The Benz Driver who killed the guy in Scottsdale

Yes, they should get the book thrown at them, but traces of marijuana in his system. C'mon, that's a joke, how can they prove he smoked it somewhat before he went driving and it impaired him. Just another 'it's in his system so let's get more BS charges against him'.

Yes, they should get the book thrown at them, but traces of marijuana in his system. C'mon, that's a joke, how can they prove he smoked it somewhat before he went driving and it impaired him. Just another 'it's in his system so let's get more BS charges against him'.

 

How do they prove it?

 

 

Fact 1. He used it (its "In his system"). [Pretty difficult to refute this]

 

Fact 2. Marijuana is not alcohol. It is a prohibited drug, and there is no "Legal Limit" under which you can operate a vehicle. You may not legally operate a motor vehicle under the effects of ANY substance (legal or not) if it impairs your ability to safely drive the vehicle. [this is the law as the judge will give the jury]

 

Fact 3. Marijuana negatively effects judgment, concentration, coordination and time perception. [the state will have an expert testify to this]

 

Fact 4. HE CRASHED HIS CAR AT OVER 100MPH AND KILLED A MAN. [no question there.]

 

Thats good enough for most jurors.

 

Change the facts. Assume its alcohol, which we have much more precise tests to detect. How does a D.A. prove that the ALCOHOL caused the crash??? Maybe he would have crashed if he was SOBER??? Thats POSSIBLE!!! How can you prove it ISNT?

 

Answer: Juries don't care. They dont want drunks and druggies driving and killing people.

 

If you drink/Use drugs + drive + kill somebody; NOBODY fcuking CARES WHAT YOU HAVE TO SAY.... You are FUCKED.

"Van Brakel's lawyer filed a not guilty plea to the new charge in a Phoenix court yesterday"

 

I wonder what they are going to use to try and dodge that offence. I imagine intoxication reading evidence rarely gets thrown out of court in the US.

How do they prove it?

 

 

Fact 1. He used it (its "In his system"). [Pretty difficult to refute this]

 

Fact 2. Marijuana is not alcohol. It is a prohibited drug, and there is no "Legal Limit" under which you can operate a vehicle. You may not legally operate a motor vehicle under the effects of ANY substance (legal or not) if it impairs your ability to safely drive the vehicle. [this is the law as the judge will give the jury]

 

Fact 3. Marijuana negatively effects judgment, concentration, coordination and time perception. [the state will have an expert testify to this]

 

Fact 4. HE CRASHED HIS CAR AT OVER 100MPH AND KILLED A MAN. [no question there.]

 

Thats good enough for most jurors.

 

Change the facts. Assume its alcohol, which we have much more precise tests to detect. How does a D.A. prove that the ALCOHOL caused the crash??? Maybe he would have crashed if he was SOBER??? Thats POSSIBLE!!! How can you prove it ISNT?

 

Answer: Juries don't care. They dont want drunks and druggies driving and killing people.

 

If you drink/Use drugs + drive + kill somebody; NOBODY fcuking CARES WHAT YOU HAVE TO SAY.... You are FUCKED.

 

 

I get what you are sayin' but, when ya toke on a joint it gets you high then an there. After that, you lose the affect of that joint, but still it leaves a trace in your body for up to a month IIRC. So what if he had it in his body, was there some in the wreckage of his car (or on his person) that could show he could have had access and used it before the crash? My guess in no, otherwise they would have charged him with it at the time.

 

Just because it's in his system doesn't mean he just used .

I get what you are sayin' but, when ya toke on a joint it gets you high then an there. After that, you lose the affect of that joint, but still it leaves a trace in your body for up to a month IIRC. So what if he had it in his body, was there some in the wreckage of his car (or on his person) that could show he could have had access and used it before the crash? My guess in no, otherwise they would have charged him with it at the time.

 

Just because it's in his system doesn't mean he just used .

 

The point is he used, period. And illegal substance, not a substance that is illegal when used within 15 minutes of an incident. He used it, period.

I get what you are sayin' but, when ya toke on a joint it gets you high then an there. After that, you lose the affect of that joint, but still it leaves a trace in your body for up to a month IIRC. So what if he had it in his body, was there some in the wreckage of his car (or on his person) that could show he could have had access and used it before the crash? My guess in no, otherwise they would have charged him with it at the time.

 

Just because it's in his system doesn't mean he just used .

 

 

Actually.... Marijuana's effects linger much longer than alcohol...

