 Billy Lane charged in death of rider
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Joined: Jan 2005
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Worn Saddle
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OP
Worn Saddle
Joined: Jan 2005
Posts: 6,308 Likes: 4 |
A word to the wise is not necessary. It is the stupid ones who need the advice.
Pat
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 Re: Billy Lane charged in death of rider
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Anonymous
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Anonymous
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Lock him up and throw away the key.
One less drunk behind the wheel.
Too bad for Gerald Morelock and his family it took this to catch Lane ...
Last edited by Adey; 10/03/2006 9:33 AM.
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 Re: Billy Lane charged in death of rider
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Joined: Mar 2006
Posts: 1,540
Learned Hand
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Learned Hand
Joined: Mar 2006
Posts: 1,540 |
Well now he can really call those things Outlaw choppers.
Yet another reason not to drink and drive. This is why I like to live in the middle of nowere I figure it should help reduce the chances of meeting a drunk at night.
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 Re: Billy Lane charged in death of rider
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Joined: Jan 2005
Posts: 9,223
Big Bore
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Big Bore
Joined: Jan 2005
Posts: 9,223 |
Charges are: DUI, manslaughter, driving with a suspended license, & DUI with serious bodily injuries. With a blood alcohol of .192  , they should lock him up for awhile and get him into an alcohol rehab program. My one concern is that the defense might use the part of forcibly drawing blood to get him off. But at the hospital, Lane, still able to speak, refused a request from investigators to draw blood. Troopers then had to hold Lane down while a nurse took the blood sample, officials said.Perhaps someone with knowledge in ths area can chime in??
"Never underestimate the power of human stupidity" - Robert Heinlein
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 Re: Billy Lane charged in death of rider
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Joined: Aug 2005
Posts: 485
Adjunct
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Adjunct
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I thought the same thing when I read that they took a blood sample even though he refused. You know he has the money for a team of good lawyers. I hope he doesn't get off because of some loophole like this; It seems like I've seen it happen too many times though. Will
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 Re: Billy Lane charged in death of rider
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Joined: Jan 2005
Posts: 12,877
Should be Riding
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Should be Riding
Joined: Jan 2005
Posts: 12,877 |
We've got a couple lawyers on the site! I hate it when people get off on something because the evidence wasn't properly collected. It is still evidence, and still proves something! Yikes.... Hopefully there is enough there to get him anyway.
Benny
Black & Silver '02
Too many mods to list
Not enough miles ridden
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 Re: Billy Lane charged in death of rider
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Joined: Jan 2006
Posts: 7,694 Likes: 22
Monkey Butt
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Monkey Butt
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Posts: 7,694 Likes: 22 |
Schemerber v. California is the key to it. Your body has critical evidence needed in a criminal case. While waiting for a warrant (search warrant) your body is naturally killing the evidence. Every time he takes a breath his BAC drops a bit.
Anyhow the supreme court ruled that if probable cause to arrest existed then they can force the blood in a DWI arrest under the above law.
We are free of unreasonable or unlawful search but the reverse is unreasonable to be able to destroy evidence because of time and formality. I agree with the court on this one.
To get the BAC level in at trial they will have to first show probable cause to believe alcohol was involved. A simple accident would not be enough. They will testify to odor of an alcoholic beverage, bloodshot eyes, slurred speech, alcohol if any in the vehicle etc, along with the driving conduct. At the end of that section of trial they will move to admit the BAC from the blood. The defense will object and the judge will rule. 90% of the time the blood work gets in.
I try to aggravate one person a day. Today may be your day.
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 Re: Billy Lane charged in death of rider
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Anonymous
Unregistered
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Anonymous
Unregistered
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 Re: Billy Lane charged in death of rider
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Joined: Aug 2005
Posts: 2,726
Loquacious
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Loquacious
Joined: Aug 2005
Posts: 2,726 |
In the state of Florida, if you are the probable cause of an accident that results in a death, they can do a blood alcohol test even if you refuse. The only argument an attorney would have is how the actual sample was treated and tested.
Bob
2005 America, 904cc - sold. 2014 Trophy SE.
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 Re: Billy Lane charged in death of rider
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Joined: May 2006
Posts: 3,971
Loquacious
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Loquacious
Joined: May 2006
Posts: 3,971 |
In CT, conviction for vehicular manslaughter brings mandatory jail time. I don't believe too many sentences here get suspended.
