rmalarz wrote:
Thom, you bring up some very good points. An attorney friend of mine even argued the difference between .08 and .1 is negligible. However, the limit is .08, not .082. Additionally, there seem to be drugs involved, as well. That along with the severity of the accident seemingly downplayed.
MAD is an entirely different point of contention.
Another issue is the trial experience of the newly appointed judge, along with some interesting entangled associations.
--Bob
It''s not exactly illegal to drive with higher that .08. If your blood alcohol is under .08 you are presumed to not be under the influence. You can still be arrested if the cop feels you are under the influence, but they will have an uphill battle convicting you. If you are over .08 you are presumed to be under the influence, and it's up to you to prove that you aren't, and you will have a very uphill battle proving that. If you fail a field sobriety test and then test over .08, you are probably toast. I don't know how an accident affects this. I do know that an injury can turn it into a felony. While I like Nancy, I know no details, and am not defending anyone.