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Registered on:1/26/2018
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So you’re saying that her rape is justified because she slapped someone and called them gay?

…I’m really embarrassed to be from Louisiana right now
You're right. I am typing too fast lol
quote:

When he blood was drawn, the medical staff likely didn’t think they were dealing with a criminal investigation


This would NOT make a single difference in how the blood was drawn. In traumas we never know the entire story of anything until after we have initially stabilized a patient. That is why staff treats EVERYTHING they do like it is a criminal investigation.

The accuracy of the BAC sample is not a matter of opinion. It is a science that can be proved or disproved. In most situations, if the value flagged in the hospital they would re-draw immediately. They reported her BAC was 0.312, which means they saw no reason to believe it was not accurate.

Bottom line - this won't be a debate of opinion IF it goes to trial. By the time the trial comes, the accuracy will be validated or disputed and they either will allow it as evidence or won't.
Yes- you would have to see her other labs to really know if it was diluted. If so, they would be able to figure it out based off Hcb and Hct concentrations. If defense says it is falsely elevated (highly unlikely), they can rule that out as well by comparing to other values.

Hospitals draw these labs all the time. Often for DWI related accidents. They have been studied for a long time and are pretty accurate and hard to dispute.

All I am saying is that if this is the only shred of hope for the defense, it is really weak.
quote:

Does blood loss affect BAC?


No it would not.

quote:

In conclusion, this literature review indicates that trauma and massive blood loss exert insignificant effects on a person's BAC and rate of ethanol metabolism.


LINK
Your study does not prove that my comment was wrong.

First, I never said the fluids had ANY effect on blood alcohol CLEARANCE. I said that the added fluids to her blood would dilute the sample, making it appear less than it was.

They study you reference is referring to a BREATH test measurement of BAC levels. I promise that they drew blood, she was likely unable to provide a breathalyzer test after being hit by a car. The BLOOD SAMPLE would likely be diluted, being that fluids were added to it.

Take a look here

quote:

The intravenous fluids will, to some extent, dilute blood constituents, including any alcohol present.
quote:

From the swab was my Lawyer friends thought.


I keep seeing people saying "swab." They did not "swab" test anything for a BAC. They drew blood, sent it in a tube to the lab along with other blood from the same sample to run every lab they needed at once. Are we now going to argue that every lab result was wrong from her hospital admission?
This is just not a good defense and if it is the best that his attorney can come up with then that says a LOT.
I agree (I work in healthcare, too). In this situation, I am certain she had an IV and was probably intubated in route. This means she likely had fluids prior to arriving to the ER, which dilutes the sample. This would make the 0.312 BAC actually LESS than what it was before.

No one denied IV access or lab draws. Her family wouldn't have had time to deny it because it is done so fast when a trauma first arrives. They will have an EXACT timestamp in her chart that tells the time the blood was drawn. It is part of triaging the patient.

If anything, I feel like there is more evidence to suggest her BAC may have been HIGHER than what they drew than evidence supporting that her BAC was miscalculated and was lower than reported at the time of draw.
I want to know if she really didn't have her phone too! It would make sense if that is why they were arguing... They didn't know what to do and didn't know where to take her. Unfortunately, their decision to leave her on the side of Burbank is what caused her death. If they left her that drunk to "get an Uber" knowing she didn't even have her phone, then they should be charged for her death too.
She donated organs so she was likely intubated in the ambulance or at the scene. First thing they do is draw labs for blood testing to find donor matches. They probably tested her BAC levels upon arrival to the hospital. Which means the Hospital lab ran the test. I promise they run a lot of those tests daily.
It does seem like strange timing. The only other news I’ve seen also drop (that maybe they’re hoping is overshadowed) is the Pelosi body cam footage. I feel like a Monday morning may have been easier to control than a Friday evening. I’ve got no clue what their reason is but I am sure they have one
BUT, if this 17 year old is at a bar and consuming alcohol and having sex, one could argue he SHOULD have know…
That is true. But if this is the path they are going down then we have a million different variables to consider to guess her BAC. There’s no way to measure it with certainty. If they were able to argue this point successfully then every person who gets rapped while under the influence going forward will have problems “proving it.”


But we do know the boy said she was “like drunk, drunk.” So I’m going to assume that means she was pretty drunk. Also, she couldn’t communicate her address. That also is telling.
I agree with you on this. The BAC is a huge factor as to why she could have not possibly given consent. But I can’t imagine anyone even walking much at all with the level she had
That means that she stopped drinking an hour before she left… so her BAC levels were likely not “rising” still during her ride home. She didn’t take 5 shots then hop in the car.