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Old 06-08-2009, 06:43 AM   #14
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In hope of demonstrating a driver had been negligent to a jury of 12, in a case where no alcohol or drugs were involved, couldn't the prosecution take a look at the driver's driving history? Negligence is a lack of concern and responsibilty which translates to how safely you drive and could be documented by any prior violations.

So, I wonder if the past driving record is presented for the jury or judge to consider in determining negligence? I can remember reading that the 20-something male driver did have a lengthy list of prior driving violations. If someone just has a bad-no care attitude, it would seem to me they do not need to be legally drunk to be a negligent driver.
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