@@ANTAGONIST1776 Pretty sure there's a part to a plea bargain that makes charging her LATER for the felony not happening. Not quite double jeopardy, but certainly cuddled close to it. And while this story is sad and depressing, I also look at it from a different take. Let's say she had a drink "to go" and then figured she would be okay to get home before the full effec hit her. She's driving into the setting sun. Someone who is much shorter (in a wheelchair) moves out into the crosswalk without making sure cars were stopping, just trusting that they'd see him and stop... and she inadvertently hits him. In her case she might have already been home by the exact time emergency services arrived, but instead she was at the scene. In the initial interaction she didn't seem to be nearly as wobbly as she was later. It takes time for the alcohol to get into the system. It's a bit of a curve (not sure if it's a bell shaped curve, or what). So at the time she had the accident, she might have been at the 0.053, peaked at the 0.083 by the time they tested her sobriety (when she would have been home), and was back to the level she was at during the accident ... below the limit. It certainly didn't HELP that she'd been drinking. But it seems to me that alcohol is more about reaction time, decision making, etc. She didn't have a flawed reaction time at all. She hit him because she didn't see him (Still BAD, but understandable. I once hit a black laborador who ran in front of me while was negotiating a sunset-blind curve, slowly, carefully, scoping it out before the "blind" spot, but I didn't see a dog and felt awful after - even though he was fine) I think she should have gotten the maximum penalty since someone died, but likely it would have made the most sense for her to be using some alcohol monitoring device so that she would have a full sober year. 7 days in jail and over and done (if that's what happened) sounds far too lenient. However, she is now open to a civil suit.
As presented the facts back up exactly what happened here. Anybody who watched the video could see that she wasn’t slurring her speech or stumbling or having any other physical signs impairment. It was solely the smell of alcohol that alerted the police to her possible impairment and the breathalyzer gave him probable cause for arrest. When they further investigated they had no evidence to prove she had been legally drunk when driving so the DUI was rightfully dismissed. Every witness there said, the sun was in their eyes therefore it’s most likely the cause of the accident. A man of the victims aids should have known that the drivers would have difficulty seeing him due to the angle of the sun, and in my opinion, he is the only one to blame for this accident.
Justice for this man! Why are they pushing this under the rug. I don’t know who she knows but just because the cops failed to there job this family has to suffer. Seven days for his five kids what going on this is insane. The police F ck up big time and allowing her level to get lower is crazy. God will have Karma against her or her family, what goes around comes around maybe not this minute but it will. The sad part is it may not happen to her directly but someone she loves. Bad things happen to bad people. Karma will catch up eventually. Rest in Peace sir and God bless your family and friends. RIP
Ok so you don't like need to take your crazy pills 😂 the police did do everything right you need to clean that ear wax out of your ears. The only delay was getting a warrant and to be honest that's the fastest time to get a warrant looked at and signed.
The victim is the only one to blame for this accident at his age. He should’ve known better than to cross the street while the sun was in drivers eyes without making sure they came to a complete stop before proceeding into the roadway. Sad the only thing the world lost was a man who didn’t do what every five-year-old learns to do in kindergarten and look both ways.
Surely the evidence of the office who did the breathalyser would have been enough evidence to convict her. I would say she bought her way out of it. Hope she has many a sleepless night weighted down by her conscience but somehow I don’t think so.
Legally they can't use the breathalyser. If that was their main evidence it would have been an automatic dismissal. Pretty sure they saw the writing on the wall. They could TRY to get her for the felony, and have her fully acquitted, or they could GET her on the lesser, and make sure she has a record. They chose to take the conviction they could get. I do agree though, she didn't seem to have remorse for the dead person. If I caused the death of a human, I'd be utterly devastated. I can still remember every bunny (3), chipmunk(2) squirrel(1), and raccoon(1) I've accidentally squished in my car. Still feel bad about those.
Why do people submit to a field sobriety test; no chance to pass a field calisthenics test that becomes an interpretation by the officer. Why was he crossing a busy highway without any assistance? Not too smart on his part.
A man of his age should’ve known better than to cross a busy intersection while the sun was in drivers eyes. From all the facts I have seen presented there’s absolutely no one to blame for this accident but him.
