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Delaware's current motorcycle laws: 4185. Riding on motorcycles. (a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than 1 person in which event a passenger may ride upon the permanent and regular seat if designed for 2 persons or upon another seat firmly attached to the rear or side of the operator and said motorcycle shall be equipped with passenger footrests. (b) Every person operating or riding on a motorcycle shall have in that person's possession a safety helmet approved by the Secretary of Safety and Homeland Security (hereinafter "Secretary") through the Office of Highway Safety and shall wear eye protection approved by the Secretary; provided, however, that every person up to 19 years of age operating or riding on a motorcycle shall wear a safety helmet and eye protection approved by the Secretary. (c) No portion of the handlebars on a motorcycle
may extend more than 15 inches above the level of the operator's regular
seat. The operator shall keep at least 1 hand on a handgrip of the
handlebars at all times when moving. |
Delaware Ghost
Stories- Blue Limestone Park - The back two quarries and especially
the tunnel leading to them are home to literally dozens of ghosts/ spirits.
The place is know for cult activity and violent deaths, and supposedly
during the 20s was the site of a railroad accident. |
03/02/2006;
DOVER -- Willis R. Miller, 27, of Dover, was sentenced Wednesday
to 10 years in prison for causing the death of 40-year-old Joseph D. August,
the victim of what prosecutors and a judge described as a road rage confrontation
with two motorcyclists near Hartly.
Miller, originally charged with second-degree murder, pleaded guilty Jan. 11 to a reduced charge of manslaughter -- acknowledging that he chased down the victim in his Chevrolet Suburban and hit his motorcycle from the rear on Aug. 14, 2005. He faced up to 25 years in prison, but Superior Court Resident Judge William L. Witham Jr., resisted a plea from a family member to impose the maximum term. "We feel strongly that, with his past record, he should get the maximum of 25 years," said the victim's sister, Maxine August of Bear, who spoke for about 25 relatives and friends gathered in a small courtroom for Miller's sentencing. "When he died, part of us died. I'm not the same person I was before he died," she said. Her brother's two children still are struggling to come to terms with his death, August said. In addition to imposing prison time, Witham ordered Miller to pay $6,000 into the state Victims Compensation Fund and imposed two years of probation. He also directed Miller, who has a wife and two children, to use the probation time for public speeches on the pitfalls of road rage and urged him to share his story with inmates who might be prone to drive with too much attitude. "It's just amazing to me how many people are maimed and crippled on our roads simply because we lose our tempers," Witham said. 'Abyss of substance abuse' In his remarks, Miller said he sheds tears every day over August's death. "If you want to come see me, if you want to yell at me," he said to August family members, "come do it if it eases your pain." As he prepared to impose sentence, Witham waved a presentencing report that encompassed almost 250 pages and, referring to it, said Miller, despite intermittent progress, had been unable to escape from "the abyss of substance abuse." Deputy Attorney General R. David Favata said Miller had been arrested 23 times and had been convicted of two violent felonies -- delivery of cocaine and trying to rob a liquor store with a tire iron to support a drug habit. "The state asks that you impose a sentence not for rehabilitation," Favata said, "but for punishment and the protection of society and the residents of Delaware." According to investigators, August and fellow motorcyclist Matthew W. Passwaters, 44, of Bear, were trying to turn left off Del. 44 east to Del. 11 north when Miller cut them off at the intersection and drove about 100 yards past them. Miller stopped his 1992 Suburban, and the two motorcyclists made U-turns and parked their cars behind Miller's vehicle. Victim's mother died same day August and Passwaters approached Miller and one of them damaged his passenger-side mirror in a dispute that also featured obscene finger gestures. They then rode north on Del. 11, and Miller, after driving about a mile west of the confrontation site on Del. 44, turned and pursued the two men at speeds of up to 80 miles an hour. Miller's vehicle eventually hit August's motorcycle from behind. "He went airborne and hit a tree," Favata said, "then he was crushed between the tree and his own motorcycle that he loved to ride so much." According to an autopsy, August, whose mother had died earlier the same day, died from fractures of the spine, sternum and ribs caused by blunt-force trauma. Investigators reported that Miller also sideswiped Passwaters' motorcycle, causing him to lose control and to break two fingers on his right hand. For all the remorse expressed now by Miller, Favata said, he never called for help for the two men. Instead, he left the scene, cut his hair and shaved his beard, ditched his license plate, had his mirror replaced and, at some point, drove to Maine, where the damaged mirror and his license plate were found in a wetland. Finally, Miller headed to Florida, but, heeding a cell phone call from state police detectives, returned and turned himself in. Miller and an unidentified companion reportedly had four beers and two mixed drinks each at a Dover bar before the confrontation with August and Passwaters. Miller's attorney, James E. Liguori, said his client had "substance," but failed to see the wisdom in just riding away from the confrontation. Witham said Miller would have to pay for that lack of good judgment. "It's something that could have easily been avoided," the judge said, "but we make conscious decisions in our lives and sometimes you have to pay for them." story here James Merriweather at 678-4273 or merriweather@delawareonline.com |
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