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Dec 30th, 2023
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 Re: How is this gonna play out??
[Re: TR176]
#12869290
08/19/18 02:36 PM
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Joined: Jan 2004
Posts: 74,875
Mark Perry
Super Freak
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Super Freak
Joined: Jan 2004
Posts: 74,875 |
What is the penalty for a minor driving drunk? Since the standard is 0 etoh. It’s going to cost the drivers family a lot more than the deductible. Maybe part of his penance will be to pay your losses. That kid probably just cost his family a minimum of $15000-20000 just dealing with the DUI part. Throw in much increased insurance rates and restitution if any and that number will climb.
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Re: How is this gonna play out??
[Re: JavelinJ]
#12869294
08/19/18 02:38 PM
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Joined: Jun 2002
Posts: 4,550
Jman
TFF Team Angler
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TFF Team Angler
Joined: Jun 2002
Posts: 4,550 |
I’m not educated enough to comment about the insurance aspect. But I do know that a prosecutor can extrapolate the readings based upon how long after police get evidence of the DWI. In other words, they have a formula that is standard practice to use to determine the BAC at the time of the accident when the reading, either blood drawn or breathalyzer, is taken some time after the accident.
Not sure how that might play out in this case since the driver was underage but something to possibly consider nonetheless.
Jim Featherston
Mortgage Loan Officer - NMLS 2509901
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Apply at: RDHLoans.com/Jim
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Re: How is this gonna play out??
[Re: Jman]
#12869303
08/19/18 02:47 PM
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Joined: Apr 2006
Posts: 26,734
outfishdya
TFF Guru
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TFF Guru
Joined: Apr 2006
Posts: 26,734 |
I’m not educated enough to comment about the insurance aspect. But I do know that a prosecutor can extrapolate the readings based upon how long after police get evidence of the DWI. In other words, they have a formula that is standard practice to use to determine the BAC at the time of the accident when the reading, either blood drawn or breathalyzer, is taken some time after the accident.
Not sure how that might play out in this case since the driver was underage but something to possibly consider nonetheless. for a minor, I believe any trace amount of alcohol is DUI so it shouldn't matter what he blows in the BA. Insurance will cover, but costs will go up. Good thing no other vehicles are involved.
Sometimes a bitter man trying to be a better man
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Re: How is this gonna play out??
[Re: WAWI]
#12869311
08/19/18 03:00 PM
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Joined: Mar 2014
Posts: 30,584
Duck_Hunter
house cleaner
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house cleaner
Joined: Mar 2014
Posts: 30,584 |
Its gonna be a mess, probably an expensive one if I had to guess. Glad everyone's ok.
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Re: How is this gonna play out??
[Re: Jman]
#12869314
08/19/18 03:02 PM
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Joined: Mar 2014
Posts: 30,584
Duck_Hunter
house cleaner
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house cleaner
Joined: Mar 2014
Posts: 30,584 |
I’m not educated enough to comment about the insurance aspect. But I do know that a prosecutor can extrapolate the readings based upon how long after police get evidence of the DWI. In other words, they have a formula that is standard practice to use to determine the BAC at the time of the accident when the reading, either blood drawn or breathalyzer, is taken some time after the accident.
Not sure how that might play out in this case since the driver was underage but something to possibly consider nonetheless. Good points, but couldn’t the kid claim that he started drinking after he wrecked the vehicle? He was tested 3.5 hours after the wreck occurred. I’m sure he already incriminated himself, and there are witnesses that will say he was drinking earlier before the wreck.
Last edited by Duck_Hunter; 08/19/18 03:02 PM.
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Re: How is this gonna play out??
[Re: Cast]
#12869330
08/19/18 03:25 PM
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Joined: Apr 2008
Posts: 10,550
JavelinJ
OP
TFF Guru
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OP
TFF Guru
Joined: Apr 2008
Posts: 10,550 |
Just wondering why his keys weren’t in his pocket? We live in the sticks. We leave the keys swinging in everything we own. Probably not smart, but it's just the way we have always lived out here.
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Re: How is this gonna play out??