The family should get better justice than that. They should sue that lady for everything she's got. I know it won't bring the gentleman back,but at least she would suffer in some way.
No that's not Justice America has a problem with the justice system being a mass incarceration for business this lady paid her way out of this problem for real
This is 100% exactly how the justice system should work. The citizen was accused of a crime the government could not prove it so therefore she should walk.
@@ANTAGONIST1776 You gave consent for a blood draw when you got your license. Even without the 'implied consent', there is such a thing as exigent circumstances that permit officers to waive warrant requirements when time is a factor. Had she been taken to an evidentiary intoxilyzer at a station, a more accurate reading could have been obtained much quicker. This woman was let off by the officers, and the widow of the victim was let down by them.
@@eddyblackmore4188 study all you want but you will never get the full picture and understanding until you become a United States citizen. Then you'll get the full picture and culture and will better understand.
I see this all the time. People think breath tests or field sobriety tests are the end all be all. The truth is they hold absolutely no weight in court when a blood draw is ends up below the legal limit. She ended up with a .053 2 hours after the accident. Here’s another problem, we can tell how long it takes your body to excrete alcohol by taking a second blood test which is mandatory under law in some states. Someone in decent health will process alcohol at .010 per hour. This puts the suspect at .073 at time of accident which is still below the legal limit. In the end you will just be wasting money trying this case as she will be found innocent anyways.
@@ANTAGONIST1776 judging by the comments on this video the “we” you are talking about don’t seem to know much of anything, or have poor comprehension skills. Every other post are people complaining about there not being any charges, there is good reason for this.
@@adamc827 no English is my first. I'm asking and making sure you know the question your asking which is "for good reason" I'm asking you what is that good reason since you know. I probably know but just to make sure what is that reason ???
This man died because despite being an adult, he didn’t realize traffic couldn’t see with the sun in their eyes. Maybe it’s just me, but my parents taught me this when I was a child that dusk you do not cross the street until all vehicles come to a complete stop.
I'm playing devils advocate here. Lots of people making ignorant comments derived from personal feelings, personal opinions. None of which have any legal merits to this accident whatsoever. Several other drivers going down that same road at that exact same time also said the sun was blinding them while driving, of which this lady said also. Watching the video, and seeing her out there walking around, just the way she was carrying herself, I would have never suspected an intoxicated person. Alcohol was detected, field sobriety tests were conducted as a formality. Legally, not due to toxicity, but legally she was arrested. Just because you submit a .08 on the meter, that doesn't mean one is physically intoxicated, just legally intoxicated. Taking into effect what the other drivers were saying, sun was blinding them also, along with this driver profusely admitting she was blinded also and didn't see him whatsoever, this accident was going to happen whether she had alcohol in her system or not. It's not like she had the sun behind her, clear view of guy in wheelchair on the roadway, with 12 witnesses actually witnessing her plow right into him, then her getting out of car slurring words and stumbling around. No, none of this happened. This was an accident, nothing else. The sooner the family accepts that, and leaves that woman alone, the sooner they are going to recover and get on with life without this family member in it. She has paid more than enough over what happened here, an accident.
Her life is over? She killed a man, dad, husband, son!
keep fighting to have her in jail that sounds awful 5 days to driving under the influence and can not bring back this poor man
Are you saying. Keep fighting for her to have her in jail ?? If so how will that work out ?
@@ANTAGONIST1776 Pretty sure there's a part to a plea bargain that makes charging her LATER for the felony not happening. Not quite double jeopardy, but certainly cuddled close to it.