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 Re: Billy Lane charged in death of rider
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Joined: Jan 2005
Posts: 850
3/4 Throttle
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3/4 Throttle
Joined: Jan 2005
Posts: 850 |
he'll be convicted; it's hard to get off on dui charges these days-- let alone moter vehicle homicide.
cat
George in Easy Rider: "Oh, oh I've got a helmet! I got a beauty!"
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 Re: Billy Lane charged in death of rider
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Joined: Jan 2005
Posts: 7,643
Monkey Butt
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Monkey Butt
Joined: Jan 2005
Posts: 7,643 |
One less idiot on the road, they should never have a licence again if it was upto me
Ray(UK)
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 Re: Billy Lane charged in death of rider
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Joined: Jan 2006
Posts: 221
Adjunct
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Adjunct
Joined: Jan 2006
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 Re: Billy Lane charged in death of rider
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Joined: Feb 2005
Posts: 20,096 Likes: 2
Fe Butt
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Fe Butt
Joined: Feb 2005
Posts: 20,096 Likes: 2 |
Quote:
I thought the same thing when I read that they took a blood sample even though he refused. You know he has the money for a team of good lawyers. I hope he doesn't get off because of some loophole like this; It seems like I've seen it happen too many times though.
Will
Well, look at it this way Will.... ...Once Billy's "Dream Team" of "Legal Eagles" get's the asshat off, he'll have plenty o' time to help O.J. find the "real killers". 
Cheers, Dwight (...between golf dates, that is)
Yep! Just like a good Single Malt Scotch, you might call me "an acquired taste" TOO.(among the many OTHER things you may care to call me, of course)
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 Re: Billy Lane charged in death of rider
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Joined: Jan 2005
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Worn Saddle
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OP
Worn Saddle
Joined: Jan 2005
Posts: 6,308 Likes: 4 |
Come on Dwight, be fair now. We all know OJ is searching very hard at every golf course in the northern and southern hemisphere for the real killers. He does thorough searches of the clubhouses as well.
A word to the wise is not necessary. It is the stupid ones who need the advice.
Pat
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 Re: Billy Lane charged in death of rider
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Joined: Jul 2006
Posts: 4
Complete Newb
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Complete Newb
Joined: Jul 2006
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Watch him get off with just doing community service or some BS like that. He was reckless & it resulted in a persons death. He should be kiss that families a** instead of hidding behind four lawyers!!! 
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 Re: Billy Lane charged in death of rider
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Joined: Feb 2005
Posts: 20,096 Likes: 2
Fe Butt
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Fe Butt
Joined: Feb 2005
Posts: 20,096 Likes: 2 |
Yeah, Pat....you're right!(I wanna be "fair" here)  I hear O.J.'s floating his latest theory to The Press that Phil Mickelson was seen skulking about Bundy Ave that infamous night! AND...according to CNN and Fox "News", Mr.Lane's battery of attorneys have just begun their "Plan-B" strategy, and in a press conference is now saying it was Tiger Woods behind the wheel last month...NOT their client!!!  Cheers, Dwight
Yep! Just like a good Single Malt Scotch, you might call me "an acquired taste" TOO.(among the many OTHER things you may care to call me, of course)
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 Re: Billy Lane charged in death of rider
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Joined: Jan 2005
Posts: 3,954
Loquacious
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Loquacious
Joined: Jan 2005
Posts: 3,954 |
Have heard from my new boss that the OCC crowd is in some hot water too. They've got a couple wrongful death lawsuits on them right now because of failed welds in their forks. One guy had his forks collapse while he was doing about 60 down the interstate and was speared through the chest.
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 Re: Billy Lane charged in death of rider
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Joined: Jan 2005
Posts: 2,968 Likes: 1
Loquacious
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Loquacious
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Posts: 2,968 Likes: 1 |
After he gets out of jail I hope the judge makes him drive a moped for the rest of his life. He'll be making custom mopeds before long.
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 Re: Billy Lane charged in death of rider
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Joined: Feb 2005
Posts: 20,096 Likes: 2
Fe Butt
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Fe Butt
Joined: Feb 2005
Posts: 20,096 Likes: 2 |
Quote:
Have heard from my new boss that the OCC crowd is in some hot water too. They've got a couple wrongful death lawsuits on them right now because of failed welds in their forks. One guy had his forks collapse while he was doing about 60 down the interstate and was speared through the chest.
Naw! You've got your news items ALL SCREWED UP, there Greg!!!
It was a STINGRAY that speared that guy through the chest!
And Vinny never welded a friggin' CORVETTE in his life!(at least that's what HIS lawyers are now sayin')
Dwight (Man, I'm tellin' ya...I sure wish you people would get your facts straight around here!!!) 
