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The Benz Driver who killed the guy in Scottsdale


Allan-Herbie
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A garden variety felony DUI in Arizona carries pretty heavy prison time (I know of one woman who spent 12 months in prison for a 2nd DUI (which happened to be a felony) . With someone dead I still say the penalty will be even more harsh. It all depends on how far they push the marijane issue, IMHO.

 

Yes but there is so much more to this case...not sure if you read the whole thread, the person who died was making a left turn into oncoming traffic in a manner that put him in harms way.. it's almost like running a Red light and hitting Two folks that allegedly were racing...

 

My whole point here is that it's not such a slam dunk case as some made it to be Two years ago, the prosecution will face numerous challenges trying to prove that a RACE took place even if one of the Two defendants will admit he was racing the other can claim that he was merely "keeping up with the traffic pace" and that the other defendant benefits directly from the race admission etc etc..

 

Additional line of defense will be questioning the ability of the late Mr Holman to operate a vehicle in a safe manner at the time, they will subpoena his medical records, drug prescriptions, eye exams, driving record and will even bring into play the condition of his antique vehicle and the contribution of the lack of safety devices to the fatal outcome of the collision.

 

Plea bargain makes sense for all involved, it benefits the prosecution as it is a high profile case that will be very embarrassing to lose and it benefits the defendants by saving them costs and allowing them to control the outcome of the case...

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Yes but there is so much more to this case...not sure if you read the whole thread, the person who died was making a left turn into oncoming traffic in a manner that put him in harms way.. it's almost like running a Red light and hitting Two folks that allegedly were racing...

 

My whole point here is that it's not such a slam dunk case as some made it to be Two years ago, the prosecution will face numerous challenges trying to prove that a RACE took place even if one of the Two defendants will admit he was racing the other can claim that he was merely "keeping up with the traffic pace" and that the other defendant benefits directly from the race admission etc etc..

 

Additional line of defense will be questioning the ability of the late Mr Holman to operate a vehicle in a safe manner at the time, they will subpoena his medical records, drug prescriptions, eye exams, driving record and will even bring into play the condition of his antique vehicle and the contribution of the lack of safety devices to the fatal outcome of the collision.

 

Plea bargain makes sense for all involved, it benefits the prosecution as it is a high profile case that will be very embarrassing to lose and it benefits the defendants by saving them costs and allowing them to control the outcome of the case...

 

:iamwithstupid:

 

 

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  • 3 months later...

Van Brackel has plead GUILTY to Felony MANSLAUGHTER. Faces 12 and a half years in prison. Sentencing is in May.

 

This began in DECEMBER OF 2007... By the time Van Brakel is sent to prison it will have been 29 months....

 

Most likely sentence now is 5 years in prison, although that could go higher.

 

 

So long blumax....

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Van Brackel has plead GUILTY to Felony MANSLAUGHTER. Faces 12 and a half years in prison. Sentencing is in May.

 

This began in DECEMBER OF 2007... By the time Van Brakel is sent to prison it will have been 29 months....

 

Most likely sentence now is 5 years in prison, although that could go higher.

 

So long blumax....

 

Ohhhhhhhhh rakjoe...

 

This was an easy call from the beginning. The crackdown on street-racing was already in full gear when this fool made a mistake in judgement and now he's going to pay for it the same as if he had taken a few shots before getting behind the wheel and killing someone. Hopefully it sets an example that others can learn from, certainly the sobering thought of prison is enough to keep most of us from playing John Force between stop lights.

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  • 4 weeks later...

Robert Van Brakal was sentenced to 5 years in Prison.

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  • 4 months later...

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