And while this story is sad and depressing, I also look at it from a different take. Let's say she had a drink "to go" and then figured she would be okay to get home before the full effec hit her. She's driving into the setting sun. Someone who is much shorter (in a wheelchair) moves out into the crosswalk without making sure cars were stopping, just trusting that they'd see him and stop... and she inadvertently hits him. In her case she might have already been home by the exact time emergency services arrived, but instead she was at the scene. In the initial interaction she didn't seem to be nearly as wobbly as she was later. It takes time for the alcohol to get into the system. It's a bit of a curve (not sure if it's a bell shaped curve, or what). So at the time she had the accident, she might have been at the 0.053, peaked at the 0.083 by the time they tested her sobriety (when she would have been home), and was back to the level she was at during the accident ... below the limit. It certainly didn't HELP that she'd been drinking. But it seems to me that alcohol is more about reaction time, decision making, etc. She didn't have a flawed reaction time at all. She hit him because she didn't see him (Still BAD, but understandable. I once hit a black laborador who ran in front of me while was negotiating a sunset-blind curve, slowly, carefully, scoping it out before the "blind" spot, but I didn't see a dog and felt awful after - even though he was fine)
I think she should have gotten the maximum penalty since someone died, but likely it would have made the most sense for her to be using some alcohol monitoring device so that she would have a full sober year. 7 days in jail and over and done (if that's what happened) sounds far too lenient. However, she is now open to a civil suit.
@@LadyLithias yes, all facts we already know.
She doesn’t even sound sorry about the accident
Give this family justice
How
She’s a murderer she knows what she did ,justice for the disabled needs to be revised
Wrong, were did I miss she was convicted of murder? Worry you can't just say something is because you feel like it.
Personal feelings, opinions, have no meaning in this conversation whatsoever.
This man is dead because despite being an adult, he wasn’t smart enough to look both ways before he crossed the street.
Farmington same thing, 6 DUIs and he got probation
Dui driver gets off.
Who does she know.
Someone either got paid or she knew someone
Sad situation.
As presented the facts back up exactly what happened here. Anybody who watched the video could see that she wasn’t slurring her speech or stumbling or having any other physical signs impairment. It was solely the smell of alcohol that alerted the police to her possible impairment and the breathalyzer gave him probable cause for arrest. When they further investigated they had no evidence to prove she had been legally drunk when driving so the DUI was rightfully dismissed. Every witness there said, the sun was in their eyes therefore it’s most likely the cause of the accident. A man of the victims aids should have known that the drivers would have difficulty seeing him due to the angle of the sun, and in my opinion, he is the only one to blame for this accident.
This is on the Sheriff Department. 100%.
Justice for this man! Why are they pushing this under the rug. I don’t know who she knows but just because the cops failed to there job this family has to suffer. Seven days for his five kids what going on this is insane. The police F ck up big time and allowing her level to get lower is crazy. God will have Karma against her or her family, what goes around comes around maybe not this minute but it will. The sad part is it may not happen to her directly but someone she loves. Bad things happen to bad people. Karma will catch up eventually. Rest in Peace sir and God bless your family and friends. RIP
Ok so you don't like need to take your crazy pills 😂 the police did do everything right you need to clean that ear wax out of your ears. The only delay was getting a warrant and to be honest that's the fastest time to get a warrant looked at and signed.
The victim is the only one to blame for this accident at his age. He should’ve known better than to cross the street while the sun was in drivers eyes without making sure they came to a complete stop before proceeding into the roadway. Sad the only thing the world lost was a man who didn’t do what every five-year-old learns to do in kindergarten and look both ways.
Surely the evidence of the office who did the breathalyser would have been enough evidence to convict her. I would say she bought her way out of it. Hope she has many a sleepless night weighted down by her conscience but somehow I don’t think so.
Legally they can't use the breathalyser. If that was their main evidence it would have been an automatic dismissal. Pretty sure they saw the writing on the wall. They could TRY to get her for the felony, and have her fully acquitted, or they could GET her on the lesser, and make sure she has a record. They chose to take the conviction they could get.
I do agree though, she didn't seem to have remorse for the dead person. If I caused the death of a human, I'd be utterly devastated. I can still remember every bunny (3), chipmunk(2) squirrel(1), and raccoon(1) I've accidentally squished in my car. Still feel bad about those.
Why do people submit to a field sobriety test; no chance to pass a field calisthenics test that becomes an interpretation by the officer. Why was he crossing a busy highway without any assistance? Not too smart on his part.
Ego, they think they can beat the tests.
A man of his age should’ve known better than to cross a busy intersection while the sun was in drivers eyes. From all the facts I have seen presented there’s absolutely no one to blame for this accident but him.
The family should get better justice than that. They should sue that lady for everything she's got. I know it won't bring the gentleman back,but at least she would suffer in some way.
