GrahamS2 Posted January 19, 2018 Posted January 19, 2018 Surely the alcohol levels drop at a predictable rate, so it should be possible to extrapolate his levels at the time of the accident?Maybe one of the legal guys here can explain the 2 hour rule as I've never quite understood it. Surely if you are still over the limit after 2/3/4 hours, then you were definitely over the limit at the time of the incident?
eccc whippet Posted January 19, 2018 Posted January 19, 2018 lets wait and see...only a couple days left till we know what is going to happen.
Ferro Posted January 19, 2018 Posted January 19, 2018 Does the degree of being over the limit matter? Aren't you either over the limit or not?
Bonus Posted January 19, 2018 Posted January 19, 2018 Why wasn't he breathalyzed at the scene of the crime? Even if there was a follow up blood test to confirm? Surely to goodness it's not a case of him refusing to be breathalyzed and insisting on a blood test in the hopes that the test will drag on long enough for him to sober up?
Fast Forward Posted January 19, 2018 Posted January 19, 2018 Drunk driving implies that a persons abilities are influenced. Its a factual question - ie. Slurred speech, cant walk straight etc...This is normally the main count and more serious. The alternative count is that of being over the limit and this is where the 2 hour rule applies. The blood/alcohol results may be used as evidence in the main count even just to show that alcohol/drugs was in the blood.Culpable homocide implies negligence. The test being one of a reasonable person. How would a reasonable driver in the same situation have acted.I know of no case where a conviction of murder took place for a motor vehicle accident. The prosecution have tried such prosecutions in the past but failed. The problem is to prove the intentional killing of another.
Tabula Rasa Posted January 19, 2018 Posted January 19, 2018 Does the degree of being over the limit matter? Aren't you either over the limit or not?Does any of that matter when 2 people are DEAD? The guy is yet to give evidence so hopefully the prosecutor gets to work him over good.
Monark Posted January 19, 2018 Posted January 19, 2018 Does any of that matter when 2 people are DEAD? The guy is yet to give evidence so hopefully the prosecutor gets to work him over good. There is no way he is giving evidence... right to silence and all... I hope the state has not dropped the ball.
Patchelicious Posted January 19, 2018 Posted January 19, 2018 Does any of that matter when 2 people are DEAD? The guy is yet to give evidence so hopefully the prosecutor gets to work him over good.Yes it does matter. It matter because of the charge type, it matter because if you kill somebody by accident when sober, it differs from when you are drunk and shouldn't be driving. Emotions are high here, but lets try and keep some level of rationality as being irrational wont help unfortunately, we are all on the same team here.
Patchelicious Posted January 19, 2018 Posted January 19, 2018 There is no way he is giving evidence... right to silence and all... I hope the state has not dropped the ball.The article say he is expected to give evidence:The State closed its case and the trial has been postponed to March for the defence to try to locate other witnesses to the accident.Ramnarain is expected to give evidence.The state will in all likelihood drop the ball somewhere. Their job is tougher than the defences
Uni Posted January 19, 2018 Posted January 19, 2018 Question, with the case being in progress, or now postponed - is it wise to be discussing this in a public forum? Would you guys not just be giving the dickass and his friends / defence team a heads up on things to counter and prepare answers for?
TheKaiser Posted January 19, 2018 Posted January 19, 2018 Question, with the case being in progress, or now postponed - is it wise to be discussing this in a public forum? Would you guys not just be giving the dickass and his friends / defence team a heads up on things to counter and prepare answers for? Hmmmm...........
Patchelicious Posted January 19, 2018 Posted January 19, 2018 Question, with the case being in progress, or now postponed - is it wise to be discussing this in a public forum? Would you guys not just be giving the dickass and his friends / defence team a heads up on things to counter and prepare answers for?With all due respect to us arm chair attorneys, I can promise you every scenario we speak of they have thought of, it’s their jobs. We won’t be giving anything away here. Unless you directly involved in the case, I see no risk.
Edition 507 Posted January 19, 2018 Posted January 19, 2018 With all due respect to us arm chair attorneys, I can promise you every scenario we speak of they have thought of, it’s their jobs. We won’t be giving anything away here. Unless you directly involved in the case, I see no risk.True, and we are not discussing anything that has not been made public in the newspapers already.
dev null Posted January 19, 2018 Posted January 19, 2018 Explain this to me: Why the need to wait for a Doctor to do the blood test. Surely there are pathology labs on 24 hour service in Durbs that could also do this test.
Tabula Rasa Posted January 20, 2018 Posted January 20, 2018 The article say he is expected to give evidence:The State closed its case and the trial has been postponed to March for the defence to try to locate other witnesses to the accident.Ramnarain is expected to give evidence.The state will in all likelihood drop the ball somewhere. Their job is tougher than the defences Ffs. Sent from my LG-D855 using Tapatalk
Tabula Rasa Posted January 20, 2018 Posted January 20, 2018 Yes it does matter. It matter because of the charge type, it matter because if you kill somebody by accident when sober, it differs from when you are drunk and shouldn't be driving. Emotions are high here, but lets try and keep some level of rationality as being irrational wont help unfortunately, we are all on the same team here.Fair enough. I am being emotional. Sent from my LG-D855 using Tapatalk
Recommended Posts
Archived
This topic is now archived and is closed to further replies.