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Post by dgriffin on Oct 5, 2008 15:01:13 GMT -5
Swimmy, thanks and a "Yeah, but." I meant the codified law allows for a dui charge without a BAC, right?
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Post by dgriffin on Oct 5, 2008 15:03:46 GMT -5
I am assuming that the state police lab worked the numbers back to the time of the accident. He would surely have been charged if there was any chance he was even driving while impaired, much less DWI. Clipper, the way I read it, the .04 was measured 3 hours later. I could be wrong. My head doesn't work well on Sunday and my source is the OD.
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Post by Swimmy on Oct 5, 2008 15:41:46 GMT -5
Swimmy, thanks and a "Yeah, but." I meant the codified law allows for a dui charge without a BAC, right? To the best of my recollection, yes.
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Post by Clipper on Oct 5, 2008 16:55:28 GMT -5
I know that the blood was drawn 3 hours later, I simply meant that I imagined that the calculations took that three hours into consideration when coming up with a reading. I could be wrong.
It just seems that they would have made the charge stick, if McNamara had the ammunition to do so, considering that the allegations had been so strong in the early part of the investigation.
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Post by rrogers40 on Oct 5, 2008 17:42:27 GMT -5
What I hate is that in the articles were he was being charged they opened them up for comment- now that he's not being charged and the OD is eating its words- they are not opening up the articles for comment.
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Post by clarencebunsen on Oct 6, 2008 6:06:56 GMT -5
I still think that in this case it is law enforcement (particularly the DA) eating their words and not the OD.
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Post by Swimmy on Oct 6, 2008 6:48:10 GMT -5
I disagree. The DA and law enforcement are certainly eating their own words. But so is the OD for sensationalizing and convicting this guy of dwi without any proof.
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Post by dgriffin on Oct 6, 2008 7:50:58 GMT -5
Swimmy, I'll defer to your judgment regarding your reading of the OD articles and how they treated the available information. But a woman was killed in a car driven by a relative, the wife injured(seriously, I think), an arson ensued and something obviously went wrong early in the investigation. I'd say that's fodder for many news articles and deserving of coverage. Again, I did not read the stories.
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