*** 10/25/09 Update – The Judge has rejected this motion. I guess you cannot blame someone for trying to get out of jail right?

Imprisoned celebrity motorcycle builder Billy Lane wants a judge to give his fatal crash victim’s family another chance to say what kind of punishment he should receive, in hopes of getting his six-year prison sentence reduced.

Lane, 39, was sentenced in August to six years in prison after pleading no contest to one count of vehicular homicide for crashing his pickup truck head-on into 56-year-old Gerald Morelock’s motorcycle while speeding past slow traffic in a no-pass zone on Sept. 4, 2006.

During sentencing, the victim’s brother and nephew declined to recommend a punishment, but asked the judge to impose a sentence that would use Lane’s celebrity status to help save the lives of young people through a foundation they plan to create in Morelock’s name.

However, Lane’s attorneys recently filed a motion claiming the men have since expressed that intense media and public scrutiny caused them to be “vague” about their feelings on a prison sentence for Lane.

“They were sufficiently overwhelmed by the experience that they did not fully express their feeling that Mr. Lane would better be able to benefit society if he were not incarcerated,” the defense motion says.

The attorneys want Circuit Judge Robert Burger to give the Morelocks another chance to be heard and to reduce Lane’s sentence if he sees fit.

No hearing on the motion has been set.

I must admit, this is one of the most bizzare defense motions I have ever heard. If it is granted I will be shocked.

California Motorcycle Accident Attorney and Biker Lawyer

The post Billy Lane files a Motion to Reduce His Jail Sentence. first appeared on Biker and Motorcycle Accident Lawyer Blog.

You can read many of the articles I have written on the Billy Lane case below or by typing in Billy Lane in the search box on the sidebar to the right.

Billy Lane is a custom motorcycle builder who got famous on reality TV shows like Biker Build off on the Discovery Channel in the early 2000’s. He then went on to make regular appearances on the motorcycle event circuit at events such as, Sturgis, Daytona, etc.

Billy Lane got rich and famous as a biker off of bikers. Then Billy Lane did something really stupid; he got shit faced drunk. Then, while his blood alcohol level was twice the legal limit he decided to jump into a free SUV given to him to drive as a promotional item by Dodge, along with a lady who rode in the passenger seat, and proceeded to drive.

While driving intoxicated, he decided to cross a double yellow line and hit a biker named Gerry Morelock head on killing Gerry Morelock. Although Gerry Morelock himself had been drinking, he was in no way responsible for the accident or his death. His only mistake that day was being in the wrong place at the wrong time.

As a biker, I empathize with Gerry Morelock, because it could have been me; it could have been any biker on the road that day. When you have an asshole like Billy Lane crossing a double yellow and plowing into you head on it really does not matter who you are, you are dead. Gerry Morelock is dead. He is dead because Billy Lane decided to get drunk and drive.

I have heard commenter’s on my Biker Law Blog make the argument that we should not talk shit about Billy Lane because we have all drank alcohol and driven, so who are we to throw stones? I say bullshit. How many of us have got drunk then crossed a double yellow line and smashed into a fellow biker head on, killing him?

Billy Lane and Dodge reached settlements of civil cases brought by the family of Gerry Morelock well before Billy Lane’s criminal case was resolved.

So Billy Lane was sentenced to 6 years in the pokie, (prison) by a Vera, Florida Court. He was also placed on three years of probation following his incarceration, and the loss of his driver’s license for life. For basically murdering a man, he got off real light.

May Gerry Morelock rest in peace.

By California Motorcycle Accident Lawyer and Biker Attorney Norman Gregory Fernandez, Esq., © 2009

The post Billy Lane Gets Six Years in Prison for Vehicular Manslaughter – A Follow Up. first appeared on Biker and Motorcycle Accident Lawyer Blog.

My friend Mike Odom, a fellow biker, has been keeping a close watch on the Billy Lane Case on his Blog which you can find by clicking here.

You can find some of his recent articles on the case by clicking here.

It appears that Billy Lane has hired two criminal defense lawyers to represent him in his drunk driving manslaughter case.