No that's not Justice America has a problem with the justice system being a mass incarceration for business this lady paid her way out of this problem for real
This is 100% exactly how the justice system should work. The citizen was accused of a crime the government could not prove it so therefore she should walk.
Unbelievable!! Anyone else would be in prison for decade or more! And you don't always need a warrant for a blood draw
Depends, if of you look at this case emotional like you or realistically. Your funny if think that 😂
@@ANTAGONIST1776 You gave consent for a blood draw when you got your license. Even without the 'implied consent', there is such a thing as exigent circumstances that permit officers to waive warrant requirements when time is a factor. Had she been taken to an evidentiary intoxilyzer at a station, a more accurate reading could have been obtained much quicker. This woman was let off by the officers, and the widow of the victim was let down by them.
@@eddyblackmore4188 hummm do you not live in the United States?
@ANTAGONIST1776 No. I am, however, fairly interested in law enforcement in general and have studied both your system and my own in depth.
@@eddyblackmore4188 study all you want but you will never get the full picture and understanding until you become a United States citizen. Then you'll get the full picture and culture and will better understand.
They slow walked it on purpose, shame on them.
Please give Justice to this family 🙏🕯️
How
Once again, Michigan proves to be the Alabama of the North.
wow. this is a bunch of crap!!! Especially when it was all on video. Maybe sue her!
no clarity on who had the right of way
I see this all the time. People think breath tests or field sobriety tests are the end all be all. The truth is they hold absolutely no weight in court when a blood draw is ends up below the legal limit. She ended up with a .053 2 hours after the accident. Here’s another problem, we can tell how long it takes your body to excrete alcohol by taking a second blood test which is mandatory under law in some states. Someone in decent health will process alcohol at .010 per hour. This puts the suspect at .073 at time of accident which is still below the legal limit. In the end you will just be wasting money trying this case as she will be found innocent anyways.
Humm you telling people this because? We already know this because of reporting.
@@ANTAGONIST1776 judging by the comments on this video the “we” you are talking about don’t seem to know much of anything, or have poor comprehension skills. Every other post are people complaining about there not being any charges, there is good reason for this.
@@adamc827 and what is that reason ?
@@ANTAGONIST1776 can you read? Is English your second language?
@@adamc827 no English is my first. I'm asking and making sure you know the question your asking which is "for good reason" I'm asking you what is that good reason since you know. I probably know but just to make sure what is that reason ???
Since this person failed a breath test but why wasn't she under arrest and taken to the police station and retested 😮
Damn you just only half a brain 🧠 because what you stated already happened.
How disgusting!! Now, she’s free to take another life!! Smdh
Police officers screwed this case up royally by taking too long on the blood warrant. They knew time was of the essence!!!
civil lawsuit money scamming family. i hope they dont get a dime
Everyone else hope she gets a million.
10 million but there is no justice if she doent go to jail
This man died because despite being an adult, he didn’t realize traffic couldn’t see with the sun in their eyes. Maybe it’s just me, but my parents taught me this when I was a child that dusk you do not cross the street until all vehicles come to a complete stop.
I'm playing devils advocate here. Lots of people making ignorant comments derived from personal feelings, personal opinions. None of which have any legal merits to this accident whatsoever.
Several other drivers going down that same road at that exact same time also said the sun was blinding them while driving, of which this lady said also. Watching the video, and seeing her out there walking around, just the way she was carrying herself, I would have never suspected an intoxicated person. Alcohol was detected, field sobriety tests were conducted as a formality. Legally, not due to toxicity, but legally she was arrested. Just because you submit a .08 on the meter, that doesn't mean one is physically intoxicated, just legally intoxicated.
Taking into effect what the other drivers were saying, sun was blinding them also, along with this driver profusely admitting she was blinded also and didn't see him whatsoever, this accident was going to happen whether she had alcohol in her system or not. It's not like she had the sun behind her, clear view of guy in wheelchair on the roadway, with 12 witnesses actually witnessing her plow right into him, then her getting out of car slurring words and stumbling around. No, none of this happened.
This was an accident, nothing else. The sooner the family accepts that, and leaves that woman alone, the sooner they are going to recover and get on with life without this family member in it. She has paid more than enough over what happened here, an accident.
Disgusting yt privilege.