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Man Sentenced In Connection With 2009 Traffic Fatality Near Jay
October 14, 2010
A Santa Rosa County man has been sentenced in connection with a 2009 traffic crash near Jay that left that a Milton man dead and injured a Century man.
Woodrow Faulkner, 40, of Milton was ordered to pay a fine of $1,000 and his driver’s license was suspended for six months after he was charged with passing while meeting oncoming traffic.
Faulkner was involved in an accident in October, 2009, that killed Richard D. Foster, 43, of Milton. The accident happened about 10:15 a.m. on State Road 4 and County Road 164, just east of Jay.
Foster was driving east on Highway 4, headed up a hill, in his 1999 GMC pickup. At the top of the hill, he met a red 1998 Chevrolet pickup truck driven by Faulkner as he passed a SUV and a tractor-trailer in a no-passing zone, according to the Florida Highway Patrol. All of the drivers involved tried to avoid a crash — Foster and the tractor-trailer rig headed off the highway and collided. Foster’s pickup burst into flames.
The tractor-trailer driver, August Pace, 62, of Century, received just minor injuries in the crash.
Pictured: The driver of this white pickup, Richard D. Foster, 43, was killed in a collision with this 18-wheeler driven by a Century man in October 2009 about five miles east of Jay. File photo courtesy WEAR TV 3 for NorthEscambia.com, click to enlarge.
Comments
17 Responses to “Man Sentenced In Connection With 2009 Traffic Fatality Near Jay”
There are a lot of options that can be done. Take him to civil court. Look at the oj simpson case.
Mickey Powell
Flomaton
This sentence is not justice. I don’t understand how the system works anymore. My parents, my brother, and I were in an accident in March of 2009. We were hit head on by someone that was high. He cam across the turn lane and into our lane. It was completely his fault. This man also killed an elderly couple in 2007 for swerving and then continuing to drive in their lane. He hit them head on and they both died. While no one on our accident died, my mother sustained injuries that will be with her forever. Very severe injuries. He shook up our lives, however, we are still very blessed! When this man hit us, his drivers license was suspended. He has still, to this day, gone unpunished. Sometimes I think about it and it makes me mad. Other times, it just upsets me. However, justice will be served one day. Whether it is here on earth or not is not my decision. I pray for all of the families involved in this particular accident. And for those that lost a loved one, I understand that justice was NOT properly served. You are in my prayers!! What goes around, comes around and maybe this man will one day see that he hurt a family and maybe just MAYBE he will feel remorse..unlike the guy that hit us..that is still driving around today.
More informed,
That is a shame that Florida’s laws are that way. Florida is the only state in the Southeastern U.S. that I know of who does not consider all traffic offenses a criminal offense. This is probably why law enforcement in Florida seem so restricted in thier ability to enforce the law. You did bring up a good point in that most people don’t realize that if they get stopped in Alabama, Georgia or Mississippi for speeding, failure to signal, etc. they can go to jail for it and must post bond to be released. When the officer releases you on your own recognizance, it is not because he has to.
Now having said all of that, is this man civially liable for this death….absolutely 100%. Plain and simple with exsisting Florida laws he did not commit a criminal act and cannot be punished as so. It is sad that individuals can drive around our highways and streets with careless abandon passing where they want, running lights, speeding, texting on phones and many other things with the worry that if they kill or maim they will only get a ticket. Just maybe if our traffic laws were more strict then our roads would be safer.
I never said anything about a civil matter. I said civil infraction, which is what “improper passing” is as are most of Floridas traffic laws. The term civil infraction applies to all moving and non-moving infractions of Florida taffic laws that are not “criminal”. Not all fFlorida traffic laws are criminal which means law inforcement officers cannot take you to jail, but they can only issue a civil infraction citation such as a speeding ticket. Florida decriminalized most of their traffic laws decades ago. Back in the day you could be arrested for speeding or running a red light but not anymore. Improper passing is not a criminal offense. Now examples of some Florida traffic laws that are criminal are: DUI, fleeing/attempting to elude police officer, driving without valid diriver’s license, driving with a suspended license with prior knowledge of suspension,reckless (not careless)driving, leaving the scene of an accident with injury, vehcilular homicide etc… Some of you are thinking this is a vehicluar homicide case and it is not. The state must be able to prove other contributing factors in a vehiclular homicide case other that the causation of the crash i.e. improper passing. Now throw in some other factors such as DUI, reckless ( speeding excessively and I mean really excessively, racing another vehcile etc) an you would have a criminal case. So Bobby I am not confused. The driver is not “criminally” liable becasue in the State of Florida’s eyes he did not commit a criminal offense, he committed a civil infraction of a non-criminal traffic law, improper passing F.S.S. 316.0875 a non-criminal traffic infraction, punishable as a moving violation only as provided in chapter 318 of Florida State Statutes. A police officer writing you a non-criminal citaion is not enforcing a civil matter he is enforcing Forida law, just not an “arrestable” law (offense).
