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Old 09-25-2008, 02:32 PM   #125
VitaBene
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Originally Posted by Woodsy View Post
WOW!

I am not going to defend the guy here, he was drunk and ultimately he killed two people and injured another. However, I think people should take emotion out of it and look at this a little more objectively!

So what if he has 22 speeding tickets? We don't know the circumstances surrounding them. 22 tickets since he started driving (the paper says he is 39 so you gotta figure he has been driving 23+ years) or 22 tickets in the last 3-5 years? Where the tickets issued for doing 40MPH in a 30MPH zone? Or were they issued for doing 80MPH in a 55MPH zone? The reason they were not allowed at trial was because the judge doesnt see any relavance to this accident... I tend to agree with the judge.

If he had a prior DWI... well, thats a different story and that would no doubt be admissable!

I also agree with the deadlocked jurors... I would find it hard to convict someone of vehicular manslaughter if the possibility exists that the victim put themselves in harms way... especially when the boat that was struck is black!! Witnesses for both the prosecution and defense testified that the boat that was struck did not have its stern light on! If the light was in fact off, then 14' boat INTENTIONALLY became a hazard to navigation.

Maybe its me, but sitting in the middle of a lake in a black boat with no stern light during no-light or very low-light conditions is just plain STUPID!

I totally agree with the jurors on the aggravated DWI convictions... no way he was sober! I am surprised they only charged him with 2 counts instead of 3! I thought the girl with him on the boat broke her elbow, and that would qualify for a 3rd count.

All in all its a sad situation for all involved.... 2 people dead, and 3 families that will NEVER be the same!!


Woodsy

Woodsy I am not going to argue the no stern light issue, that is horrible. Also youa are correct-the boat was black. That being said, he was going too fast.... for the conditions because if the conditions allowed (moon) he would have seen the other boat. He was drunk (proven guilty), therefore IMO, a menace. Regardless, I don't want to share the lake with him!

I am not saying he was guilty, only that I hope they re-try it.

Regarding the tickets, I am 44, have a Class A CDL, drive between 40-50K miles a year and have 2 speeding tickets (and I am no slowpoke!). When I see 22 tickets I wonder how many times did he not get stopped.
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