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Started By
Message
re: Walker High Senior cheerleader killed in car wreck last night...UPDATE: arrest made
Posted on 3/7/24 at 6:59 pm to lostinbr
Posted on 3/7/24 at 6:59 pm to lostinbr
quote:
A) That DSPD requested a warrant for a blood draw, let him leave with his mom, then went to his house after a couple of hours to draw the blood.. or, B) That DSPD requested a warrant for a blood draw, held him at the scene until the they had a warrant and a tech ready to draw the blood, then let him leave with his mom?
Something is def not adding up here. Livingston is a non refusal parish last ive heard. Meaning if you refuse blowing, they will arrest you, and they will draw your blood at the jail. What i dont get is where the warrant for the blood draw came from. He could have been suspected, given field test, then asked to blow, if he refused, he would be arrested then.
Being that they just filed charges today, i dint think thats what happened. As a postwr said earlier, why wasn't he charged then? Something tells me they either didn't suspect he was impared or were a buddy of his.
If he left the scene, and his blood was drawn after, he will walk on the DUI portion of this. No way that holds up. As people also said, he could say i smoked a joint and had a couple shots on my way home. Then any lawyer would fight and say “well the police let him leave, if he was suspected of being impaired, why would they let him leave.
Just doesn't make sense he wasn't charged right then for dui if he was detained and blood drawn then after refusing breath alyzer
4
Posted on 3/7/24 at 7:33 pm to coonass27
quote:
Just doesn't make sense he wasn't charged right then for dui if he was detained and blood drawn then after refusing breath alyzer
DSPD knows the reporting officer fricked up and hoped it would go away.
Posted on 3/7/24 at 8:37 pm to coonass27
quote:
Something is def not adding up here
quote:
Just doesn't make sense he wasn't charged right then for dui if he was detained and blood drawn then after refusing breath alyzer
This doesn't surprise me in Louisiana.
So the whole she ran a red light thing was false? Did the other person run the light? If the person just hit her stopped at the light, this is some really shite police work to let him go from the scene. Hopefully that police department gets destroyed over this one.
This post was edited on 3/7/24 at 8:43 pm
Posted on 3/8/24 at 6:02 am to coonass27
quote:
Something is def not adding up here. Livingston is a non refusal parish last ive heard. Meaning if you refuse blowing, they will arrest you, and they will draw your blood at the jail. What i dont get is where the warrant for the blood draw came from. He could have been suspected, given field test, then asked to blow, if he refused, he would be arrested then.
Maybe they needed a warrant because, at the time, they didn’t know he had broken any laws (speeding). Once they got him for speeding, the vehicular manslaughter and DUI charges would stick
I’m not a lawyer, I just thought police needed a valid reason to breathelize you
This post was edited on 3/8/24 at 6:18 am
Posted on 3/8/24 at 7:50 am to coonass27
quote:
If he left the scene, and his blood was drawn after, he will walk on the DUI portion of this. No way that holds up.
Not to be a broken record, but I find it very hard to believe that he left the scene.
I understand questioning why he wasn’t immediately arrested. The Louisiana law around refusal of breathalyzer tests is a little weird though. It appears to only make refusal a criminal offense if:
A) The driver is already under arrest for DWI, and
B) The driver has refused a breathalyzer on at least two previous occasions.
I’m not a lawyer but it seems like the cops can’t actually arrest you for refusing to blow; they can only charge you for refusing to blow after you’ve already been arrested under suspicion of DWI. Which means the cops would need enough evidence to arrest you in the first place.
My guess is that their only recourse was to get a warrant for blood draw.
I don’t see how any of the above leads people to think they let him go home before the blood draw. Again maybe I’m missing something but it seems like something that was made up in this thread, and now everyone is running with it.
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