I just don’t understand drinking and driving

Leaving the scene of the accident is a criminal offence all by itself.

That wasn’t reported in the paper.

It would appear that you haven't been in practice for some time.

Interesting to see David have such a liberal [????] view of the situation.

That's not too difficult.

There is the evidence of the people he was with earlier in the evening.

Also, a good set of toxicology tests will be able to pinpoint when he started drinking,
and if there was anything else in his bloodstream that could have impacted his ability to respond.

A sober driver, with good reflexes, can do a decent job of preventing serious injury to someone who jumps in front of a car, let alone someone on a bicycle who might have been swerving (if we believe the things posters here are trying to add to the scenario).

People have to remember that cars can be dangerous. They are weapons when they are controlled by the wrong person.



Don't drink and drive.

If you do, don't expect sympathy.

Publishing his name and address is done in the hopes that a mob will converge on his house. It is outrageous conduct on the part of the state, and it is very common these days......

316.027. Crash involving death or personal injuries

(1)(a) The driver of any vehicle involved in a crash occurring on public or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. Any person who willfully violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) The driver of any vehicle involved in a crash occurring on public or private property that results in the death of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. Any person who willfully violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person who willfully violates this paragraph while driving under the influence as set forth in s. 316.193(1) shall be sentenced to a mandatory minimum term of imprisonment of 2 years.

316.062 Duty to give information and render aid.--

(1) The driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give his or her name, address, and the registration number of the vehicle he or she is driving, and shall upon request and if available exhibit his or her license or permit to drive, to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other property damaged in the crash and shall give such information and, upon request, exhibit such license or permit to any police officer at the scene of the crash or who is investigating the crash and shall render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.

(2) In the event none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (1), and no police officer is present, the driver of any vehicle involved in such crash, after fulfilling all other requirements of s. 316.027 and subsection (1), insofar as possible on his or her part to be performed, shall forthwith report the crash to the nearest office of a duly authorized police authority and submit thereto the information specified in subsection (1).
http://www.jgcrimlaw.com/lawyer-attorney-1492066.html

Still wondering re the circumstances.

"(2) In the event none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (1), and no police officer is present, the driver of any vehicle involved in such crash, after fulfilling all other requirements of s. 316.027 and subsection (1), insofar as possible on his or her part to be performed, shall forthwith report the crash to the nearest office of a duly authorized police authority and submit thereto the information specified in subsection (1)."

It doesn't matter if the cyclist drove right in front of his car, osso.



He still didn't stop . . .

Florida Statute Section 316.027 also addresses the situation in which an accident results in the death of any person involved in the accident. If any person involved in the accident dies at the scene, then the offense of leaving the scene is a first degree felony punishable by thirty (30) years in Florida State Prison.
Under Florida law, the prosecutor must prove the following four elements in order to prove the offense of leaving the scene of a crash involving death:
The person charged with leaving the scene was the driver of a vehicle involved in a crash resulting in death of another person.
The person charged with leaving the scene knew or should have known that he was involved in a crash.
The person charged with leaving the scene knew or should have known of the injury to or death of another person.
Additionally, one of the following must be proven:
The person charged with leaving the scene willfully failed to stop at the scene of the crash or as close to the crash as possible and remain there until he had given "indentifying information" to the other driver, injured person, an occupant of the vehicle, or a person attending the vehicle and to any police officer investigating the crash; or
The person charged willfully failed to give or render "reasonable assistance" to the injured person if such treatment appeared to be necessary or was requested by the injured person.

Quote:

Additionally, one of the following must be proven:
The person charged with leaving the scene willfully failed to stop [??]
at the scene of the crash or as close to the crash as possible and remain there until he had given "indentifying information" to the other driver, injured person, an occupant of the vehicle, or a person attending the vehicle and to any police officer investigating the crash; or
The person charged willfully failed to give or render "reasonable assistance" to the injured person if such treatment appeared to be necessary or was requested by the injured person.

http://www.criminaldefenseattorneytampa.com/PracticeAreas/DrivingTrafficOffenses/LeavingtheSceneHitandRun.aspx

Looks to me like his life is over.........

I wonder if defendant can successfully apply this subsection
in exculpation of his departure from the scene.

If any person involved in the accident dies at the scene

Looks to me like his life is over.........