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Message
re: Walker High Senior cheerleader killed in car wreck last night...UPDATE: arrest made
Posted on 1/2/24 at 11:59 am to White Roach
Posted on 1/2/24 at 11:59 am to White Roach
quote:
Haven't seen it mentioned, but the DUI/OUI limit is .02 for minors. A beer or two, max, would put a female, high school cheerleader over the limit. I don't know how tall this girl was, but I'm guessing she only weighed 100 - 110 lbs, maybe even less. Almost no chance she was over 125 - 130 lbs.
O.08 is ridiculous for adults. Back when it was 0.1, I had a friend get a DWI at West End (while still daylight) after supper at Fitzgerald's. He swears he only had 2 Miller Lites, but admits the possibility that maybe he had 3. He blew a 0.11. The only reason he blew is that he was so sure he would pass the test.
0.02 is beyond ridiculous. If it would be 0.00 it would be more effective.
If everyone had to blow before a game, including 17 - 21 year olds, how many people would pass? (And I know it's not illegal to be "drunk" while watching football, but all those people need to get home somehow.)
In summation, lighten up on all the "she was fricked up" comments. You don't know that at this point.
How about you just don't drink and drive.... There plenty of options to not have to do it.
.02 is not ridiculous for a minor when they barely know how to drive and aren't even legal to be drinking in the first place.
I would get home from the game because I wouldn't have drank at the game if I didn't have a ride home. Want to know why, because some dipshit like you that excuses drinking and driving killed my grandmother. So frick off with this nonsense.
quote:
In summation, lighten up on all the "she was fricked up" comments. You don't know that at this point.
In summation, don't be a frickin tool that puts other people at risk because you are too proud or too cheap to get an uber or ask for a DD. No one is saying she was completely fricked up, just that the cops have said there may have been some impairment involved.
This post was edited on 1/2/24 at 12:04 pm
3
Posted on 1/2/24 at 12:09 pm to tigersbb
quote:
You are confusing criminal culpability with civil liability. Anytime a driver is determined to be over the legal intoxication limit there is a criminal violation. This applies even if the determination of intoxication is the result of an accident where another party is at fault or presumed to be. Whether the charges should include negligent homicide or negligent injury is the opinion of the prosecutor that the death or injury would not have occurred if the person had been sober.
In the civil case all factors are weighed to determine their relative application to the accident. The judge or jury might assess partial fault to the person who was under the influence even if another party actually ran the red light on the premise they might have avoided the accident if sober and with quicker reaction time. For example that person might be assessed 25% comparative negligence for the accident and resultant damages.
I guess if a civil jury can still set things right, then yeah, that contradicts what I wrote. I still think that "might have avoided it if sober" part is a bunch of hogwash.
I don't believe in judges and juries being smart enough of determine that. Like I wrote, people are obsessed with toxicology results ("CSI Effect" plus our puritanical roots), and that includes judges and juries. They'll side with the numbers / against the guy enjoying a drink >90% of the time, often in error.
On the criminal side, doesn't toxicology evidence collected from a crash victim kind of feel like "fruit of the poison tree" anyway? You can't extort a confession via torture, but hey, some guy rear-ending people can legally be a sort of Rogue DUI Columbo, as long as there's no obvious connection to the cops? I have no faith in a system that allows that.
More broadly, I think it's bad that being a victim of a crime doesn't immunize someone against the resultant discovery of their own (minor) crimes. It's kind of like your house getting broken into and then the detective notices your pot grow operation. That shouldn't be chargeable, IMO, at least not for minor crimes. Letting that shite happen has a chilling effect on people's willingness and ability to rely on the justice system.
Posted on 1/2/24 at 12:21 pm to Dam Guide
.08 is rediculous. I could easily pass all test while blowing over. The only reason the number is .08 is because of do gooders that don’t understand what “under the influence” really us
Posted on 1/2/24 at 12:26 pm to Proximo
Sad. If it was her, this is a very sad teaching moment for parents to discuss and even the school to discuss with students. We all think we are invincible when young, so likely will fall on deaf ears. No matter who, it doesn’t change things, and as a mom of girls approaching late 20s, I still pray for their safety.
Posted on 1/2/24 at 12:27 pm to Lake08
quote:
do gooders
We can only hope you “do good” and blast a tree instead of another person the next time you do it
Posted on 1/2/24 at 12:28 pm to Lake08
I would venture to say that 90% of the population have driven over the limit at least once in their lives. Hypocrisy, imo
Posted on 1/2/24 at 12:34 pm to Proximo
Yeah…everyone that has two drinks is staring at a tree or getting in a fatal crash. Drama…
Posted on 1/2/24 at 12:37 pm to Lake08
quote:
.08 is rediculous. I could easily pass all test while blowing over. The only reason the number is .08 is because of do gooders that don’t understand what “under the influence” really us
How many DUIs do you have
Posted on 1/2/24 at 12:39 pm to Lake08
You type like you live in a trailer and have had a 6’er already. That tree is gonna make a nice hood ornament
Posted on 1/2/24 at 12:39 pm to Dam Guide
quote:
02 is not ridiculous for a minor when they barely know how to drive and aren't even legal to be drinking in the first place.
