Quote:
Originally Posted by john60ri
If she gets jail time, the state will not retry.
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I agree. My feeling is that the judge will look harshly upon the negligence charge since Ms. Blizzard didn't step-up and admit her guilt regarding the BUI charge. If my hunch is correct, Blizzard will get a stiff sentence and the state won't feel obligated to retry her on the BUI charge. The only problem with this outcome is that no real good comes from it. Had Blizzard owned up to her mistake, she could have become an advocate against BUI in the schools and communities surrounding Lake Winnipesaukee and probably avoided jail time. Now she likely will spend a number of years in the penal system costing the taxpayers big bucks with no positive coming from her recklessness.
Remember, when sentencing on the negligence charge the judge will likely have her own opinion on Blizzard's quilt regarding the BUI charge. She heard the same evidence during the trial and she will not dismiss the .15 BAC evidence as readily as the some members of the jury. She also will take into account Blizzard's reckless driving. I think she will get 5-years.