[Re: JavelinJ]
#12869355
08/19/18 04:11 PM
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Joined: May 2010
Posts: 5,295
2014NITROZ-7
TFF Celebrity
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TFF Celebrity
Joined: May 2010
Posts: 5,295 |
Maybe this will be a lesson to all of you living in the sticks to change this practice.
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Re: How is this gonna play out??
[Re: JavelinJ]
#12869373
08/19/18 04:50 PM
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Joined: Apr 2004
Posts: 1,792
whnigt
Extreme Angler
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Extreme Angler
Joined: Apr 2004
Posts: 1,792 |
Who supplied the alcohol to these minors? They should be held responsible also.
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Re: How is this gonna play out??
[Re: whnigt]
#12869377
08/19/18 04:52 PM
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Joined: Jan 2006
Posts: 33,100
Scagnetti
TFF Guru
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TFF Guru
Joined: Jan 2006
Posts: 33,100 |
Maybe this will be a lesson to all of you living in the sticks to change this practice. Who supplied the alcohol to these minors? They should be held responsible also. Both good points
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Re: How is this gonna play out??
[Re: JavelinJ]
#12869395
08/19/18 05:16 PM
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Joined: Jul 2010
Posts: 81,441
banker-always fishing
Pumpkin Head
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Pumpkin Head
Joined: Jul 2010
Posts: 81,441 |
Depends on the coverage you have on the truck! If it was fully insured you should be covered for other driver. Let your insurance company figure it out. You pay for it,let them do the work!  Side Note: Glad no body was hurt! 
![[Linked Image]](http://imagizer.imageshack.us/v2/xq90/823/ycku.jpg) ![[Linked Image]](http://imagizer.imageshack.us/v2/xq90/560/ukw3.jpg) IGFA World Record Rio Grande Cichlid. Lake Dunlap. John 3:16 Sinner's Prayer. God forgive me a sinner. I accept Jesus Christ as my Savior !
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Re: How is this gonna play out??
[Re: JavelinJ]
#12869713
08/20/18 01:00 AM
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Joined: Feb 2004
Posts: 28,471
Okie Poke
TFF Guru
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TFF Guru
Joined: Feb 2004
Posts: 28,471 |
Not a good scenario for either family. It is unfortunate but it will cost you, too, just not as much as the DUI guy.
😎 Dallas Cowboys....eventual Superbowl Champions 😎
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Re: How is this gonna play out??
[Re: JavelinJ]
#12869748
08/20/18 01:54 AM
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Joined: Jun 2002
Posts: 13,417
MBradford
TFF Guru
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TFF Guru
Joined: Jun 2002
Posts: 13,417 |
I'd like to know how they are going to prove the kid was intoxicated at the time of the wreck from a test administered 3.5 hours later?
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Re: How is this gonna play out??
[Re: MBradford]
#12869756
08/20/18 02:10 AM
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Joined: May 2007
Posts: 45,355
WAWI
TFF Guru
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TFF Guru
Joined: May 2007
Posts: 45,355 |
I'd like to know how they are going to prove the kid was intoxicated at the time of the wreck from a test administered 3.5 hours later? They wont, family will lawyer up and it will get pled down is what I suspect. Prolly be expensive.
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Re: How is this gonna play out??
[Re: MBradford]
#12869757
08/20/18 02:12 AM
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Joined: Apr 2008
Posts: 45,676
CCTX
mapquest
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mapquest
Joined: Apr 2008
Posts: 45,676 |
I'd like to know how they are going to prove the kid was intoxicated at the time of the wreck from a test administered 3.5 hours later? Good, expensive representation might get the DUI minimized if the judge is feeling generous Unless, he’s already made a statement.
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Re: How is this gonna play out??
[Re: JavelinJ]
#12869765
08/20/18 02:17 AM
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Joined: Mar 2004
Posts: 10,785
Team Skeeterless
TFF Guru
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TFF Guru
Joined: Mar 2004
Posts: 10,785 |
Being a one vehicle accident and kid not at the scene I doubt they soend too much time trying to prosecute. It will be pled down most likely. Totally different if injuries or other vehicles were involved.
Glad no one was hurt. Again insurance will cover the vehicle and property damage done to fence and such. Insurance can then subrogate to drivers insurance.
Nick Larsen
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