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re: Walker High Senior cheerleader killed in car wreck last night...UPDATE: arrest made

Posted on 3/8/24 at 7:06 am to
Posted by Dam Guide
Member since Sep 2005
15511 posts
Posted on 3/8/24 at 7:06 am to
quote:

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


The wreck is the reason to hold you for a breathalyzer or blood draw.

Charges may go to trial, but if you are on a jury and you heard the cops just let you go home after a fatal wreck would you say there is a good bit of doubt that you were thought to be intoxicated at that time? That’s pretty much a given they didn’t suspect you and it was after the fact that those idiots were like maybe we should have checked him for being intoxicated, at which point you lost control of the evidence because he had time to go home and get shite faced and throw a whole bunch of reasonable doubt on to this case. Cops fooked this one hard, but you still need a good lawyer to handle the case, this guy may not have the money for that.
Posted by Scuttle But
Member since Nov 2023
1301 posts
Posted on 3/8/24 at 7:13 am to
quote:

That’s pretty much a given they didn’t suspect you and it was after the fact that those idiots were like maybe we should have checked him for being intoxicated, at which point you lost control of the evidence because he had time to go home and get shite faced and throw a whole bunch of reasonable doubt on to this case.



Maybe the driver really was shaken up and went home and got shitfaced after the wreck.
Posted by Dog Tree
Member since Sep 2019
396 posts
Posted on 3/8/24 at 7:27 am to
quote:

Maybe the driver really was shaken up and went home and got shitfaced after the wreck.

Or maybe Shawn Robertson is a POS criminal who cannot function in a civilized society and is facing charges of negligent homicide, reckless operation, second offense DWI, operating a vehicle while under suspension for certain prior offenses, and not wearing a seat belt.
This post was edited on 3/8/24 at 7:31 am
Posted by Scuttle But
Member since Nov 2023
1301 posts
Posted on 3/8/24 at 7:31 am to
quote:

maybe Shawn Robertson is a POS criminal who cannot functional in a civilized society and is facing charges of negligent homicide, reckless operation, second offense DWI, operating a vehicle while under suspension for certain prior offenses, and not wearing a seat belt.


Maybe.
Posted by Dam Guide
Member since Sep 2005
15511 posts
Posted on 3/8/24 at 7:48 am to
quote:

second offense DWI, operating a vehicle while under suspension for certain prior offenses


These cops really really really suck at their job.
Posted by lostinbr
Baton Rouge, LA
Member since Oct 2017
9368 posts
Posted on 3/8/24 at 7:50 am to
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.
Posted by lsuconnman
Baton rouge
Member since Feb 2007
2660 posts
Posted on 3/8/24 at 7:55 am to
(no message)
This post was edited on 3/21/24 at 12:07 pm
Posted by BMoney
Baton Rouge
Member since Jan 2005
16274 posts
Posted on 3/8/24 at 8:37 am to
Any time a fatality is involved in an accident, a blood draw is mandatory for both parties. This was a law enacted in Louisiana about 5 or 6 years ago.
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