Wrong way crash, breathalizers and such

Discussion in 'The Pub' started by Dog Boy, Mar 20, 2015.

  1. Dog Boy

    Dog Boy Member

    Messages:
    3,785
    Joined:
    Jan 18, 2008
  2. Polynitro

    Polynitro Member

    Messages:
    23,659
    Joined:
    Apr 18, 2008
    they test everyone involved in a crash. why wouldnt they?
    he'd probably get a DUI if he failed.
    It could have been a factor.

    just because someone drives down the wrong side of the road doesnt give you the right to be drinking and driving.
    In fact the person you want most sober is the guy avoiding the dude driving the wrong way.
     
  3. ESPLTD200FM

    ESPLTD200FM Member

    Messages:
    353
    Joined:
    Jan 12, 2009
    Location:
    Planet Zero
    So they didn't test the driver of the car? Isn't it suspicion enough that they were traveling the wrong way after leaving a strip club that the car's driver should have been tested? Cops get away with murder way too often. Unbelievable.
     
  4. keepingitweird

    keepingitweird Member

    Messages:
    3,961
    Joined:
    May 23, 2010
    Location:
    ATX
    This has "strange" all over it. A few things don't add up.
     
  5. EricPeterson

    EricPeterson Member

    Messages:
    48,211
    Joined:
    Jul 21, 2006
    Location:
    Under the Big Sky
    Well of the 4 people in the car, 2 are dead and 2 are in critical condition, I am not sure if they could have actually got any of them to participate in a breathalyzer. Getting a blood test is a little more complicated.
     
  6. magilla

    magilla Chasing those soulful sounds. Silver Supporting Member

    Messages:
    854
    Joined:
    Feb 12, 2010
    Location:
    San Francisco, CA
    A good point is raised here that I've often pondered.

    Person A is driving negligently and crashed into Person B. It is 100% Person A's fault. They breathalize both of them.

    Person A has had nothing to drink, Person B has alcohol in their system (let's say enough to trigger legal action) OR ... let's say they test him on the spot for marijuana (they apparently can do this with swabs now in certain states, though it goes back 12 or 24 hours ... not the 1 or 2 it should based on the duration of the effects of the drug) and he tests positive.

    Person B is deemed at fault? I'm by no means encouraging or sympathizing with driving while impaired (100% unacceptable), but is it ethical to deem that person at fault? I'm sure it's more granular than this and less black and white, but something I've always wondered about.​

    Sorry to derail thread.
     
  7. Dog Boy

    Dog Boy Member

    Messages:
    3,785
    Joined:
    Jan 18, 2008
    say what?
     
  8. BrewDrinkRepeat

    BrewDrinkRepeat Member

    Messages:
    2,555
    Joined:
    Mar 26, 2007
    I would think that the truck driver would (IMO should!) get a DUI, even if he wasn't found to be even partially at fault for the accident. The fact that the accident was the other driver's fault doesn't negate the fact that he was DUI.

    That said, perhaps he could've avoided it if he'd been sober.
     
  9. Jeff Gehring

    Jeff Gehring Silver Supporting Member

    Messages:
    4,191
    Joined:
    Jan 17, 2008
    Location:
    Kansas City area
    " If they find reasonable suspicion that the men (edit--the occupants of the CAR) were drinking, they'll get a warrant to test their blood samples for alcohol, Royster said."

    I'd think the circumstances of the crash are grounds for 'reasonable suspicion'?
     
  10. EricPeterson

    EricPeterson Member

    Messages:
    48,211
    Joined:
    Jul 21, 2006
    Location:
    Under the Big Sky
    That is not how it works. If person A is at fault, then they are at fault, at best the fact that Person B was intoxicated would be a mitigating factor, then it depends on the state law as it pertains to apportionment of liability and comparative negligence.
     
  11. Polynitro

    Polynitro Member

    Messages:
    23,659
    Joined:
    Apr 18, 2008
    exactly but apparently this is controversial here lol
     
  12. Dereksslide

    Dereksslide Member

    Messages:
    3,306
    Joined:
    Oct 18, 2013
    Location:
    Glasgow, Scotland
    The dead and critically injured people tend to find it hard to blow into a breathalyser.

    I notice they say they will get a warrant for blood tests if there is suspicion they were drinking. If the samples haven't already been taken from the injured that might be pretty pointless, but surely being involved in a fatal head on collision is more than enough evidence of possible drinking to warrant a blood test already?
     
  13. Heinz57Pep

    Heinz57Pep Member

    Messages:
    10,783
    Joined:
    Jun 19, 2013
    There seems to have been an uptick on wrong-way crashes in my area recently. Wondering if it's time to install these on exit ramps:

    [​IMG]
     
  14. zekmoe

    zekmoe Member

    Messages:
    10,021
    Joined:
    Jan 27, 2004
    Location:
    Troy NY
    Near us a few years ago, some wildly drunk underage girls went down a highway the wrong way and crashed into one or two tractor trailers, dying in a fiery crash. You would have been surprised at the outcry against the tractor trailer drivers for driving side by side and not leaving enough space for the drunk moronic criminals to slip by. I was shocked at the people defending the criminal girls, rather than pitying them for their poor choices.
     
  15. Probos

    Probos Gold Supporting Member

    Messages:
    7,183
    Joined:
    Dec 31, 2003
    Location:
    Reston, VA
    [​IMG]

     
  16. Valus

    Valus Member

    Messages:
    1,071
    Joined:
    Sep 28, 2010
    Location:
    Tennessee
    Assuming the tractor trailer driver held a CDL, drug and alcohol testing is required in an accident involving a fatality, IIRC.
     
  17. BrewDrinkRepeat

    BrewDrinkRepeat Member

    Messages:
    2,555
    Joined:
    Mar 26, 2007
    Testing should be mandatory for any crash, not just fatal ones. Ditto a forensic examination on any cellphones to determine if texting was a factor.

    If that's the whole of the story that's absurd.
     
  18. Polynitro

    Polynitro Member

    Messages:
    23,659
    Joined:
    Apr 18, 2008
    law is the law. just because he was in a head-on crash doesnt excuse him from dui....i dont think the cops should just forget about it if he fails the blood test
    even if they do somehow let it slide out of pity the people he drives for wont I bet
     
  19. Dog Boy

    Dog Boy Member

    Messages:
    3,785
    Joined:
    Jan 18, 2008
    I'm pretty sure anyone agrees with that...

    Its this that is kinda strange

    I think the guy you want MOST SOBER is the guy GOING DOWN THE WRONG WAY IN THE FIRST PLACE...

    Thanks for letting me help.
     

Share This Page