[Grovenet] Why is an automobile not considered a "deadly weapon" when it is used in a reckless manner?

David Morelli jo.david at verizon.net
Mon Aug 13 23:57:34 PDT 2007


Perhaps one of the legal types can explain why an automobile is  
seldom classified as a deadly weapon?

How is it, that a person who walks into a crowd wildly swinging a  
double bladed axe would be charged with a weapons crime, yet someone  
who wildly drives a motor vehicle is not charged with a weapons crime?

Tonight I was talking with close friends who ride bicycles on the  
public roads and they described their close misses with drivers who  
appear to intentionally threaten their safety.  i.e. drivers who come  
up close behind, almost striking the rear wheel, peal left and then  
"gun and go" missing the bicyclist by inches as they make gestures  
toward the bicyclist.

Why isn't that considered assault with a deadly weapon when they  
miss, and something much stronger when they strike the bicyclist.

The same questions apply to vehicles that attempt to intimidate  
pedestrians, or actually strike them.

According to the FBI rifles are the weapon of choice in about 380-490  
homicide deaths per year.  Shotguns are the weapon of choice in  
450-500 homicide deaths per year.

No one really questions that rifles and shotguns are "deadly weapons"

In the same report the FBI indicated that knifes and cutting weapons  
were used in 1.7-1.8k homicide deaths per year.  Even though knives  
and double bladed axes are "tools", when they are abused they qualify  
as "deadly weapons".

More bicyclists die from motor vehicles every year (600-800) than  
people die from rifle homicide (380-490).

More pedestrians die from motor vehicles every year (5500-6500) than  
people die from rifle (380-490), shotgun (450-500) and knife  
(1.7-1.8k) homicides combined.

We don't need special laws to address hazardous drivers.  We do need  
to address their choice of weapon.

I don't understand, how is an object that causes 42-43 thousand  
traumatic deaths every year not described as a "deadly weapon" when  
people die from abuse of that tool? 
  


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