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Author Topic: Driver who killed 2 motorcyclists in Monroe fined $200  (Read 5364 times)

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porthole

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Driver who killed 2 motorcyclists in Monroe fined $200
« on: July 27, 2008, 12:12:46 AM »

(Monroe is just about in the center of New Jersey)

MONROE —Andrea Lemons faces $200 in fines and will lose her license for 30 days in a sentence handed down Wednesday by the Monroe Township Municipal Court for hitting and killing a husband and wife riding a motorcycle last Thanksgiving Day.

Monroe Prosecutor Robert Smith said Judge Nicholas Lacovara's sentence is the maximum available for Lemons' plea of failing to stop at a stop sign. An examination by the Gloucester County Prosecutors Office following the accident showed Lemons, who was 29 at the time of the accident, could not be charged criminally.

The fatal incident occurred around 9:15 a.m. when Mark Shiplee, 54, and his wife, Debora, 49, of the Franklinville section of Franklin, were driving their 2007 Harley Davidson motorcycle to a Thanksgiving event in Cherry Hill for out-of-state soldiers preparing for deployment to Iraq.

The Shiplees, who were wearing helmets, were traveling north on Tuckahoe Road near the Gloucester County Veterans Memorial Cemetery when they were hit by a 2007 BMW driven by Lemons. She ran a stop sign while traveling west on Franklinville-Williamstown Road, police said.

The motorcycle, which Mark Shiplee was driving, went into a spin and hurtled down Franklinville-Williamstown Road before stopping. Debora Shiplee died at the scene while her husband was taken by ambulance to Kennedy Memorial Hospital in Washington Township, where he later died.

Smith said a careless driving charge against Lemons was dropped as it referred to the same instance of running the stop sign.

Family members of the Shiplees could not be reached for comment on Friday. Smith said many of the couple's family, which included six children and 12 grandchildren, were present for the sentencing on Wednesday.

"It's just an extremely tragic situation," Smith said.

An attorney representing Lemons could not be reached for comment on Friday.

Like all traffic fatalities, Smith said the accident was reviewed by the Gloucester County Prosecutors Office.

County Prosecutor Sean Dalton said it was determined Lemons was not driving recklessly at the time of the accident, a determination needed to file a criminal charge of death by auto or vehicular manslaughter.

"In order to be found to be reckless there must be a conscious disregard of a known risk," he said.

This could include driving at an excessive speed, driving under the influence of drugs or alcohol or driving in a vehicle with serious safety concerns.

"We carefully reviewed this case from many different angles to determine if there was any basis to charge the driver criminally," he said.

While he described it as "the worst kind of case where two fine individuals lost their life," Dalton said the facts of the incident do not support a criminal investigation.

Through a scientific reconstruction of the accident it was determined that Lemons was traveling somewhere between 53 and 57 miles per hour at the time of the accident, said Lt. Anthony Pace, director of the Monroe Police Department's Traffic Safety Bureau.

The posted speed limit is 45 miles per hour.

From the beginning, police determined that drugs or alcohol were not a factor in the incident.

Pace said Lemons was subject to a blood test when she was taken to the hospital for minor injuries following the accident but was not given a Breathalyzer because there was no evidence at all to link alcohol to the incident.

"We really tried to pull out our most powerful magnifying glass to find out what happened here," Pace said

http://www.mycentraljersey.com/apps/pbcs.dll/article?AID=/20080726/STATE/80726004
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Twolanerider

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Re: Driver who killed 2 motorcyclists in Monroe fined $200
« Reply #1 on: July 27, 2008, 12:21:05 AM »

Another of the tragic cases where if two cages had been involved the likelihood is for minor injuries, traffic tickets and everyone goes on their way.  Because one of the vehicles was a bike, however, the consequences were as much worse as they could possibly be.

I don't, however, disagree with the judgement based on the facts presented.  If there'd been a traffic accident with no other circumstances in play to place further blame on the driver it'd be just that, a traffic accident.  As it sounds like they adjudicated it.

I strongly believe the last thing we want is legislatures legislating with us specifically in mind.  We are best served when they just leave us along.  Everything a legislature does specifically for our benefit will have offsets.  They'll be thinking about us more and noticing us more.  We have to be just another vehicle on the road.  The more "special" we become the more closely controlled we will be.
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porthole

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Re: Driver who killed 2 motorcyclists in Monroe fined $200
« Reply #2 on: July 27, 2008, 01:45:18 AM »

They'll be thinking about us more and noticing us more. 


I put the Motolights on my bike. I don't necessarily like the way they look, but, I swear people sit up and take notice. And when coming from the opposite direction I don't think most people can even tell what that is coming at them with 5 lights (headlight, 2 spots and 2 moto's).

That and the super bight LED's I did make a hug "be seen" improvement.

Ain't nothing going to help when some ass blows a stop light a 55 plus. I would have argues that since the intersection was controlled by a stop sigh that she exceeded the speed limit by at least 45 over the limit, and that would be criminal.
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Re: Driver who killed 2 motorcyclists in Monroe fined $200
« Reply #3 on: July 27, 2008, 01:52:37 AM »

I put the Motolights on my bike. I don't necessarily like the way they look, but, I swear people sit up and take notice. And when coming from the opposite direction I don't think most people can even tell what that is coming at them with 5 lights (headlight, 2 spots and 2 moto's).

That and the super bight LED's I did make a hug "be seen" improvement.

Ain't nothing going to help when some ass blows a stop light a 55 plus. I would have argues that since the intersection was controlled by a stop sigh that she exceeded the speed limit by at least 45 over the limit, and that would be criminal.


Motolights?  Those are those caliper mounted lights, right?
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porthole

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Re: Driver who killed 2 motorcyclists in Monroe fined $200
« Reply #4 on: July 27, 2008, 07:46:39 AM »



Motolights?  Those are those caliper mounted lights, right?

Yes. Have the chrome version, they actually look pretty good, just don't care for the look. But, I live in one of the most congested areas in the country and every little bit helps. And I believe these help a lot.
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murphy

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Re: Driver who killed 2 motorcyclists in Monroe fined $200
« Reply #5 on: July 27, 2008, 07:50:17 AM »

shows the value the rst of the world puts on us... $100 a piece! :nixweiss:
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Re: Driver who killed 2 motorcyclists in Monroe fined $200
« Reply #6 on: July 27, 2008, 08:07:52 AM »

a little confused once again...how does blowing a stop sign travelling 8-12 mph over the posted limit killing two people not rise to burden of proving at a minimum reckless driving. Regardless of bike or cage. WTF  :nixweiss:

Howie
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hogasm

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Re: Driver who killed 2 motorcyclists in Monroe fined $200
« Reply #7 on: July 27, 2008, 10:50:38 AM »

a little confused once again...how does blowing a stop sign travelling 8-12 mph over the posted limit killing two people not rise to burden of proving at a minimum reckless driving. Regardless of bike or cage. WTF  :nixweiss:

Howie

Lawyers and Loopholes

Here we had two separate cases where drugs and alcohol were involved in deaths where:

While driving on the beach at Oregon Inlet 4 wheeling on the beach, doing donuts and such, the vehicle flipped and the passangers in the back of the truck died. The operator of the vehicle got off on all charges of involuntary manslaughter and reckless driving because...

The National Park Service never came up with a management plan for the use of the beach...so they did not have the authority to issue any tickets for any infractions. The courts had to drop all charges in both cases.

Lawyers and Loopholes :soapbox:
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Re: Driver who killed 2 motorcyclists in Monroe fined $200
« Reply #8 on: July 27, 2008, 11:25:26 AM »

I put the Motolights on my bike. I don't necessarily like the way they look, but, I swear people sit up and take notice. And when coming from the opposite direction I don't think most people can even tell what that is coming at them with 5 lights (headlight, 2 spots and 2 moto's).

That and the super bight LED's I did make a hug "be seen" improvement.

