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[dlaws01]

It is always tragic to lose a loved one, even more so when its in a senseless accident involving alcohol or drugs.  There is a time and place for everything and alcohol and drug use while operating any motor vehicle is more than irresponsible.  I have gone on several charity poker runs near my community and was surprised when I found that the stops along the way to draw for a card were bars where I witnessed many participants enjoying a cold one at each stop.  Needless to say I don't involve myself in these types of charities anymore. I used to be a fool but by the grace of God I lived through it and know better to place myself or even worse, someone else in harms way.

[RedFXR2]

The latest:

http://www.floridatoday.com/apps/pbcs.dll/article?AID=200990106025


Bike builder faces additional felony charge
BY KEYONNA SUMMERS • FLORIDA TODAY • JANUARY 6, 2009

 
Prosecutors have filed an additional felony charge against famed motorcycle builder Billy Lane, court records show.

Lane, 38, was charged two years ago with one count of DUI manslaughter in connection with a Labor Day 2006 traffic accident in which 56-year-old Sebastian Inlet park ranger Gerald Morelock died.

Police said Lane’s blood-alcohol level was more than twice the legal limit when he crossed a double yellow line to pass several cars near Melbourne Beach, striking Morelock’s motorcycle head-on.

DUI manslaughter is a second-degree felony, punishable by up to 15 years in prison.

However, the Brevard state attorney’s office has filed an alternative charge of vehicular homicide, also a second-degree felony punishable by up to 15 years in prison.

Prosecutor Tom Brown said he filed the charge in response to a November hearing, during which Lane’s attorneys withdrew their bid to bar trial testimony about the blood evidence and said they would instead raise the issue at trial.

DUI manslaughter requires proof that the defendant caused or contributed to the crash and had an unlawful blood-alcohol level, while vehicular homicide simply requires proof of reckless driving.

Once the defendant waives their right to speedy trial, there is a three-year statute of limitations on filing charges against him or her, Brown said.

“This issue (about the admissibility of the blood evidence) will not be resolved until trial so we have gone forth with the added charge,” Brown said.

Brown said filing the vehicular homicide charge, which requires the state to prove Lane was driving recklessly but does not include a drug or alcohol element, ensures prosecutors are able to proceed at trial, no matter the judge’s ruling on the blood evidence.

“We are preparing for all eventualities at trial,” he said.

Lane’s defense attorney, Greg Eisenmenger, said he doesn’t believe there’s any basis for either charge filed against his client.

“It came as somewhat of a surprise to see something like this filed so late in the game,” he said.

“This is a tragic accident that doesn’t rise to the level of willful and wanton reckless driving,” Eisenmenger said of the new charge. “And there’s significant issues whether Mr. Lane was under the influence of anything at the time of the accident.”

Lane’s trial is set for Feb. 9.

[ccr]

Mike, thanks for keeping us in the loop on this subject.

[mr_magoo]

Well some day the guys family will get closure if they are lucky.

[OhioDave]

Its unfortunate for the family of the deceased that this has dragged on so long, i have met Billy at several bike shows and he was always personable, but there is no excuse for this scenario.

[Wildrat]

I was at the guys shop that day. He was there and the tourist were just swooning over him. In the shop in plain view were several bottles of liquor setting on top of the fridge.When people get to big for their britches this is what happens. They forget they are human and think they are something better and they end up hurting others with no regard at all. I don't have any sympathy for the guy, he made a choice, he killed, now he needs to go to prison and see if he is a catcher or a pitcher.

[sportygordy]

I was at the guys shop that day. He was there and the tourist were just swooning over him. In the shop in plain view were several bottles of liquor setting on top of the fridge.When people get to big for their britches this is what happens. They forget they are human and think they are something better and they end up hurting others with no regard at all. I don't have any sympathy for the guy, he made a choice, he killed, now he needs to go to prison and see if he is a catcher or a pitcher.

I agree with you here and i hope he will have his day in court which sends him to prison for his crime. I've heard other people that met him one-on-one and say he is a 'real' self-centered, egoistic 'arse'

[JoMo]

I met Billy twice at bike shows, yes he is a nice guy.
But there is no excuse for DUI!!! He should be made responsible
for what he did. Sorry Billy.



                                         Jo Mo NYC 

[Wildrat]

Thing is he may be a nice guy when not under the influence, but as we all know our personalities change when we drink, some get happy, some get sad, some get Mean and Nasty, some get sweet and available, some get loud and obnoxious, some get quiet and shy. So who knows what his personality is when under the influence. One thing for sure ignorance is in there for him somewhere. I hate to see him go down like this but he needs to get it behind him and prepare for the future, and it's up to him whether he will have one. All of us in our lives have down periods but it is up to the individual how they will get through it. I think I will stop now because I am feeling emotions from my down periods in life. Catch y'all later.

[rganz]

It doesn't matter what you think of the guy. Doesn't matter if he was a saint or a ahole -- if you screw up in life be prepared to take the lumps. This is what many of us had drilled into our heads growing up and somehow we have seemed to have lost this value.
Everyone has a lawyer/psychiatrist and or a councillor  and a excuse for everything. It makes me want to vomit.  Not trying to be preachy---believe me ,I have paid for many mistakes.


Stand up and be a man

Rob