 

They didnt charge him initially because of the way the case came down.... They knew he was street racing, and they knew he didnt smell like booze.... DUID is harder to detect than DUIA for obvious reasons.... And by the time they got the blood back, he had already been indicted....

 

The long and the short of it is, this case has been going on almost a year now, and he is still looking at spending the next 7 years or so in prison. I suspect his legal bills are in the 6 figures now.... Hes going to lose his house, and his business.... No two ways around that one.... Probably his family as well....

 

 

End result-

 

The long and the short of it is, this case has been going on almost a year now, and he is still looking at spending the next 7 years or so in prison. I suspect his legal bills are in the 6 figures now.... Hes going to lose his house, and his business.... No two ways around that one.... Probably his family as well....

 

End result-

 

 

My friend's cousin was 18 when he wrecked. It took 2 years until he was convicted. The only lingering thing was that one of the 5 survivors had a different story. He hit the driver in the head really hard while going around a quick s turn, causing driver to lose control, but came up with a different story proclaiming his innocence. A minor's mom who provided was never charged.

 

I actually came upon this wreck and didn't know until the following week who it was. It ruined my holiday festivities (or made me more aware of my limits).

 

He's someones bitch for a long time.

The point is he used, period. And illegal substance, not a substance that is illegal when used within 15 minutes of an incident. He used it, period.

So if I smoke a joint right now and get into a fatal crash a month from now the traces of marijuana in me should be used against me as a partial reason for me crashing?

So its illegal...great, I suppose they could get him for use of illegal drugs, but I just don't see how could they tie it to the accident without being able to prove that he was high at the time. I'm sure the prosecutors are happy to throw the "OMG MARIJUANA, BAD ILLEGAL DRUGZ, GO TO JAIL" at the public and the jury though.

Now Juicefag can go back into his hole.

Literally....

 

http://www.lambopower.com/forum/index.php?...=39024&st=0

I just read this whole thread... please tell me there's an ending to this story...

I just read this whole thread... please tell me there's an ending to this story...

not over yet

I just read this whole thread... please tell me there's an ending to this story...

Nope... Hes been indicted since December of 2007..... Its now March of 2009. Trial is set to begin in October of this year....

 

How would you like this hanging over your head for 22 months?

If you drink/Use drugs + drive + kill somebody; NOBODY fcuking CARES WHAT YOU HAVE TO SAY.... You are FUCKED.

a sad story with no winners, but this comment made me piss myself.

Hes been indicted since December of 2007..... Its now March of 2009.

Damn, time flies! Well, probably not for Bluesmurf.

You know, I was wondering whatever happened with all of this???

I remember the day Allan posted it.

So... THose who have followed this... Trial is set to begin October 5.

hope he gets what is deserved.

Dude... he must be shitting bricks! I could not imagine what he must be going through... Knowing that your entire life rests on the outcome!

Dude... he must be shitting bricks! I could not imagine what he must be going through... Knowing that your entire life rests on the outcome!

 

Think of it that way and he's PROBABLY drunk as fcuk

Think of it that way and he's PROBABLY drunk as fcuk

 

I don't know how some of these guys live with it day to day and still maintain their lives? I mean, I got a pretty bad ticket a couple years ago, going WAY too fast on an OC toll road, didn't get arrested at the time, but it almost got really ugly. Even that (which in perspective was pretty tame) scared the chit out of me.

 

I couldn't imagine multiple years in prison hanging over me, my case (at worst) was a month of house arrest.

http://www.friendsofcalholman.com/friends/...d=trial.pagedef

 

Man, I feel so sad for the family of Cal Holman. His death was so pointless, poor man. Married for 51 years, two kids

 

The two other fuckwits need to do some serious time. I'm so angry reading that fucktard Robert Van Wrinkle-whatever's posts....I thought that moron was around 19 years old, turns out he is 42. Looks like a moron too......

So... THose who have followed this... Trial is set to begin October 5.

 

Is it normal to wait this long for the trial to start?

 

 

 

Btw this reminds me of that dude with his Black CLS that got repossesed, what' s up with him (Allan)?????

 

 

Is it normal to wait this long for the trial to start?

 

 

 

Btw this reminds me of that dude with his Black CLS that got repossesed, what' s up with him (Allan)?????

Another total loser... no idea..

Is it normal to wait this long for the trial to start?

 

Normal for here.

 

My old boss lost her son when a female drove into the back of his scooter at 65mph at night.

No death Article here

 

Took over 18 months from incident to conviction.

Another total loser... no idea..

 

 

His keyboard and mouse got repoed