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Old 05-31-2009, 03:34 PM   #1
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Default ...crossing the center line

Apparently, crossing the center lane with your car and killing three motorcyclists and badly injuring a forth does not meet the NH standard for criminal negligence. On Friday, May 29, the 5-member NH Supreme Court by a decision of three to one overturned a twelve year sentence of three counts of criminal negligence against a 20-something year old Thornton man who struck two Harley Davidsons carrying two married couples on the now infamous Route 49 S-curve in Thornton. Three small white crosses situated on the grass by the side of the road continue to memorialize the event to this day.

"At most, the evidence shows that his car inexplicably drifted over the double yellow line and into oncoming traffic for no more than two seconds;" Justice Linda Dalianis explaining the majority's position.

I'm no attorney myself, just an interested NH driver who is always very carefull to keep my car within its lane, between the lines, yellow or white, where it is supposed to be. Everyone has seen center line violations by other cars, at one time or another. It's unfortunately not too uncommon.

This terrible accident which killed three 50-something year olds, and badly injured a forth; two husband and wife couples, riding their Harleys from Indiana for 'bike week' in June 2006 may shed a little bit of light on how New Hampshire differentiates between being criminally negligent as opposed to being only civilly negligent. It seems like it is a grey area, but if alcohol or drugs are detected in the driver, that tends to automatically increase the legal sentence to a level of criminal negligence.

Maybe someone can provide a good working link to the full article which was in both the Citizen and the Union Leader, yesterday and today?
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