I just don’t understand drinking and driving

@izzythepush,

izzythepush wrote:

I know old wives' tales. You either like it or you don't, a good curry house like any good restaurant only uses fresh ingredients

What a snob you are.....

1 Reply

@izzythepush,

izzythepush wrote:

I know old wives' tales. [????] You either like it or you don't,
a good curry house like any good restaurant only uses fresh ingredients

Thay did the same thing in Mexico for the same reason! "Old wives' tales"!

David

0 Replies

@hawkeye10,

You are such an arsehole. So are you saying that curry is a way of hiding the taste of rancid meat as well? Sounds like you're a xenophobe. Or is it that your restaurant uses dodgy ingredients?

1 Reply

@izzythepush,

For the sake of clarity,
I am not suggesting that this REMAINS the reason
for using curry. I hope that u did not think that.

When I got it (finding it painfully unpleasant), it was in quite a decent place.

David

1 Reply

@OmSigDAVID,

I spent a brilliant fortnight in Mexico.

1 Reply

@izzythepush,

I 1ce had a legal secretary named Laura.
(Actually, we had quite a few Lauras.)
She went on a 2 week vacation to Mexico.
She returned to work prematurely.
She said that she had been afflicted
with violent convulsions there,
so she aborted her vacation.
The next day or nite the whole Mexico
started shaking and her hotel fell down.

She had evacuated b4 then.

David

1 Reply

@OmSigDAVID,

OmSigDAVID wrote:

She had evacuated b4 then.

Evacuated what, herself or her bowels?

1 Reply

Innocent until proven guilty. If someone would provide the link with Thom's toxicology numbers I might believe he was impaired or drunk if the report states as such. Driving the block and half to retrieve a phone to call for help doesn't sound like someone fleeing a scene. He has no obligation to provide medical treatment. FYI, whether riding a bike, moped or driving a car, your to obey all traffic laws. If you roll through a stop sign, run a red light or DUI on a bike its the same points and fines as if driving a car. You will be arrested. Who's to say the victim was driving west against traffic? Did he have lights front and back which is required by law? Lets wait and see what his (both parties involved) alcohol level was and afore mentioned points so blame can be placed properly. A prosecutor can get a grand jury to indite a ham sandwich. Just because your charged with a crime, doesn't mean your guilty.

2 Replies

@redguitar,

Well he didn't have to drive home to make the call, he could have stopped and used the cell he had on him.

1 Reply

@redguitar,

Quote:

Driving the block and half to retrieve a phone to call for help doesn't sound like someone fleeing a scene. He has no obligation to provide medical treatment

Under Florida law, he was required to stop his car and to provide medical assistance, of some sort, to the victim.

Quote:

Who's to say the victim was driving west against traffic?

The press release stated the victim and the car were both traveling in the same direction.

Quote:

If someone would provide the link with Thom's toxicology numbers I might believe he was impaired or drunk if the report states as such.

There is no "if the report states as much"--he is charged with DUI, the criminal complaint did state "as such", and likely included the BAC level to justify the charge. A judge also accepted the charges as being justified and consistent with the criminal complaint.

Quote:

A prosecutor can get a grand jury to indite a ham sandwich

A grand jury was not involved in this case. The prosecutor filed the charges.

Quote:

Just because your charged with a crime, doesn't mean your guilty.

That's true. It also doesn't mean you are innocent, that you did not commit the acts with which you have been charged.
Being charged simply means the final legal disposition of the case has not yet been determined and there has been neither an acquittal or a conviction.

2 Replies

@firefly,

Well said Firefly, love reading your comments Razz

1 Reply

@EqualityFLSTPete,

Thank you. It was very nice of you to say that.

0 Replies

@izzythepush,

OmSigDAVID wrote:

She had evacuated b4 then.

izzythepush wrote:

Evacuated what, herself or her bowels?

Probably both (, but u knew that).

0 Replies

@Sloan,

Oh, he had his phone on him. And you would know this because...?

