![]() ![]() It’s important to note, intent is not necessarily the end-all, beat-all factor. ![]() They evoke anger and as such, a lot of media attention. It’s better not to give a statement or speak with the media.Īccidents, injuries, and fatalities associated with a child getting hit or killed when getting on or off a school bus are highly charged, emotional legal matters. The pattern jury instructions actually allow for any of the stated conditions to possibly be found as “serious bodily injury” by the jury and are therefore intended to guide the finder of fact in its decision-making process. The bullet-points above are not intended to mean “all the above,” meaning each much be proven by the State. Protracted/Permanent loss of or impairment of an organ or bodily member orĬlearly, the statute can be broadly interpreted, where serious disfigurement might include mean scarring, loss of limb, loss of use of a limb (arm or leg), or even long-term loss of an organ.Extreme Pain that is permanent OR a protracted condition of the injury or.Permanent Disfigurement that is Serious or.The jury instructions define serious bodily injury as: The is broadly written, intended to capture different fact-patterns and on-scene scenarios. Serious bodily injury can mean different things to different people. The State must prove, each and every element of the crime, Beyond a Reasonable Doubt. Like all criminal charges, the specifics of the offense is legally defined under the Pattern Jury Instructions. Under the NC criminal laws, the Finder of Fact is charged with the duty to determine whether injuries sustained in a wreck (car accident, bus accident, pedestrian accident, etc.) are “serious.” Before the Bus Lights, Mechanical Sign/Stop Arm Turned Off or Withdrawn.Defendant’s Vehicle Passed, Attempted to Pass, and/or Moved.Approaching the Stopped School Bus on Same Street / PVA.Stopped to either Pick Up or Drop Off Passengers.Displaying / Activated Flashing Red Lights, Stop Arm/Mechanical Sign.Operation of a School Bus on PVA (Public Vehicular Area).Public Street or Highway, Vehicular Area, Roadway – PVA.Felony Class H - Passing a Stopped School Bus – Causing Death – PJI 270.76A.Felony Class I - Passing a Stopped School Bus – Striking a Person / Causing Serious Bodily Injury – NC Pattern Jury Instruction (PJI) 270.76.There are several different iterations of Passing a Stopped School Bus, including but not limited to: You should too!ĭefense lawyers refer to the elements of the crime as those things necessary to prove guilt. Judges and juries take such charges seriously. The laws regarding a school bus pass violation in North Carolina are complicated and frankly, increasingly serious. Everything you tell us is strictly confidential and we don’t charge consultation fees for criminal matters. If you call our law office, we think you’ll quickly discover the value of an attorney by your side in court. You shouldn’t assume you’re entitled to a dismissal of charges, even with a clean record.” “Prosecutors carefully review school bus charges. If you hit a child or someone was killed, exercise your 5 th Amendment Right to Remain Silent. There can be serious consequences if you’re convicted of passing a stopped school bus or even a bus transporting senior citizens. With this type of charge, we think that would be a mistake. That means you speak for yourself in court. Criminal lawyers refer to that as pro se representation. Under the NC criminal laws, you can always serve as your own attorney. ![]() It’s important you fully understand the law, the best-case and worst-case scenarios, and your legal options, if any. Given the substantial likelihood for injuries and/or death, you may also be subject to bigtime civil liability for damages, wrongful death claims, and catastrophic loss. ![]()
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |