Quote:
Originally Posted by philfree
The guy screwed up bad and I'm not making excuses for him but how would the prosecution know what his BAC was 30 minutes before the accident? Why would they allege that unless he actually tested below the legal limit later?
|
I'm guessing they used his Blood sample that was drawn at the hospital, an hour or so after the crash and then calculated what his level was by the standards established for alcohol to metabolize. It is strange they would use 30 minutes before the crash as their guidelines, unless there is evidence he was driving 30 minutes before the crash. As I said before, if he was impaired more than a couple of beers and well under the limit, they guy should get what he deserves. However, if he was sober or at a really low level, he would most likely not be at fault based on the police report.