Re: drunk vs 2 cyclists

On 8/31/2024 12:51 AM, John B. wrote:

On Fri, 30 Aug 2024 16:22:27 -0500, AMuzi <am@yellowjersey.org> wrote:
 

On 8/30/2024 7:30 AM, AMuzi wrote:

https://www.nbcphiladelphia.com/news/local/nhl-player-johnny-gaudreau-brother-matt-gaudreau-killed-by-suspected-drunk-driver-in-nj-police-say/3956186/

>
Further details now:
https://www.dailymail.co.uk/sport/nhl/article-13797391/johnny-gaudreau-death-crash-sean-m-higgins-brother-matthew.html
>
Ten years maximum each under the charges?  Seems light to me.

  Reading the above it sounds as though the "drunk" driver was not
tested for booze. Here the first thing the cops will do in an accident
is breath test everyone involved. Booze on the breath will likely
ensure the maximum sentence.

If not by observation/field test or breath analysis on scene, a blood draw shortly after is the usual practice. In most States this is required and refusal is itself a crime.
That said, People Of Note (politicians, police officials, etc) can usually count on a half a day delay before 'testing' after a suspected drunk driving incident.
Particulars not mentioned but driving while impaired is a listed charge against him at any rate and police won't recommend that charge without some basis.
In this case the vehicle was operated with an open alcohol container (crime) and he passed on the right (traffic violation) and did not take due care (hit them; crime) all of which are willful acts.  A driver suffering a stroke or heart attack is different in that it's not willful.
--
Andrew Muzi
am@yellowjersey.org
Open every day since 1 April, 1971