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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Unfortunately, if the driver of the golf cart had been drinking, it will be used by the defense to try to mitigate blame and establish shared negligence. Did cart have tail lights and were they operating properly that night? Was the golf cart operating in a safe and predictable manner?

Further, the woman denied a field sobriety test. If the blood draw is inconclusive, this is downgraded to reckless driving. Maybe involuntary manslaughter if the prosecutor is feeling spicy.

If there’s any degree of contributory negligence, it will probably help the driver in lowering a potential prison sentence.[/quote]

As a former prosecutor with extensive experience prosecuting DUIs, I have to assume you don’t have any at all and maybe are making things up - out of your bum.

I wouldn’t even consider offering a deal in this case, I would charge the maximum under the law and I would feel very confident of the likelihood of getting a jury to endorse the charges, even in the absence of a BAC. The facts of the case are so horrific the jurors will be twisting in their chairs chomping at the bit to get to deliberations and the verdict form.

This case really disturbs me having attended a lovely wedding of a similar age couple just last September. It was such a magical ceremony and reception, so much loving energy if it had ended this way I can imagine many of us there would have experienced a real trauma from which we would struggle to recover. I cannot imagine the pain of her family and his and their many beloved friends. [/quote]

There was a famous case in Miami involving a drunk driving NFL player hitting and killing a pedestrian. The NFL player essentially got off with a slap on the wrist because the pedestrian was [also] at fault. He went on to play in the NFL again.

[Illegally] driving golf carts on a road is very, very dangerous; drunk drivers or not.[/quote]

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