As a long time fan of tv shows Dragnet & Perry Mason, it seems like the numerical blood alcohol level is a very important number as to how the State of NH decides to prosecute any motor vehicle, driving related death.
What is the threshold blood alcohol level for DUI in this specific boating incident? Is it 0.08?
So, if the Belknap County Attorney can present the court and jury of 12 a blood alcohol level of .08 as opposed to .0799, it legally makes a big change in how the attorney designs their plan of prosecution.
With a local jury of 12 intelligent & serious jurors, isn't it a distinct possibilty they decide 'not guilty' in consideration of all the pain and suffering already endured? By incarcerating the indicted boat driver, who is the State of NH punishing and who is the State protecting? What is the mission of the State of NH's system for justice in a criminal case like this one?
As we all know, the deceased women was not a stranger but a very close friend of the boat driver. If the deceased person was the mother or sister of the boat driver, would that substantially change the State's plan of prosecution? Does the relationship between the two have any bearing on the prosecution or on the jury's decision?
If the blood alcohol level is 0.08, does that in the mind of the prosecutor, who follows state legal procedure, basically trump a death of a close friend relationship as the prosecutor designs his plan of prosecution?
If Perry Mason were teaching a first year classroom of law students, what would he say?
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