Apr 06, 2013 at 12:52 AMThe foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall these provisions protect the driver from the consequences of his reckless disregard for the safety of others. In interpreting W. Va. Code § 17C-2-5, the West Virginia Supreme Court adopted the following factors to consider in analyzing whether the pursing officer’s conduct was negligent, wanton, or reckless (“The Peak Criteria”): seriousness of the law violation, whether the suspect escaped during a previous pursuit, whether weapons, drugs, stolen property, or kidnap victims could be present, whether the pursued vehicle is stolen, whether the officer is familiar with the road and its attributes, the weather conditions and visibility, the officer’s degree of caution in relation to the speed of the pursuit, whether pedestrians are present, the amount of traffic, the length of the pursuit, whether the officer “forced the pursuit” by attempting to overtake the suspect or force the suspect off the road, whether the officer fired a weapon and caused the suspect to panic. Specifically, the Peak Court reasoned:
Wait? Please correct me if Im wrong , But does anyone see anything wrong with this picture? Police are allowed to put many lifes on the line for 10.00 dollars worth of product from Wal-Mart???? Mr Davis was on a Bike? And the police reported that he hit a PARKED POLICE CAR? Are you kidding me. Im sorry but when will the Upsher CO. Police Department Ever going to held accountable for there acts and the many laws they break???? Someone could have lost there life's for something that small? Stop and look at the Murders, and missing people???? PEOPLE YOU HAVE RIGHTS! AND THIS STORY IS MADE THIS GUY TO BE A MONSTER... WHAT HE DID IS WRONG, BUT HE WAS HIT BY A CAR.. HOPEFULLY THE PEOPLE THAT SAW THAT CAR MOVING WHEN IT HIT HIM SHOULD STEP UP AND SAY WHAT THEY SAW... Its easy look up the family! this is crazy?