Yep! Just like a good Single Malt Scotch, you might call me "an acquired taste" TOO.(among the many OTHER things you may care to call me, of course)
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 Re: Billy Lane charged in death of rider
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Joined: Mar 2005
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Adjunct
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Adjunct
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Posts: 113 |
I'm in agreement with birchr!!!
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 Re: Billy Lane charged in death of rider
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Joined: Jan 2005
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Adjunct
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Adjunct
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Additionally, chain of custody issues wil be examined, as well as the current certification of the lab equipment and equipment operators. It sounds as though, even this was given "rush" status for testing, someone is coordinating things to insure compliance.
For as many mutton-heads as I've done investigations on behalf of, I don't like "winning" (prevailing is probably the better term, of a finding of "not proven" is best) because someone else wasn't doing their job right.
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 Re: Billy Lane charged in death of rider
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Joined: Jul 2006
Posts: 879
3/4 Throttle
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3/4 Throttle
Joined: Jul 2006
Posts: 879 |
Quote:
Have heard from my new boss that the OCC crowd is in some hot water too. They've got a couple wrongful death lawsuits on them right now because of failed welds in their forks. One guy had his forks collapse while he was doing about 60 down the interstate and was speared through the chest.
Them Tuttle clowns don't manufacture choppers - they ASSEMBLE them ! Buy the parts, tell the paint man what colours to use, tell the wheel man what sort of wheels they like and then assemble the finished bits.
Now if they said the exhaust fell off due to a faulty weld I'd believe it - it's the only part they manufacture.
The quote from Snr made me gasp when he said "you don't need a front brake on it - I never use mine !"
If you do it today you MIGHT regret it. If you CAN'T do it tomorrow you WILL regret it.
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 Re: Billy Lane charged in death of rider
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Joined: Jan 2006
Posts: 7,694 Likes: 22
Monkey Butt
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Monkey Butt
Joined: Jan 2006
Posts: 7,694 Likes: 22 |
My prediction is he will do a year to a few years on a plea bargain. There is no way he will do a trial with a suspended license, DWI, and a fatality. The risk is way to high so his attorney will urge him to plea it out.
I try to aggravate one person a day. Today may be your day.
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 Re: Billy Lane charged in death of rider
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Joined: Aug 2006
Posts: 290
Adjunct
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Adjunct
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I can't believe that yet another person who has taken the time and effort to rise to the top of their chosen profession has allowed alcohol and poor judgement to destroy their lives and the lives of innocents who simply crossed their path. It is really a shame. He needs to receive some truly harsh punishment (i.e. long jail time) to give him a chance to sort his life out. He'll probably skate with minor punishment because of his money and connections.
Randy:
'05 TBA Green/silver AI out
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 Re: Billy Lane charged in death of rider
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Joined: Jan 2005
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Check Pants
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Check Pants
Joined: Jan 2005
Posts: 5,537 |
Quote:
he'll be convicted; it's hard to get off on dui charges these days-- let alone moter vehicle homicide.
cat
Well, unless you are an elected politician, not your run-of-the-mill celebrity drunk.
Al
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 Re: Billy Lane charged in death of rider
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Joined: Jun 2006
Posts: 1,026
Learned Hand
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Learned Hand
Joined: Jun 2006
Posts: 1,026 |
Too bad its considered manslaughter in Florida. In Iowa and Illinois, and some other states, if you drink and drive and kill someone, its homicide.
Our Liberties We Prize and Our Rights We Will Maintain
If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and will never be.----Thomas Jefferson
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 Re: Billy Lane charged in death of rider
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Joined: Feb 2006
Posts: 3,099
Loquacious
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Loquacious
Joined: Feb 2006
Posts: 3,099 |
Sounds more like murder to me.
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 Re: Billy Lane charged in death of rider
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Joined: Jan 2005
Posts: 6,821
Bar Shake
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Bar Shake
Joined: Jan 2005
Posts: 6,821 |
Well, after the criminal courts get done with him, it's time for the civil action to begin. Fortunately, people without big money can still hire tough attorneys who work on contingency. Oh geez, now I've done it...........sorry 
Contra todo mal, mezcal; contra todo bien, tambiƩn
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 Re: Billy Lane charged in death of rider
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Joined: Aug 2006
Posts: 2,555
Loquacious
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Loquacious
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Its just too bad that this did not happen in one of those countrys that drag drunk drivers out of the vehicle and shoot them.
