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Old 21st November 2012, 12:50 PM   #36
The Fallen Serpent
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Originally Posted by Charlie Wilkes View Post
The guy in front of him stopped and was blocking him.

So that makes two drivers who should be prosecuted.

I think a consensus is emerging on JREF: Americans continue to make stupid mistakes because the punishments for doing so are not harsh enough.
The guy in front did not commit a crime. The guy who stopped on the tracks did. Yes, it is illegal to stop inside of a rail crossing in Texas (as well as most if not all other States in the US). The reason being of course the massive danger of being hit by a train. This information is readily available. It sometimes appears on the written exam for a driver's license, and can result in automatic failure in the driving portion if ignored. This is pointed out in the DMV manual, which is also required reading for a driver's license. The reasons are very clear and very often grilled. Even though anti-texting, motorcycle safety, and DUI warnings are the most regularly displayed reminders seen on Texas roadways I still occassionaly see railway safety warnings. Not surprisingly, I saw a few more than normal recently. I find it quite reasonable that a Texas driver should never stop on a railway crossing, and be held criminally responsible when they do in direct contradiction to the law especially when endagnering the lives of many others.

I do not think a custodial sentence would be a good service here either, but definitely loss of license and the usual non-imprisonment consequences a criminal violation comes with. Does the driver likely feel guilty and remorseful? I would expect so. Is that enough? I do not feel so.
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