[Sandtrap328]

This past Wednesday, an 88 year old man swerved from Hwy 27 and hit and killed a man who was walking to work. The driver kept on going and was stopped by Leesburg police. He apparently was driving to see his wife in the hospital.

The question I put forth is : What should happen to the driver? Sending him to jail at age 88 is not reasonable.

In my view, his car should be confiscated and license taken away. He probably has insurance so the victim's family can collect the maximum off of that.

Chances are if the car is confiscated, an 88 year old man is not going to get another car and will rely on family, friends, or taxi.

What other penalty is appropriate?

[Cedwards38]

But at what age do we determine that crime and punishment is not applicable? I don't think that's a factor. I think the driver's intent is a huge factor. If this was an unfortunate accidental death then treat it as such. If there was some form of nefarious intent involved, then the punishment should apply regardless of age. If this was due to a person whose capacities are compromised due to age, then the person should be prohibited from driving, but his car still belongs to him and his family and should not be confiscated.

[Sandtrap328]

Originally Posted by Cedwards38

But at what age do we determine that crime and punishment is not applicable? I don't think that's a factor. I think the driver's intent is a huge factor. If this was an unfortunate accidental death then treat it as such. If there was some form of nefarious intent involved, then the punishment should apply regardless of age. If this was due to a person whose capacities are compromised due to age, then the person should be prohibited from driving, but his car still belongs to him and his family and should not be confiscated.

The 88 year old man was somewhat diminished at the time as he was thinking about his wige in the hospital. No nefarious intent. Accidental by swerving but he kept on going.

Just taking a license away does not guarantee he will not drive anymore. Confiscating the car - in this instance a deadly weapon - is legal and will pretty much guarantee he will not drive again.

[redwitch]

Sorry, he committed a crime, he should do the time. Not only did he kill another human, he left the victim to die alone. I don't care what his age is, he deserves jail time. Who knows if the victim could have been saved had this man stopped? Taking his car might just be punishing his wife and she certainly did nothing wrong.

[Barefoot]

Originally Posted by redwitch

Sorry, he committed a crime, he should do the time. Not only did he kill another human, he left the victim to die alone. I don't care what his age is, he deserves jail time. Who knows if the victim could have been saved had this man stopped? Taking his car might just be punishing his wife and she certainly did nothing wrong.

If he knew he hit someone, shame on him. Punishment has to fit the crime, regardless of age.

[GeoGeo]

Missed this story. Did the guy know he hit someone?

[borjo]

From what I read he thought he hit a box that fell from a truck.

[jnieman]

Originally Posted by Sandtrap328

This past Wednesday, an 88 year old man swerved from Hwy 27 and hit and killed a man who was walking to work. The driver kept on going and was stopped by Leesburg police. He apparently was driving to see his wife in the hospital.

The question I put forth is : What should happen to the driver? Sending him to jail at age 88 is not reasonable.

In my view, his car should be confiscated and license taken away. He probably has insurance so the victim's family can collect the maximum off of that.

Chances are if the car is confiscated, an 88 year old man is not going to get another car and will rely on family, friends, or taxi.

What other penalty is appropriate?

Recently my son witnessed a hit-and-run accident in South Florida. A driver side-swiped a bicyclist. The driver took off and my son pursued him following behind him until he arrived at his home all the while on the phone with the police. He also was an 88 year old man. Once the police came the neighbors all came out and were telling my son what a bad driver he was and how maybe now they will take his license this time. He told the police he didn't know he hit anyone. Luckily the victim wasn't killed. I think at that age he was probably knew that they would take his license. I know my mother-in-law has been told this by her insurance company to be very careful while driving that one incident and that would be it. She is 91. As for this driver I agree, putting him in jail wouldn't do much good. Possibly a 6 month sentence, take his license and give him a fine might get the point across.

[mixsonci]

Take away his car and maybe house arrest. If he is able to drive, he is able to know and be aware of what's going on when he's behind that wheel. If he chooses to drive at his age, he is responsible for anything that happens when he does, no exceptions, no excuses about age.

[Polar Bear]

Given the limited facts, he would almost certainly be convicted of a felony. I seriously doubt the law allows for consideration of age regarding guilt or innocence in such a crime.

A judge might be able to consider age during the sentencing phase. That would appear to me the only possible leniency. And even then, in such serious crimes there is probably a minimum sentence. If so, age should not enter into the considerations.

[rubicon]

What we do know is that an 88 year old man struck a pedestrian and left the scene of the accident. The Why is something an investigation will determine.

As to the consequences we know that if the 88 year old had insurance that his insurance company will become involved so that compensation is likely given to the pedestrians family.

As to criminal proceedings we don't know, however, the pedestrian's family would have some influence here if they pushed the issue

What I can saying as a certainty is that a bunch of attorneys had dropped the pedestrian family a call or a letter minutes after the mishap because they all have police/newspaper contacts. I would be honored to handle your claim

[golfing eagles]

Sentence him to community service at a funeral home during calling hours for hit and run victims

[duhbear]

If this was an 18 year old on the way to see his mother or sister, would your opinion change? Probably.

In my opinion he did the crime, do the time - 18 or 88.

The DA should take it to court and let the jury/judge decide.