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Cleveland Area Judge Killed While Riding Bicycle

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Cleveland Area Judge Killed While Riding Bicycle

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Old 02-27-12, 08:04 AM
  #101  
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it's well known and documented in the literature that alcoholics process alcohol differently than the rest of us. For one thing, at that bac most of us would be driving the porcelain bus, not the kids home from school

Hopefully this woman gets the treatment she needs while in jail. To kill someone and be as unrepentant as she is demonstrates that she needs help. Unfortunately, the prognosis is not good
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Old 02-27-12, 05:09 PM
  #102  
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Originally Posted by BikeLawyer
Forensic toxicologists will testify that alcoholics develop an ability to get rid of the poison faster than those who do not drink regularly. The "average" elimination rate is around 0.015% per hour. So someone who has, say, maxed out at a .10%BAC and is starting to come down will be at roughly 0.085% after an hour. An alcoholic can DOUBLE that "average" - I've seen it. In one case I handled there were two blood tests taken of the drunk driver - this gave us an ability to measure his elimination rate and it was over 0.03% per hour - more than double the "average" - which was consistent with the research...
There is a good lesson here. In a Hit & Run DUI, police need to start running two breath test with a set interval in between as a standard practice, to establish the real world elimination rate and then be able to calculate the actual BAC at the time of the collision.
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Old 02-29-12, 06:26 PM
  #103  
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Originally Posted by kuan
When **** like this happens I wish news orgs would make it a point to report that bicycles have the same right to the road as automobiles.
seems like no one explained it to this judge - https://bicycling.com/blogs/roadright...ult-to-injury/
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Old 03-01-12, 03:53 AM
  #104  
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Since my previous reply, I've done some reading, and it is clear that you are correct, so, I stand corrected.
Thanks for the info.
Caruso

Originally Posted by BikeLawyer
The Court opened for a rare Saturday session for the sentencing of Kelly Cox. Cox had consistently told the court, under oath, that she had only had "one glass of wine" despite evidence that she blew a 0.28%BAC - a number which would indicate that she had somewhere around TEN drinks - not one...

With regard to the quote below - the differences in the elimination rate of alcoholics and non-drinkers is not a matter of opinion, but a matter of science.

https://www.ncbi.nlm.nih.gov/pubmed/6745819

Forensic toxicologists will testify that alcoholics develop an ability to get rid of the poison faster than those who do not drink regularly. The "average" elimination rate is around 0.015% per hour. So someone who has, say, maxed out at a .10%BAC and is starting to come down will be at roughly 0.085% after an hour. An alcoholic can DOUBLE that "average" - I've seen it. In one case I handled there were two blood tests taken of the drunk driver - this gave us an ability to measure his elimination rate and it was over 0.03% per hour - more than double the "average" - which was consistent with the research...
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