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No Charges for Cyclist’s Death, Drunk Driver is the Wife of the Police Sgt.

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No Charges for Cyclist’s Death, Drunk Driver is the Wife of the Police Sgt.

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Old 07-28-15, 11:40 AM
  #51  
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Originally Posted by KonAaron Snake
I was under the impression that if you blew over the limit and were in an accident, you were pretty much assumed guilty and that the cases were easy to prosecute in most states and in most cases.
"Blowing over the limit" is evidence only for being found guilty of DUI, and is not necessarily proof of fault for the collision, or guilt of potential charges/accusations related to the collision such as manslaughter, especially if other evidence indicates that it was the other party's negligence that caused the collision.

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Old 07-28-15, 11:43 AM
  #52  
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Originally Posted by I-Like-To-Bike
"Blowing over the limit" is evidence only of DUI, and is not necessarily proof of fault for the collision, or guilt of potential charges/accusations related to the collision such as manslaughter.
I get that, and it's a key difference. My impression was that once you blew over the limit, the other evidence was often constructed against you and there is an assumption of your fault by investigators.

That impression really only comes from conversations with a client that is mostly staffed by former police. It's an impression, not a statement of fact.
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Old 07-28-15, 12:12 PM
  #53  
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There is no assumption by the investigator as to fault (hopefully). The BAC over the limit gives the legal presumption of Intoxication. The investigators must still prove that the cause of the collision and the death were from the actions of the drunk.
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Old 07-28-15, 12:24 PM
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Originally Posted by Earl Grey
I think that PSA is better than nothing, but if you've only got thirty seconds in which to improve public safety, I'd allocate the whole 30 seconds to driving behavior (in case that sounds facetious, it isn't). The attempt at 'balance' is misguided, since it doesn't reflect who is actually at risk and from what.
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Old 07-30-15, 02:11 PM
  #55  
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I'd like to have a dollar for each time another bicyclist or pedestrian made an abrupt left turn or U-turn across my intended path as I approached them from behind.
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