0 Replies

@firefly,

Let me help you. I have witnessed the fatal accidents and never provided medical assistants. Two, too much blood and the third decapitated. Never called for help nor provided medical treatment. Never left the scene and told the police what happened. No arrest of myself was made. Many Dr.s won't provide their asst. outside an office or hospital because of law suits. If the victim's injuries are not life threatening but your asst. result in further injury, they can sue your ass off. Like the burglar who breaks into a business, slips on a napkin and breaks his leg, will sue the owners for 100.000 and some judge will rule in the perps favor.
Press release. I don't believe everything I read. Sorry to hear you do. Guess you think Dewey was our 34th president
Since you were unable to send a link with his BAC, how about the FL stature number about the medical asst. I've helped you this time by giving the letters. If the word "if "is used in the stature please understand what if means. If he drove a block and a half home to call for help, (lets assume facts not known as you do) walked back to the accident, then he made a mistake. We all make mistakes. Have you ever? Never panic and do the wrong thing? Heard of Monday morning quarterback? But maybe he did the best he could. The paper didn't say Dr. Swift.
The ham sandwich was a little pun. They don't convene grand juries in the middle of the night. And I don't have time to explain the grand jury system. Sorry it went over your head. Try Ask a Lawyer.
Last but not least, before an acquittal or conviction, it could be charger dropped or reduced. The judge that night was busy. The next will hear the evidence.

1 Reply

@redguitar,

Swift is charged with violating statutes
316.193(3)(C)(3)(B)/F--DUI MANSLAUGHTER- LEAVING THE SCENE
and
316.027(1)(B)/F --(this statute also requires that statute 316.062 be fufilled)--LEAVE SCENE OF CRASH INVOLVING DEATH.

In addition, he received a traffic citation for Careless Driving which is being combined with his criminal case.

Quote:

The 2011 Florida Statutes

Title XXIII
MOTOR VEHICLES Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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).
(3) The statutory duty of a person to make a report or give information to a law enforcement officer making a written report relating to a crash shall not be construed as extending to information which would violate the privilege of such person against self-incrimination.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.062.html

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. A person who is arrested for a violation of this paragraph and who has previously been convicted of a violation of this section, s. 316.061, s. 316.191, or s. 316.193, or a felony violation of s. 322.34, shall be held in custody until brought before the court for admittance to bail in accordance with chapter 903. 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 commits such a violation 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.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.027.html

Quote:

DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.
Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above.
http://www.flhsmv.gov/ddl/duilaws.html

Quote:

Manslaughter and Vehicular Homicide-s. 316.193 (3), F.S.

DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years imprisonment).
http://www.flhsmv.gov/ddl/duilaws.html

Quote:

We all make mistakes. Have you ever? Never panic and do the wrong thing?

I can't imagine hitting someone with my car and not immediately stopping my car to see how badly the person was injured, and to see if they needed help, even if that was not required by law.

But, being drunk doesn't improve one's judgment about what to do in that situation, does it? And Swift is charged with DUI.

If you are trying to make a point, apart from simply displaying your ability to be an insulting smart aleck, I fail to see what it is.

The man faces very serious charges which, so far, after several court hearings, have not been dropped or reduced. The outcome of his case remains to be seen.

2 Replies

OmSigDAVID wrote:

Its a shame for Tom that he was not able to contact his attorney
b4 he spoke to the police.

David

That would have been an illegal act. One would think these kinds of mandatory immediate reporting laws would be UnConstitutional on the grounds that the state can not demand self incrimination, but that would be wrong by way of the twisted logic that is used to support these abuses of the state.

2 Replies

@hawkeye10,

OmSigDAVID wrote:

Its a shame for Tom that he was not able to contact his attorney
b4 he spoke to the police.

David

hawkeye10 wrote:

That would have been an illegal act. One would think these kinds of mandatory immediate reporting laws would be UnConstitutional on the grounds that the state can not demand self incrimination, but that would be wrong by way of the twisted logic that is used to support these abuses of the state.

I have a hunch that the First Amendment
and the 13th figure in there somewhere.

Note that I was not implying
that he shud have waited until the next day, like Ted Kennedy did.
Its too bad that he coud not get emergency legal counsel.

It woud have been an interesting pattern of facts
if he had gone home, called police, and had taken
a bottle of good Scotch back to the site of ax,
where he used it openly to calm his nerves
( while standing away from his car )
while he awaited arrival of police and ambulance.

Possibly, Barry might have asked him for some,
if he were still able.

I suspect that he 'd have brought about a case of first impression,
making new case law in the court adjudicating his case.

David

1 Reply

@OmSigDAVID,

Mandatory reporting laws might have been OK until the state decided to make DUI assumed guilt without oven the opportunity to prove innocence for anything bad that happened during the drive, at that point these laws became clearly unconstitutional.

0 Replies

@firefly,

Quote:

and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062.

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.

How do you both remain on the scene and take the person for medical aid!!!!

You have to give a sad laugh here and the same lack of logic go to leaving the scene to go summary help.

You guilty of breaking the law one way or another if you read this crazy law at face value.

Sorry I am not allow to leave the scene driver however cyclist you are require to leave the scene to take me to medical aid if I request it................

1 Reply

I just don’t understand drinking and driving

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