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Backing Out Is Breaking The Law

Burlington, Vermont - November 3, 2003

It's been a month since a motorist backed out of driveway on Spring Street in Burlington and killed 22-month-old Cierra Parent.

Investigators say the little girl ran into a blind spot behind the car driven by 25-year-old Sidney Messick.

Police say it does not appear Messick was negligent or criminally responsible for the little girl's death even though his license was under suspension.

Nevertheless, the police report has been sent to the county prosecutor to determine whether Messick will face any charges.

"There could be various charges civil to criminal charges with anything from driving with a suspended license to careless and negligent operation with death resulting," says Det. Steve Dumas of the Burlington Police Department.

One of the potential penalties is a little known law that prohibits backing up onto highways and most roads even from your own driveway. Violators of the so-called "limitations in backing law" can get a 194-dollar ticket. But police say they only write those tickets to reckless drivers.

"Specifically if an accident results whether property damage or a motor vehicle, that it is your responsibility to ensure that the vehicle is backed out safely onto the public highwa.If you just back out and you're going to work I don't think you'll be bothered. However, if something does happen again the it is the responsibility of the operator," says Dumas.

But in the case of Sidney Messick -- there is no clear evidence he was driving recklessly -- so he is unlikely to get a ticket for illegal backing.

Brian Joyce -- Channel 3 News