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  1. #1
    Senior Member hotbike's Avatar
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    Man Arrested for Christmas Eve Bicycle Death

    Only took three and a half weeks to decide to arrest the driver:

    RICHLAND, Miss.: Man arrested for Christmas Eve bicycle death | State | The Sun Herald
    http://www.flickr.com/photos/11629987@N02/sets/72157639939606343/

  2. #2
    Senior Member howsteepisit's Avatar
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    Of course you would prefer to simply arrest some guy without the necessary information on what crimes they are guilty of. The results of the blood test came back this week.

    Honestly, the most authoritarian of the far right nutters got nothing on some of the bike advocates who post here.
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  3. #3
    Been Around Awhile I-Like-To-Bike's Avatar
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    Quote Originally Posted by howsteepisit View Post
    Of course you would prefer to simply arrest some guy without the necessary information on what crimes they are guilty of. The results of the blood test came back this week.

    Honestly, the most authoritarian of the far right nutters got nothing on some of the bike advocates who post here.
    Self described bike advocates might be a more accurate term; an even more accurate description of the A&S characters who repeatedly post the emotional dross can not be posted without the oh-so-polite white hat posters getting on their high horse.

  4. #4
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    It seems "advocacy" has become like politics, its not about representing everyone and their mutual needs, its about trying to force a narrow range of ideologies on everyone else.

  5. #5
    24-Speed Machine Chris516's Avatar
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    3.5wks.

    Come on!!! They would have been searching big time and fast. If the man had been driving and killed in a hit-n-run.

  6. #6
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    It says that a search warrant was used to obtain the blood samples. I'm guessing but that probably means that the driver did not submit to a blood alcohol test. Test would have required analysis for any potential modifiers, such as drugs (legal or otherwise) in the blood at the time of testing. Obtaining that information may have required a deposition. Legal counsel might be obtained but the defendant would have been given time to obtain a lawyer.

    The list goes on...
    If you have to force it... you probably shouldn't.

  7. #7
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    Quote Originally Posted by cale View Post
    It says that a search warrant was used to obtain the blood samples. I'm guessing but that probably means that the driver did not submit to a blood alcohol test. Test would have required analysis for any potential modifiers, such as drugs (legal or otherwise) in the blood at the time of testing. Obtaining that information may have required a deposition. Legal counsel might be obtained but the defendant would have been given time to obtain a lawyer.

    The list goes on...
    On nights with a high likelihood of drunk drivers being out in force, like X-mas eve, our local cops often arrange for a judge to be on call to issue search warrants in the event that a suspected drunk driver refuses to take a breathalyzer test. The warrant to take a blood sample is pretty automatic and the suspect isn't able to delay the sample-taking, for obvious reasons.

    And, seriously, three and a half weeks to analyze a simple blood sample? Is MS so backwards they don't have basic analytical labs so they have to mail the samples out of state or something? These tests take less than an hour to complete once the sample gets into the tech's hands.

  8. #8
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    Fatality investigations frequently take an extended amount of time before the final charges are made. One thing to investigate is whether the individuals had any prior relationship which may have led to the incident being deliberate (i.e. 1st degree murder) rather than an unintentional vehicular homicide.

  9. #9
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    Quote Originally Posted by prathmann View Post
    Fatality investigations frequently take an extended amount of time before the final charges are made. One thing to investigate is whether the individuals had any prior relationship which may have led to the incident being deliberate (i.e. 1st degree murder) rather than an unintentional vehicular homicide.
    +1.

    Once the police know who their suspect is, and have some degree of confidence that he's not going to slip away during the night, there's no urgency for the arrest. They can quietly build the case, and present it to a grand jury. This is a likely scenario if there are variables, such as a borderline breathalizer test that might get tossed based on accuracy, or if the victim didn't die immediately, and the prosecutor waited to decide on the charges.