The percentage you're paying is too high-priced
While you're living beyond all your means
And the man in the suit has just bought a new car
From the profit he's made on your dreams
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 Re: Billy Lane charged in death of rider
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Joined: Jan 2005
Posts: 2,201 Likes: 1
Oil Expert
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Oil Expert
Joined: Jan 2005
Posts: 2,201 Likes: 1 |
Quote:
Well, after the criminal courts get done with him, it's time for the civil action to begin.
Trouble is, by the time it gets to civil proceedings, his wife/girlfriend will own everything and he will just be an "employee"!
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 Re: Billy Lane charged in death of rider
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Joined: Jan 2005
Posts: 1,204
Learned Hand
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Learned Hand
Joined: Jan 2005
Posts: 1,204 |
In Oklahoma if you hurt or kill someone while DUI the police can have your blood taken even if you don't give your consent. I believe that it is the same in FL......Angelis
1200CC BIG BORE, W/WISECO PISTONS,.250 STROKED CRANK, PORTED/POLISHED HEADS AND LARGER VALVES, CUSTOM WELDED EXHUAST, DUAL 42MM MIKUNI CARBS.
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 Re: Billy Lane charged in death of rider
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Joined: Jan 2005
Posts: 11,126 Likes: 13
Should be Riding
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Should be Riding
Joined: Jan 2005
Posts: 11,126 Likes: 13 |
I steered my cage past his shop on Useless One yesterday, Tuesday. Had a new mahogany front door in the bed of my truck and was thinking, please billy, don't be all liquored up from coconut's and the nude dancer club and pull out in front of me...
Moron. Drinking all day, wasting money at the mamary gland bar and then gets behind the wheel of a truck. Suspended license. Last time I heard, driving on a suspended license is a felony. The next time I ride by his shop, I'll stop and see if he has any cheap used moped parts. Maybe not...
Blowing gravel off rural roads
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 Re: Billy Lane charged in death of rider
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Joined: Sep 2005
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Adjunct
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Adjunct
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My Antie was wiped out by a drunk driver about 8 years ago
he got 3 years in gaol and served 18 months
that'll teach him eh......
give them to the family to deal with is what i say
hmmm funny line to follow
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 Re: Billy Lane charged in death of rider
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Joined: Jan 2005
Posts: 2,201 Likes: 1
Oil Expert
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Oil Expert
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Quote:
give them to the family to deal with is what i say
I know what you mean - I trust that you have "paid him a visit" (or are planning to!!)
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 Re: Billy Lane charged in death of rider
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Joined: Jan 2005
Posts: 3,611 Likes: 1
Loquacious
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Loquacious
Joined: Jan 2005
Posts: 3,611 Likes: 1 |
How come it seems that when somebody gets killed by a drunk driver - its usually not their first offense? I think we need to hit first time offenders alot harder! Maybe they won't become multiple offenders. Maybe I'm over simplifying things?
Stewart
.......
"It's outside your field of expertise."
"Poppycock normally is."
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 Re: Billy Lane charged in death of rider
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Joined: Jan 2005
Posts: 12,877
Should be Riding
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Should be Riding
Joined: Jan 2005
Posts: 12,877 |
I hear ya. People just aren't scared enough by the consequences of their actions, and aren't even concious of half of those concequences, just the legal ones. "Doin time" is even glorified in music, movies, etc.
Benny
Black & Silver '02
Too many mods to list
Not enough miles ridden
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 Re: Billy Lane charged in death of rider
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Joined: Jan 2005
Posts: 6,821
Bar Shake
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Bar Shake
Joined: Jan 2005
Posts: 6,821 |
Quote:
How come it seems that when somebody gets killed by a drunk driver - its usually not their first offense? I think we need to hit first time offenders alot harder! Maybe they won't become multiple offenders. Maybe I'm over simplifying things?
Simple is good.
Contra todo mal, mezcal; contra todo bien, tambiƩn
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 Re: Billy Lane charged in death of rider
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Joined: Jul 2006
Posts: 879
3/4 Throttle
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3/4 Throttle
Joined: Jul 2006
Posts: 879 |
Just watched the Biker Build off between Indian Larry and Billy Lane - the last one before he died doing his saddle stunt.
If you do it today you MIGHT regret it. If you CAN'T do it tomorrow you WILL regret it.
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 Re: Billy Lane charged in death of rider
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Joined: Jan 2005
Posts: 294
Adjunct
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Adjunct
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Well, if he does get off he can still get the message. There are plenty of OTHER chopper builders out there. If he gets off everyone should just boycott buying his bikes. I think then he might get the message. Ride Safe EZ 
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