Some members of my blog and others visitors have asked me to comment on the fact that Billy Lane has hired two criminal defense attorneys, and whether it is allowed.

In California and in Federal Court where I am licensed to practice law, it is not uncommon for there to be two or more attorneys of record. I myself have associated in Counsel (a 2nd lawyer) in cases that I have done.

It is much easier to put on a case when you have other lawyers helping, especially at trial. The lead lawyer in a case is usually called the 1st seater, and co-counsel is usually called the 2nd seater. Two eyes and ears are in most cases better than one in complex cases.

You may remember the O.J. Simpson criminal murder case that was conducted in Los Angeles Superior Court Central. (The Stanley Mosk Justice Center) O.J. Simpson had no less than 10 lawyers on his team and he was found not guilty in the criminal case.

Everyone must always remember one thing; the United States Constitution presumes that all men or women charged of a criminal offense; are innocent until proven guilty in a Court of competent jurisdiction by a jury of their peers. Our system of justice may not be perfect, but it is the best in the world.

It is thought that it is better to let 12 guilty men go free than to convict one innocent man. That is the way our justice system works. Our forefathers came from countries that used various methods of torture to get people accused of a crime to confess to their crimes. Most people confess to anything under torture. Our founding fathers created a more fair system of justice!

The subject of this article is Billy Lane and his case; not our system of justice and its benefits or faults. This is the subject for a future article.

Getting back to the Billy Lane case; it is easy to convict the man by media reports and other out of Court evidence. However, it must be remembered that he is innocent until proven guilty in a Court of Law. It’s as simple as that. The prosecution must prove beyond a reasonable doubt, that he is guilty.

If the facts about the Billy Lane case are accurate as reported, and a Jury does convict him of killing Gerry Morelock, then I say “fry his ass.” My attitude is “Kill a Biker; Go to Jail.” We will have to wait and see.

The fact that Billy Lane has hired two lawyers does not surprise me at all. In our country if you have the money you can retain as many lawyers as you want to represent you. The Judge in the case could limit only one lawyer from presenting the case in front of the jury, or allow both lawyers to present Lane’s case. I do not presume to know Florida law; I am a California lawyer.

Billy Lane is entitled to defend himself. The U.S. Constitution guarantees it.

Therefore, I want to caution everyone; we will not know all of the facts until the case goes to trial. At that time, justice will be done one way or another. You cannot find a man guilty based upon media reports alone, because the media does not tell you everything.

There have been many innocent men whose lives were ruined by being convicted in the media Court and not a Court of Law. Do you remember that guy who was named as the suspected Olympic Bomber by the F.B.I., and had his life ruined, only to get a formal apology years later? His life is still ruined.

I will admit the facts in the Billy Lane case disturb me very much. However, I would not be much of a lawyer if I were to make a judgment about his guilt or innocence until after he is tried in a Court of Law.

By Norman Gregory Fernandez, Esq. © 2007

The post Update in the Billy Lane Drunk Driving Manslaughter Case. first appeared on Biker and Motorcycle Accident Lawyer Blog.

Mike Odom went to great lengths and a 3 hour ride to get a copy of the Dodge Answer to the Morelock Family Negligent Entrustment Case, related to the Billy Lane case.

You can see the full answer posted here on Mike Odom’s Blog.

I cannot comment on Florida law because I am not licensed to practice law in Florida, (I am licensed in California and before the United States Court Central District (Federal Court) but I can say this about the answer; I would expect the exact same kind of Answer to be filed in California!

In California, you are allowed to do a general denial to an unverified complaint. (Unverified means a complaint that is not signed under penalty of perjury). So if this was a California answer it would just be a general denial.

With respect to affirmative defenses; the general rule for all lawyers defending a case it to assert every and all potential affirmative defenses in your answer, because if you don’t you could lose them.

Basically what I am getting at is that the Answer that you see filed by Dodge in its present form looks like a standard answer that any competent lawyer would file on behalf of their client. With respect to litigation; after discovery is conducted it could very well be that the decedent’s (Morelock) family could do a motion for summary judgment or for a judgment on the pleadings with respect to certain or all of the affirmative defenses.

