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Possible drunk driver escapes charges by fleeing scene

01/17/2006, 5:07 PM

By admin

The teenager who drove her car into Matt Schmill escaped a potential felony sentence by fleeing the scene as the 23-year-old man lay dying, reports the Omaha World-Herald. When authorities arrested Susan Papst four hours later, they could no longer determine whether she had been legally drunk at the time she hit the Omaha man. That option would no longer be available under two bills introduced by an Omaha lawmaker, which makes it a Class IIIA felony to flee the scene of a fatal accident. Nebraska is one of only seven states in which it is not a felony to flee the scene of a personal injury accident. Should all states have stricter rules regarding leaving the scene of an accident? Post your thoughts in the comment section…

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01/17, 5:26 PM

posted by:

Angel Rivera

Raise the bac level at which you’re legally drunk from 0.08 to 0.14. Then toughe nup the laws. .08 is a joke.

Angel

01/17, 5:58 PM

posted by:

mike

That’s a ridiculous comment. Have you been hit by a drunk driver? I have. Thankfully, I was in a car, and I’m ok. But .08 isn’t a joke. You’re a joke for suggesting that people who are obviously impaired should be able to endanger citizens who are smart enough to drive sober.

01/18, 11:47 AM

posted by:

Willian

Angel Rivera, please define “Seriously intoxicated”
For some 2 bottles of beer is way to much…
Are you suggesting that DMV shoud set individual BAC for every driver?

01/18, 2:34 PM

posted by:

Angel Rivera

William,

I do not have all the answers. Unfortunately, or maybe fortunately, some people get drunk quicker than others. There are many factors, from weight to gender. I am not advocating drunken driving, that is unnacceptable behavior.

According to the New York BMV, a young driver with a BAC of .08 is more than 6 times more likely to have an accident than a more experienced driver with the same BAC.

I don’t know the solution, but all I’m advocating for is that a 40-year old man that had 2 beers and is driving home fine, but gets pulled over for a rolling stop at a stop sign and blows .08 should not get a DUI too.

Current case law in many states means that this guy gets off anyways, but it’s technically illegal. I don’t want intoxicated drivers on the road, however, we must be careful in defining the BAC leverl at which we find someone to be in a state of intoxication.

Angel

http://www.ny.gov/governor/press/03/july1_1_03.htm\

 
 
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