I smell bullshit
i was thinking that too, a BAC of .430 is insane.
Realistically, she would have passed out long before she was able to drink enough to get to .430, and on top of that she would probably already need a very high tolerance to alcohol to get her BAC that high
well, if she did like 3 or 4 of those stop lights, they could have had a late hit. People with a high tolerance tend to ‘not feel it’ until it’s too late.
Try again.
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Joint and Several liability as a term of legal significance, is only imposed in civil actions. When people get jail sentences, like in this case? That means they’re being prosecuted criminally.
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Joint and Several liability has some contexts where its application is just and rational. However, that’s not really important anymore since;
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It is basically a dead concept, legally. Of the forty-six states that had a joint and several liability rule, thirty-three states have abolished or limited the rule, replacing it or moving it towards a concept of proportionate liability. You can rest easier now knowing that the flawed rule is no longer followed in the majority of the country.
The problem with this case isn’t those damn “liberals” and all them durned lawyers ruinin’ tha good ole U.S. of A.! Not knowing the facts, but knowing how the criminal system works, i’d bet the contents of my admittedly thin wallet that this ugly looking verdict is the result of the fact that a prosecutor has too much discretion in the decision to prosecute, there was inadequate defense, an incompetant judge with a jolly for guilty verdicts, or all three.
Jesus christ. When people go to jail, it’s not a civil suit. If you’re gonna rant about how much you hate lawyers at least get your fucking terms straight. I feel better when my (soon to be) profession is insulted using the right terminology.
werd… not to mention the idiot jurors.
and people wonder why I’m a conservitive
i love the part he took a life and he should be punshed wtf is that he didnt murder her or force her to drink
I know what my “fucking” terms are. That was an off topic rant of how i am sick of BS law suits from people who want to blame everyone else for their problems. instead of reacting like a child and insulting me, read and comprehend my original post and get the sand out of your vag.
I fully understand the difference between CIVIL and CRIMINAL proceedings.
maybe my /rant wasnt a giveaway for you that it was just a general rant out of frustration?? :gotme: :cjerk:
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You better study harder. What year are you in? The PRNY does have Joint and Several Liability. I know 'cause I was recently on the wrong side of it. The main limitation in the PRNY is that it does not generally apply to non-economic damages.
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You need to also brush up on your reading skills. I never wrote that the issue in question was an example of joint and several liability. I said that the same kind of mentality that would think shifting responsibility to the bartender was logical would also dream up and support the joint and several concept.
As far as BAC levels, there are people who don’t appear intoxicated at 0.48 and others who will die. Not really pertinent to go into the details, but there are tremendous variations in response to alcohol that are both congenital and acquired. This huge variability is why the current DWI laws make no sense. There are many people who aren’t impaired at 0.10 or 0.08. Also, there is very little reason to think that the difference between a BAC of 0.08 and 0.10 is significant. The recent change in the DWI/DUI laws was pure liberal, feel good, PC bullshit. The standard should be impairment, not a blood level as blood levels are a VERY poor surrogate.
I really dislike the legal system in general. Most of the outcomes of the less significant cases are based on who you know or who your lawyer knows, how good of a bullshitter your lawyer is, weather the judge or da is having a “good day”, and the fact that you have council. Its not about wrong or right. Its about making money… supporting the town, the court, the staff, and the lawyers. Its one big racket.
Some of these fucking idiots that come up with these laws are old bags that are not in tune with todays society. I believe the people that make decisions on law specifics should have a good deal of experience and background on the topic they are writing law for… not based on fucking statistics that are ALWAYS biased, inaccurate, or incomplete in some way.
just my observation… certain OLD people should not be on the road. They are a fucking menace and outright dangerous.
BTW the outcome of this case is a complete joke. Its completely irrational.
Everyone is partly responsible but manslaughter for somone that probably WASNT even there… ridiculous
^ you see my point! Granted you might not agree 100%, but you get it. Thanks.
i did that whole stoplight challenge at big shots last year and the bartender told me that if i could do two sets of the three then i could drink for free the rest of the nite. all i remember was tequila and 151…
<----02rsxtypes
People need to own up on some responsibility. It’s like the people who smoke and then sue the tobacco companies when they get cancer. People know what alcohol does to you, especially in mass quantities…