserved.


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AppleBonker
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I'm actually not entirely sure how I feel about this. I know I made some mistakes (behind the wheel even) when I was roughly that age. I'd hate to have any of them land me in jail for a year. Then again, none of my mistakes killed anyone.

I just wish more people recognized that piloting a 2-ton missile is a large responsibility. Not giving it your full attention can easily lead to death. There really is no excuse for not focusing.

Also, I love the argument presented for his defense: "he swerved to avoid another vehicle in front of him that suddenly hit its brakes". There is so much wrong with that I don't even know where to begin. He was either following too closely or not paying attention. And was I one of the rare people taught that swerving into oncoming traffic is not usually the best accident avoidance maneuver?

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krash
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and surrender his driver's license for 15 years.
MOTHER OF GOD.
AppleBonker wrote: And was I one of the rare people taught that swerving into oncoming traffic is not usually the best accident avoidance maneuver?
WTF? I've never heard that. I was taught that in the event that you need to avoid an accident, swerving into oncoming traffic is the best possible maneuver. My top-class driving school proved that the gravity of an oncoming car will interplode with the centripetal force of your car and the head-on collision will result in nothing but fluffy pillows and puppies. Also, magnets.

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300ZXttZMAN
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and surrender his driver's license for 15 years.
WOW!!
AppleBonker wrote: I just wish more people recognized that piloting a 2-ton missile is a large responsibility. Not giving it your full attention can easily lead to death. There really is no excuse for not focusing.
Agreed its a huge responsibility.. Its a shame people don't give driving their full attention. Not only because they may crash into someone and kill someone but for defensive purposes as well.

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Jesda
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I <3 magnets.

On one hand, it's a harsh punishment. On the other hand, someone got killed.

Personally, I don't think 2.5 years in jail is necessary to reform the behavior. Time behind bars, even only a year, could turn a casual motorist and otherwise nonviolent member of society into a seasoned criminal. American jails and prisons don't reform people. They only make them worse.

I say, have him serve 2-3 years in a capacity that forces him to repay the family for damages and give back to the community. Make him work in a morgue or emergency room.

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AppleBonker
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Jesda wrote:Personally, I don't think 2.5 years in jail is necessary to reform the behavior. Time behind bars, even only a year, could turn a casual motorist and otherwise nonviolent member of society into a seasoned criminal. American jails and prisons don't reform people. They only make them worse.

I say, have him serve 2-3 years in a capacity that forces him to repay the family for damages and give back to the community. Make him work in a morgue or emergency room.
I agree with this.

However, I'm struggling to come up with a good idea for how other people can be deterred from the same behavior. Reading some of the comments on various news articles about this is telling. There are a number of people claiming the penalty is too harsh because he was only texting and driving. And "everyone drives distracted". It honestly frightens me that I (and my friends/family) share the road with these people...

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Jesda
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I would bet that even the family members of the victims (or the victims themselves) have done the same thing.

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AppleBonker
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Possibly. But I'm sure this has made them less likely to do so.

I try to avoid looking at my phone at all when I'm driving. At red lights, maybe. The worst that can happen there is I get honked at for not moving when it turns green. Then again, at this time of year (in my area) I need to keep an eye out for deer as well as other drivers, so I tend to be more focused than most I believe.

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RicerX
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I lost a friend to someone texting while driving. She was on her bicycle and the dude was texting and never saw her. Silly thing is, the passing lane was wide open. All he had to do was merge and they both had plenty of room to use the road.

Every morning I drive to work and witness near-accidents due to cell phone usage. That is no exaggeration - on the interstate EVERY morning on my 20 minute commute in. Sorry - but someone had to have an example made of them for people to realize what can happen. 65 MPH = roughly 95 feet per second. I see people looking down for 3-5 seconds while texting (I have been in the car with them). That is up to nearly a tenth of a mile of road they're not even looking at. Think about what can happen in that distance at interstate speeds.

The majority of people suck at driving without any distractions as it is. It's time to face the music and understand that we are accountable for our actions behind the wheel. Tough lesson for a kid, but oh well. It's not like people haven't been talking about the dangers of texting and driving for YEARS now. His parents should have told him about it while he had a learner's permit - his driver's ed teacher... etc.

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I don't agree with the jail time. Jesda is right. He'll come out worse than when he went in. I do however agree with community service and losing his license. Regardless if it was intentional or not, his actions lead to another person's death and it was 100% preventable.

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alms24sebring
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I think the 15 years no license is too harsh. I could understand years in prison for the manslaughter and community service tho, and maybe a revoked license for up to 5 years

We all know that texting and driving is bad. I think we all can admit that we have done it at one time or another and if you say you havent, your 99% lying. I think its super hypocritical when people say its so horrible and should be outlawed permanently, but do it themselves. Its like another version of drunk driving. 'Oh its only 2 beers'. Doesnt matter, its still drinking and driving.

I keep it to red lights usually and minimal if there is no other traffic around me, Like an 'ok' or 'be there in a few', not a paragraph and a half. I never do it in traffic or if there are cars even close to me. Id rather wreck just my car than anyone elses. Ive even pulled into a parking lot if there was something important and long that I had to send. But before you rip me a new one, I am not saying that that is ok to text one word answers. Its still taking my eyes off the roads. And 3-5 seconds is waaaay too long. I keep it to absolutely no more than 2 seconds.

I think there should be a fairly stiff law for texting and driving. $60-100 first offense, and increasing from there for every offense after.

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alms24sebring wrote:I think the 15 years no license is too harsh.
I think it's kid gloves.

No more license. Forever.


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