    Folks who are bothered by the delay need to decide if they prefer fast arrests and equally fast acquittals based on a sloppy case, or slow arrests, with solid cases likely to result in convictions.
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  10. #10
    24-Speed Machine Chris516's Avatar
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    Quote Originally Posted by prathmann View Post
    Fatality investigations frequently take an extended amount of time before the final charges are made. One thing to investigate is whether the individuals had any prior relationship which may have led to the incident being deliberate (i.e. 1st degree murder) rather than an unintentional vehicular homicide.
    While that is true. Her blowing a .22 BAC premeditated or not. Should have been enough to arrest her until she would have made bond. Which is almost three times the legal drinking limit in Maryland(.08).

    If this had happened where it was:

    1. Male driver
    2. BAC ^.08
    3. Hit-n-run w/ to motorized vehicles'
    4. Not a member of the clergy

    It would have been entirely different.
    Last edited by Chris516; 01-17-15 at 05:15 PM.

  11. #11
    Senior Member hotbike's Avatar
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    Well, three and a half weeks isn't that long. In some cases (most cases?) we are waiting forever for an arrest...

    Good point, about checking to see if the two had any prior relationship...

    The article was brief, and lacked depth of reporting, IMHO.
    http://www.flickr.com/photos/11629987@N02/sets/72157639939606343/

  12. #12
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    I don't get it. Vehicular homicide convictions are never slam dunks. So here we have the police and prosecutor taking it slow to make sure they get it right, and folks still aren't happy. It's not about arrests, It's about successful prosecutions that produce convictions and stiff sentences.
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  13. #13
    Senior Member hotbike's Avatar
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    Quote Originally Posted by Chris516 View Post
    While that is true. Her blowing a .22 BAC premeditated or not. Should have been enough to arrest her until she would have made bond. Which is almost three times the legal drinking limit in Maryland(.08).
    I think you have this story mixed-up with another one... This story is about a case in Richland , Mississippi, and involved two men...
    http://www.flickr.com/photos/11629987@N02/sets/72157639939606343/

  14. #14
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    Quote Originally Posted by Chris516 View Post
    While that is true. Her blowing a .22 BAC premeditated or not. Should have been enough to arrest her until she would have made bond. Which is almost three times the legal drinking limit in Maryland(.08).

    If this had happened where it was:

    1. Male driver
    2. BAC ^.08
    3. Hit-n-run w/ to motorized vehicles'
    4. Not a member of the clergy

    It would have been entirely different.
    Actually it was a male driver, not a member of the clergy, and it happened in Mississippi so I'm not sure why the legal limit in MD is relevant.

  15. #15
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    Quote Originally Posted by prathmann View Post
    Actually it was a male driver, not a member of the clergy, and it happened in Mississippi so I'm not sure why the legal limit in MD is relevant.
    Stop confusing the issue with facts.
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  16. #16
    24-Speed Machine Chris516's Avatar
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    OOOPS

    The Bishop is burned into my brain.

    Mississippi DUI Penalties - 2014 DUIwise.com

    According to this link, Mississippi has a very tough DUI law. Which is why he was charged with Felony DUI.

  17. #17
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    Quote Originally Posted by Chris516 View Post
    OOOPS

    The Bishop is burned into my brain.

    Mississippi DUI Penalties - 2014 DUIwise.com

    According to this link, Mississippi has a very tough DUI law. Which is why he was charged with Felony DUI.
    That's an odd statement in light of the opening line of the link:
    The Southeastern portion of the United States is known for having relaxed laws when it comes to DUI penalties, and Mississippi is no exception when the penalties for infractions are compared to the rest of the nation.
    However, I'll grant that Mississippi's DUI laws and penalities are far tougher than Oregon's, but Oregon pretty much gives drunks a pass so that's not a very high bar to get over.

  18. #18
    Not quite there yet Matariki's Avatar
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    The article had a significant error in reporting that Mr. Rich was riding on US 49, a major north-south highway. Mr. Rich was, in fact, riding on Old 49, a more sedate road.
    Any information, no matter how good, will always under-represent reality.
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