I guess I just look at it based on reason and logic versus an emotional point of view.
I'm sorry about your grandmother, sincerely. People who've racked up multiple 0.2, 0.3, and even 0.4 DUIs deserve to be put under the jail
But for your average 18 y/o, I think it's hypocritical to legally allow them to vote, enter into contracts, buy a rifle and/or shotgun, join the military (where they 18 y/o may be issued a machine gun), or really frick up their life and get married.
But you're not mature enough to consume beer. I'm calling bullshite.
Posted on 1/2/24 at 12:54 pm to White Roach
quote:
But for your average 18 y/o, I think it's hypocritical to legally allow them to vote, enter into contracts, buy a rifle and/or shotgun, join the military (where they 18 y/o may be issued a machine gun), or really frick up their life and get married.
This I agree with, the culture we have with drinking though in this country is pretty toxic. We have basically proven that taking it away from 18-21 year olds didn't improve our fatalities, they still get access and they still kill people more than say Europe that lets them drink.
This post was edited on 1/2/24 at 12:55 pm
Posted on 1/2/24 at 12:55 pm to MoarKilometers
Had 1 literally 30 years ago
Posted on 1/2/24 at 1:00 pm to Lake08
I am not at all defending drunks that are 2/3X the limit. I am just “arguing “ that there is such rediculous hypocrisy for people that have a couple glasses of wine at dinner, and are “legally” over the limit, and you label them running head on into a tree.
Posted on 1/2/24 at 1:36 pm to Dixie2023
Not sure why everyone is assuming she was the one drinking.
She may have ran the light but that could have been for any reason.
The girl was a 4.0 student, nominated for student of the year, about to start at LSU with a goal of attending law school. Could she have made a bad decision and had a drink, maybe... But going off what her character seems to be, I'm not certain yet she was the one with alcohol in her system and simply made a mistake running a light.
She may have ran the light but that could have been for any reason.
The girl was a 4.0 student, nominated for student of the year, about to start at LSU with a goal of attending law school. Could she have made a bad decision and had a drink, maybe... But going off what her character seems to be, I'm not certain yet she was the one with alcohol in her system and simply made a mistake running a light.
Posted on 1/2/24 at 1:39 pm to Lake08
quote:should not drive, and society demands that they not. People who are "legally over the limit" don't get to decide if they are safe enough for the rest of the world. The rest of the world isn't interested in accepting the risks those persons under the influence present.
people that have a couple glasses of wine at dinner, and are “legally” over the limit
Your judgment is impaired and your driving is impaired.
Posted on 1/2/24 at 1:40 pm to Uncle Diddles
quote:
Not sure why everyone is assuming she was the one drinking.
She may have ran the light but that could have been for any reason.
If I had to guess based solely on what is publicly known, because the other driver was both not named nor booked for intoxication. You'd think if the other driver was under the influence, they're getting booked the same night.
This post was edited on 1/2/24 at 1:42 pm
Posted on 1/2/24 at 1:46 pm to Lake08
quote:
rediculous
Posted on 1/2/24 at 3:01 pm to Uncle Diddles
Most definitely. And most of us have ran red lights, whether they turn red going through or don’t want to stop late night (especially in Nola). Just sad and a good chance to remind kids to be careful. Anybody, any age, really. No judgment here.
Posted on 1/2/24 at 3:08 pm to Dixie2023
nothing worse than burying your child......
Posted on 1/2/24 at 3:17 pm to Uncle Diddles
quote:
The girl was a 4.0 student, nominated for student of the year, about to start at LSU with a goal of attending law school. Could she have made a bad decision and had a drink, maybe... But going off what her character seems to be, I'm not certain yet she was the one with alcohol in her system and simply made a mistake running a light.
Yet, you're willing to essentially say that about the other driver, whom you know nothing about nor have any evidence to support that they were the one under the influence. You also ignore logic and reason. We know one party in the accident (not verified completely, but is the most likely scenario) ran a red light. We know the other driver had a green light. We know at least one party in the accident was under the influence. We also know that, as of right now, no one involved has been arrested and/or booked for DWI.
This isn't just directed at you, the immediate blame of the other driver began within the first few posts of this thread. That is unfair, IMO, especially given what facts we do know.
I think some people want it to be that the other driver was drunk. That probably gives them some relief or softens the blow of this terrible incident in some way. Laying blame elsewhere keeps from having to admit that the girl, most likely, made a terrible decision, one that there is no coming back from.
This post was edited on 1/2/24 at 3:21 pm
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