Ain't nothing going to help when some ass blows a stop light a 55 plus. I would have argues that since the intersection was controlled by a stop sigh that she exceeded the speed limit by at least 45 over the limit, and that would be criminal.

Can you post a picture of your motolights?  I am an advocate of being seen at night!  Bright lights work... even for four legged critters...
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Twolanerider

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Re: Driver who killed 2 motorcyclists in Monroe fined $200
« Reply #9 on: July 27, 2008, 01:53:26 PM »

a little confused once again...how does blowing a stop sign travelling 8-12 mph over the posted limit killing two people not rise to burden of proving at a minimum reckless driving. Regardless of bike or cage. WTF  :nixweiss:

Howie

As long as it's in the context of "regardless of bike or cage" that's an all too fair question.  And one that has to be all but impossible for a prosecutor to answer when being stared down by a victim's family.

However....

Being Devil's Advocate here.  Eight or ten over isn't uncommon.  We all know it.  In fact it's rather accepted.  So we're only highlighting the speed now because there was an accident to which the speed might or might not have been a factor.  After all, getting tboned by a car going 45 is going to kill me on my bike every bit as dead as if the same car hit me going ten mph faster.

So the car ran a stop sign.  It did so without drugs, alcohol or any other impairment being a factor.  We share an assumed risk being on the road.  That's part of the package.  All that being so, if I'm driving that cage I'm arguing strongly that years of my life are not forfeit for running a stop sign.  It's a traffic accident.  Nothing else in the facts known to make it an intentionally criminal act.

Having said all that, the families of the bike riders ought to take the cage driver for all she's worth in civil court.  Just because the driver should not have criminal liability should not mean she's even close to done paying.
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porthole

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Re: Driver who killed 2 motorcyclists in Monroe fined $200
« Reply #10 on: July 27, 2008, 02:06:18 PM »

I'm sure if the offense could use it they would have, but since she went through a stop sign which effectively is a "0" speed limit, then she was doing 55+ over the limit.
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Coolbreeze

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Re: Driver who killed 2 motorcyclists in Monroe fined $200
« Reply #11 on: July 28, 2008, 12:13:08 AM »

Pic of the motolights?    Sorry for the threadjack,  but I like visibility.

And

As bad of a taste as it leaves in my mouth, I agree wit 2LR that it shouldn't be a criminal case.  It's just a really sad accident. 
However, I DON"T agree with the sueing her issue either.  It's probably correct under the law to do so, but I'm just so tired of the sueing thing that I think it ought to be a crime to sue somebody.  Just buy insurance and take th payout.  or somethin like that.

Dammit... we should just outlaw cars that weigh more 1000lbs and solve the issue that way!   
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Twolanerider

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Re: Driver who killed 2 motorcyclists in Monroe fined $200
« Reply #12 on: July 28, 2008, 12:34:01 AM »


However, I DON"T agree with the sueing her issue either.  It's probably correct under the law to do so, but I'm just so tired of the sueing thing that I think it ought to be a crime to sue somebody.  Just buy insurance and take th payout.  or somethin like that.


Really?  No responsibility at all?  It is an "accident."  As the facts are known here in every sense.  Just because there's not criminal liability doesn't say there's not responsibility.  We share responsibility because we choose to be on the road.  When someone runs a sign they get a far larger part of that share of responsibility though.

It is an accident.  Years shouldn't be forfeit.  Neither should a complete financial life stake.  But to the tort limits provided by the State in question and the coverages of the drivers policy the driver ought to be responsible.  Since an insurance provider rarely just writes the big check that means suit.
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Re: Driver who killed 2 motorcyclists in Monroe fined $200
« Reply #13 on: July 28, 2008, 03:50:05 PM »

I think the $200 fine should be put toward the driver's funeral..  THE MUFFMAN
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Re: Driver who killed 2 motorcyclists in Monroe fined $200
« Reply #14 on: July 28, 2008, 04:40:32 PM »

I'm tired of lawsuits too but legitimate ones are needed. I think this falls into the legitimate category. Those that file suits like the famous McDonalds coffee lawsuit should be fined themselves.

Bret
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