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re: UK Greek Pledge Kills 4 year-old in DUI Crash After Murray State Game. BAC: .051

Posted on 9/18/18 at 4:29 pm to
Posted by DustyDinkleman
Here
Member since Feb 2012
20365 posts
Posted on 9/18/18 at 4:29 pm to
quote:

Was the infant buckled in properly? Or is he being blamed simply because he got in a fatal wreck.



It didn't mention this in the article, but the boy was walking to the game with his father on the sidewalk. The freshman was the one driving and "lost control" rolling over the curb and into the sidewalk.
Posted by L1C4
The Ville
Member since Aug 2017
16593 posts
Posted on 9/18/18 at 4:30 pm to
I may be wrong but I think in ky it's zero tolerance if you are under 21.
According to the news he said he only had 2 beers and hit the child standing on the sidewalk with his parents.
Posted by Scoop
RIP Scoop
Member since Sep 2005
44583 posts
Posted on 9/18/18 at 4:30 pm to
The legal BAL is set based on the lowest threshold by which a driver could be considered too impaired to operate.

How can the law then charge a person with an impairment charge when they are just a hair over half the agreed upon lowest threshold for impairment?

This post was edited on 9/18/18 at 4:33 pm
Posted by LordSaintly
Member since Dec 2005
43342 posts
Posted on 9/18/18 at 4:31 pm to
quote:

I may be wrong but I think in ky it's zero tolerance if you are under 21.


You're right. That's why he was arrested.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
20386 posts
Posted on 9/18/18 at 4:34 pm to
quote:

How can the law then charge a person with an impairment charge when they are just a hair over half the agreed upon lowest threshold for impairment?


I guess, and I have zero basis for this, that they are saying an "adult" experienced with driving and alcohol use (not necessarily together) is capable of operating a vehicle at .079 but not at .080 but that a minor with no experience in those things shouldn't be operating a vehicle at 0.050 or higher?
Posted by Sao
East Texas Piney Woods
Member since Jun 2009
68469 posts
Posted on 9/18/18 at 4:37 pm to
quote:

According to the news he said he only had 2 beers and hit the child standing on the sidewalk with his parents.


This is a tough one. I'm not sure where I fall on it. I can imagine so many scenarios like this, say, at a Razorback game. People everywhere, going everywhere. He may have been avoiding someone 50 feet away for all I know. Terrible story.
Posted by NYNolaguy1
Member since May 2011
21840 posts
Posted on 9/18/18 at 4:39 pm to
quote:

It didn't mention this in the article, but the boy was walking to the game with his father on the sidewalk. The freshman was the one driving and "lost control" rolling over the curb and into the sidewalk.


If thats the case (that he was driving recklessly) I have no problem with him being arrested/charged. My doubts stem more from him being arrested/charged as an adult while using BAC standards used on minors.
Posted by jchamil
Member since Nov 2009
19897 posts
Posted on 9/18/18 at 4:41 pm to
quote:

My doubts stem more from him being arrested/charged as an adult while using BAC standards used on minors.


That BAC standard isn't just for minors but also underage adults
Posted by WestCoastAg
Member since Oct 2012
151013 posts
Posted on 9/18/18 at 4:43 pm to
quote:

Will this kid do time?

an underaged kid had alcohol in his system and was the cause of an accident that killed a 4 year old. you tell me
Posted by Loungefly85
Lafayette
Member since Jul 2016
7930 posts
Posted on 9/18/18 at 4:43 pm to
A buddy of mine got a DWI for blowing .06. He was 2 months from turning 21.

It’s a shitty law.
Posted by Stexas
SWLA
Member since May 2013
7134 posts
Posted on 9/18/18 at 4:44 pm to
This seems more appropriate negligent homicide than the Gruver BS.
Posted by TigerintheNO
New Orleans
Member since Jan 2004
45414 posts
Posted on 9/18/18 at 4:49 pm to
According to the article, (and a 2nd article), he was only charged with DUI.
Posted by NYNolaguy1
Member since May 2011
21840 posts
Posted on 9/18/18 at 4:50 pm to
quote:

That BAC standard isn't just for minors but also underage adults


I know, but it creates two legal systems for "equal" adults.

Fairness under the law shouldnt apply to some but not others.
Posted by Jack Bauers HnK
Baton Rouge
Member since Jul 2008
6088 posts
Posted on 9/18/18 at 4:51 pm to
quote:

Police say Heil did not take a breath test at the scene of the crash.


So .051 was after the time it took to arrest him after his refusal to take the breath test, get him to jail, get a warrant for involuntary blood draw, and to actually draw his blood. Any .051 defenders want to extrapolate how high it was given the time it took to take the sample?
Posted by jpainter6174
Boss city
Member since Feb 2014
6752 posts
Posted on 9/18/18 at 4:58 pm to
The metabolic rate for alcohol is .015 per hour.so without knowing the approximate time it took to do all of that. Hard to say.
This post was edited on 9/18/18 at 4:59 pm
Posted by X123F45
Member since Apr 2015
30011 posts
Posted on 9/18/18 at 5:01 pm to
quote:

Any .051 defenders want to extrapolate how high it was given the time it took to take the sample?



Just as likely to increase as decrease
Posted by Sao
East Texas Piney Woods
Member since Jun 2009
68469 posts
Posted on 9/18/18 at 5:01 pm to
quote:

So .051 was after the time it took to arrest him after his refusal to take the breath test, get him to jail, get a warrant for involuntary blood draw, and to actually draw his blood. Any .051 defenders want to extrapolate how high it was given the time it took to take the sample?


Have you ever driven after having 2-3 cold beers?

I have.
Posted by X123F45
Member since Apr 2015
30011 posts
Posted on 9/18/18 at 5:01 pm to
quote:

Have you ever driven after having 20-30 cold beers?

I have.




....shamefully.... Yes.

Posted by Pico de Gallo
Member since Aug 2016
1894 posts
Posted on 9/18/18 at 5:03 pm to
quote:

Sucks it happened but he wasn’t drunk by any means


Alcohol affects everyone differently. Two beers may be like water for you, but it could be five shots of liquor to someone else.

Alcohol was present in the system of an underage individual that caused a fatal crash.

He's done.
Posted by fallguy_1978
Best States #50
Member since Feb 2018
53814 posts
Posted on 9/18/18 at 5:03 pm to
quote:

Have you ever driven after having 2-3 cold beers? 

I have.

I'll have 2-3 at a restaurant and drive home but no more than that. Sadly that wasn't always my policy. I'm glad that I never hurt anyone when I was young and stupid.
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