We will see how it all pans out. There very well could be a settlement of the case before or during trial.

I would expect Dodge to cross-complain against Billy Lane for equitable indemnity, (reimbursement) in this case. In California they would have to file a cross-complaint at the time their answer is filed. I do not know for sure if Dodge cross-complained against Billy Lane or not. Maybe Mike or others could chime in on this issue in the comments section.

I handle these types of cases in my own practice. This case could take up to two years or more to get through the legal system. We will see.

By Norman Gregory Fernandez, Esq. © 2006

The post The Dodge Answer to the Morelock Family Lawsuit in the Billy Lane Case! first appeared on Biker and Motorcycle Accident Lawyer Blog.

Many of you probably already know that Custom Motorcycle Builder Billy Lane was involved in a motorcycle accident which claimed the life of Gerry V. Morelock, a 56 year old man who was just out riding his “Street Legal” Yamaha Scooter. It has been alleged that Billy Lane, while driving his custom-painted black Dodge Ram pickup on a suspended license, crossed over a double yellow line and slammmed head-on into Morelock who was just out for a ride, killing him instantly.

After toxicology reports came back showing the Billy Lane had a B.A.C. (blood alocohol content) of 0.192, more than twice the legal limit in Florida, Billy Lane was arrested and accused of drunk driving manslaughter in the death of the other biker. If convicted Billy Lane faces 15 years in prison.

You may wonder why I titled this editorial “Billy Lane, a Tragedy,” and not “Gerry V. Morelock” a tragedy.” The reason I titiled the editorial the way I did is because no one knows who Gerry V. Morelock is, whereas most bikers know who Billy Lane is.

By all accounts Gerry V. Morelock was a great guy, with a great family, and was just out for a ride on his Yamaha Scooter. He did not deserve to die the way he did. His death is a tragedy.

As a lawyer, I am not going to write an editorial about Billy Lane’s guilt. He is innocent until proven guilty in a Court of Law. If he is found guilty then all bet’s are off.

The irony of this story is that one biker killed another biker. I have read in places that Gerry V. Morelock was only riding a Street Legal Scooter, so that does not qualify him as a Biker; WRONG. He was riding on two wheels just like the rest of us. He did not deserve to die that day, he did nothing wrong. Gerry V. Morelock is and was a Biker and deserves the respect and sympathy of the rest of the Biker Community.

Billy Lane was a cager the day he caused the death of Gerry V. Morelock. He was a cager who is accused of drunk driving manslaughter, but also driving with a suspended license and other crimes.

We will have to wait for the Court System to pass judgment on Billy Lane. We all know how the biker community will treat Billy Lane, even if he is not found guilty. We do not like people who kill our own, even if he is one of our own.

So what is the editorial really about? It is about, Gerry V. Morelock, a Tragedy. He was a good and decent man, who was cut down due to no fault of his own, by a negligent cager who also happened to be a biker. He did not even have a chance.

The next time one of you wants to get drunk and put the keys into your car or motorcycle remember one thing; is your life really worth it? Is the life of another really worth it? Would not it be better to take a cab, get a ride from a friend, or even sleeping it off on the sidewalk be better than potentially killing another, and losing your own life and career over it?

Being a Biker Lawyer I get regular reports of Motorcycle Accidents and Motorcycle related injuires and deaths from all over the country. If just makes me sick to my stomach. Most people do not realize the carnage that is occuring to Bikers and Motorcyclist from all over country on a daily basis. It is not pretty. If you are a biker or a non biker; the next time you are riding in your cage, why don’t you take a couple of seconds and remember, the guy or gal on that motorcycle is a human being just like you.

Go in peace Gerry V. Morelock, and may god rest your soul. We in the biker community remember you. Although you were riding a Yamaha Scooter, you were a true biker!

By Norman Gregory Fernandez, Esq. , Copyright 2006

The post Billy Lane, a Tragedy. first appeared on Biker and Motorcycle Accident Lawyer Blog.