It is a sad situation but Mr. Foster intentionally ran off of the roadway to avoid a head on collision with Faulkner. Although Faulker put Mr. Foster in the situation to make that decision…..Mr. Foster made a decision that ultimately took his life. Had Mr. Foster not ran off of the roadway and the two collided…the wreck would then have been Faulkner’s fault and he could have been criminally liable for the death.
This doesn’t mean that I agree with it………it is just the way that it is.
More Informed,
I agree with your statement but the article stated that he was “charged with passing while meeting oncoming traffic”. I agree that there is a large difference between Florida and most states. But it is my understanding that law enforcement officers can only bring criminal cases against someone. If a civil offense occurs it must be brought forward by a lawsuit filed by the victim. Police officer’s don’t enforce civil matters unless ordered to do so by a judge. I suspect that “passing while meeting oncoming traffic” in FL is a traffic offense which makes it criminal offense. I think that this is want you meant to say but it was a little confusing.
It sounds like he was convicted for the crime of “passing while meeting oncoming traffic” and it sounds like the judge probably imposed the maximum sentence allowed by law. I would now expect a “wrongful death” (civil offense) lawsuit will now be filed if it hasn’t already.
Reba,
I agree with you.
What a message to send, your Negligence can cause death and you only get a slap on the wrist. People should be held accountable for their actions and light sentences like this are Not the answer. Why do sober people get a free pass when they kill and a drunk gets 20yrs even if they weren’t the cause of the wreck?
The reason for the “light” punishment is that the there was zero evidence that there was a criminal infraction involved in this terrible accident. Yes, the man passing broke the law, but but the law he brake was a civil infraction not a criminal offense. Florida State statutes do not allow for imprisonment for civil infractions which is what improper passing falls under. The punishment impossed is the max for the offense, improper passing. Now if there had been other circumstances involved such as DUI, racing, reckless driving (all criminal offenses) etc.. then there would have been vehicular homicide charges imposed. As bad as it may seem this is no different than if the driver had simply ran a stop sign, ran red light, pulled out in front of someone or ran off the road and over corrected(careless driving) and caused the accident. Believe me in the FHP is extreemly thorough in their investigations and if there had been evidence to support vehiclular homicide charges then those charges would hve been made. There was no “fix” in, and the judge imposed what he was allowed by law. Was the man wrong, responsible, and careless…yes, but under current Florida law he received his punishment. Remember your elected officials set these laws not your judges and enforcement officers.
RE: Bobby
It said, “he passed a SUV and a tractor-trailer in a no-passing zone”, he should not have passed either way, the no passing zones are there for a reason.
Bobby,
I agree…..no one should pass for any reason in a no passing zone.
I am also shocked at this light sentence…..
I guess the fix was in as usual….
ANYONE KNOW WHO THIS JUDGE WAS?
I am not taking a stance on whether or not this man should be punished more or not….but I have a question.
Who would have a problem with a police officer writing you a ticket for passing a tractor in a no passing zone?
Keep in mind that tractors usually only travel about 15mph. I know it is wrong to pass them but I have a feeling that many of you would think that it is a ridiculous ticket. My opinion is that NO ticket is ridiculous. They are meant to save lives and when written in large numbers they do save lives.
Wow. Doing something you know is illegal, injuring someone, and taking an innocent life= $1,000 and 6 months of no driving. That’s our world today. He will have to live the rest of his life carrying that burden. That will be heavy enough but it still just doesn’t seem right. People that make stupid mistakes behind the wheel of a car that ends with injury or death need not ever be allowed to drive. Just my opinion. Everyone has one.
$1000 and 6 months with no Drivers licenses is all that a father’s, brother’s, husband’s, uncle’s, grandson’s, friend’s life is worth. This is totally insane. The man who beat his dog got more of a punishment than this. Keeping the Foster family in our thoughts and prayers. Mr. Foster’s two girls deserved better justice for the loss of their father.
Northescambia.com Tell us all the story. Will he forever as long as he live have to pay the family some amount of money, like he should. If not maybe his Lord will take care of him and the ones involved.
Mickey Powell
Flomaton
AND THAT IS ALL HE GOT !!!!!!!!!! WHAT DOES THIS SAY ABOUT THE JUSTICE SYSTEM ? MAYBE HE COULD USE A LITTLE ELECTRIC JOLT TO GET HIS MIND RIGHT !!!!!!!!!!!!!!!!!!!!!!!!!!