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The Water Cooler
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Suspended License / No Insurance
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<blockquote data-quote="inactive" data-source="post: 1769354" data-attributes="member: 7488"><p>The simple unintentional injuring of someone else is a tort, or civil offense. There really is no criminal penalty for this, only the relief that the claimant can seek from the tortfeasor. It's no different really from my dog biting you, or my hitting your house window or your head while driving golf balls from my front yard, or you slipping on my front porch, etc.</p><p></p><p>The driving without a license and without insurance, on their own, are crimes. But do these crimes constitute an arrest? Think about this question without considering if someone was or was not hit and injured in an accident. I tend to think no; these offenses on their own do not constitute an arrest (i.e. hook 'em up and take them to the station) but rather citations.</p><p></p><p>If there are other acts that constitute to gross negligence, i.e. driving while intoxicated or grossly reckless driving (racing, texting, etc.), there are other criminal charges that may be applied (vehicular manslaughter, etc.). </p><p></p><p>If you think the combination of the two acts listed above (a simple tort plus driving uninsured) with not other contributing factors (gross negligence, manslaughter) constitutes a criminal act, then a law would need created address this as a criminal issue.</p></blockquote><p></p>
[QUOTE="inactive, post: 1769354, member: 7488"] The simple unintentional injuring of someone else is a tort, or civil offense. There really is no criminal penalty for this, only the relief that the claimant can seek from the tortfeasor. It's no different really from my dog biting you, or my hitting your house window or your head while driving golf balls from my front yard, or you slipping on my front porch, etc. The driving without a license and without insurance, on their own, are crimes. But do these crimes constitute an arrest? Think about this question without considering if someone was or was not hit and injured in an accident. I tend to think no; these offenses on their own do not constitute an arrest (i.e. hook 'em up and take them to the station) but rather citations. If there are other acts that constitute to gross negligence, i.e. driving while intoxicated or grossly reckless driving (racing, texting, etc.), there are other criminal charges that may be applied (vehicular manslaughter, etc.). If you think the combination of the two acts listed above (a simple tort plus driving uninsured) with not other contributing factors (gross negligence, manslaughter) constitutes a criminal act, then a law would need created address this as a criminal issue. [/QUOTE]
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