16 y.o. runs down bicyclists in TX

[crgildart]

I'd lay odds this was also a 16 year old who was handed a drivers license without having to take an actual road test. They were skipping the road tests all last year due to COVID risk and just handing the kids a card after X hours practicing per their app and parents word..

 

[James]

I am not questioning just asking, can they give one to a minor? Especially when the family are pillars in the community?

Yes, I believe, but they can still refuse. 21yrs+ Limit = .08%, under 21 limit = .02%

It appears from a brief look, that lawyers specializing in DUI advise refusing the test if the accidents involve injuries or you’ve been previously convicted of dui/dwi.

So the refusal may be a huge loophole. Don’t know.

—————————-
Under the second statute, CGS § 14-227b, motorists implicitly consent to be tested for drugs or alcohol when they drive. The law establishes administrative license suspension procedures for drivers who refuse to submit to a test or whose test results indicate an elevated BAC…


The law imposes stricter rules on 16- and 17-year-old drivers cited for either driving under the influence of alcohol or drugs or with an elevated BAC (which for them is .02% or more). Under these conditions, the police officer, acting on behalf of the DMV commissioner, must seize the driver's license for 48 hours and have the vehicle removed. The license is considered suspended for 48 hours, starting when the arrest is made or the summons issued…

A driver under age 18 who is arrested for DUI is not eligible for youthful offender status (CGS § 54-76b).
—————-

https://www.cga.ct.gov/2016/rpt/2016-R-0147.htm

 

[crgildart]

Yes, I believe, but they can still refuse. 21yrs+ Limit = .08%, under 21 limit = .02%

It appears from a brief look, that lawyers specializing in DUI advise refusing the test if the accidents involve injuries or you’ve been previously convicted of dui/dwi.

So the refusal may be a huge loophole. Don’t know.

—————————-
Under the second statute, CGS § 14-227b, motorists implicitly consent to be tested for drugs or alcohol when they drive. The law establishes administrative license suspension procedures for drivers who refuse to submit to a test or whose test results indicate an elevated BAC…


The law imposes stricter rules on 16- and 17-year-old drivers cited for either driving under the influence of alcohol or drugs or with an elevated BAC (which for them is .02% or more). Under these conditions, the police officer, acting on behalf of the DMV commissioner, must seize the driver's license for 48 hours and have the vehicle removed. The license is considered suspended for 48 hours, starting when the arrest is made or the summons issued…

A driver under age 18 who is arrested for DUI is not eligible for youthful offender status (CGS § 54-76b).
—————-

https://www.cga.ct.gov/2016/rpt/2016-R-0147.htm

Refusing the test = taking the 5th Refusing the test is similar to saying "no I don't give consent for you to search my car".

 

[dbostedo]

Yes, I believe, but they can still refuse. 21yrs+ Limit = .08%, under 21 limit = .02%

It appears from a brief look, that lawyers specializing in DUI advise refusing the test if the accidents involve injuries or you’ve been previously convicted of dui/dwi.

So the refusal may be a huge loophole. Don’t know.

—————————-
Under the second statute, CGS § 14-227b, motorists implicitly consent to be tested for drugs or alcohol when they drive. The law establishes administrative license suspension procedures for drivers who refuse to submit to a test or whose test results indicate an elevated BAC…


The law imposes stricter rules on 16- and 17-year-old drivers cited for either driving under the influence of alcohol or drugs or with an elevated BAC (which for them is .02% or more). Under these conditions, the police officer, acting on behalf of the DMV commissioner, must seize the driver's license for 48 hours and have the vehicle removed. The license is considered suspended for 48 hours, starting when the arrest is made or the summons issued…

A driver under age 18 who is arrested for DUI is not eligible for youthful offender status (CGS § 54-76b).
—————-

https://www.cga.ct.gov/2016/rpt/2016-R-0147.htm

But that's Connecticut law... wouldn't it vary by state?

 

[James]

Refusing the test = taking the 5th Refusing the test is similar to saying "no I don't give consent for you to search my car".

Well that goes against what’s stated in that summary of the law. By driving you give consent. Perhaps not forcing you to do it avoids a Constitutional issue. No idea.
Here’s the actual wording:

Sec. 14-227b. Implied consent to test operator's blood, breath or urine. Testing procedures. License suspension. Hearing.
(a) Any person who operates a motor vehicle in this state shall be deemed to have given such person's consent to a chemical analysis of such person's blood, breath or urine and, if such person is a minor, such person's parent or parents or guardian shall also be deemed to have given their consent.
——————

https://www.cga.ct.gov/current/pub/chap_248.htm#sec_14-227b

But that's Connecticut law... wouldn't it vary by state?

Of course. I was just saying around here it is SOP to test with that type of accident. I’m guessing NY, MA, NJ are similar.
.

 

[scott43]

In Ontario, if you refuse a breathalyzer you're automatically charged with a criminal offence. Interestingly, a police officer ran someone over here off-duty, he immediately ran to his house which was nearby and guzzled a 26'er of Vodka because he was "traumatized". So at that point, how do you prove DUI? Gotta love greasy cops..

 

[Nancy Hummel]

I'd lay odds this was also a 16 year old who was handed a drivers license without having to take an actual road test. They were skipping the road tests all last year due to COVID risk and just handing the kids a card after X hours practicing per their app and parents word..

And what do you base this on? I don't see how an actual driving test would have altered what occurred.

 

[Nancy Hummel]

Refusing the test = taking the 5th Refusing the test is similar to saying "no I don't give consent for you to search my car".

Refusing the test results in an automatic revocation of your license, a civil penalty.

It also makes a criminal prosecution for DWC more difficult because there is no actual alcohol measurement to show the judge/jury.

 

[scott43]

And what do you base this on? I don't see how an actual driving test would have altered what occurred.

Yeah..not sure this was incompetence... I find this sort of thing with motorcycles. Being able to ride a dirt bike does not make you a safe rider on the road. Only experience and learning get you there. In general, you can't Evel Knievel your way out of a dump truck's path once you make a bad decision..

 

[pchewn]

I'd lay odds this was also a 16 year old who was handed a drivers license without having to take an actual road test. They were skipping the road tests all last year due to COVID risk and just handing the kids a card after X hours practicing per their app and parents word..

I'm not sure a road test would have made any difference. There is no section of the TX driver's road test that measures the ability to intimidate cyclists while "rolling coal" with a safety margin.

 

[crgildart]

Refusing the test results in an automatic revocation of your license, a civil penalty.

It also makes a criminal prosecution for DWC more difficult because there is no actual alcohol measurement to show the judge/jury.

Yep.. It's taking the 5th on the criminal matter. I'm not going to help you prove it or testify against myself by taking the test. The license privilege is a completely different matter.

 

[crgildart]

I'm not sure a road test would have made any difference. There is no section of the TX driver's road test that measures the ability to intimidate cyclists while "rolling coal" with a safety margin.

I'd like to think the ritual itself of having a cop in your car and the possibility that they can fail you makes a kid take it all more seriously than if they don't have to go over that hurdle My daughter got the same trooper who caught her goofing off on her phone when they were giving her the practice driving rules.. Remembered her when she took the test and she failed on the first try... I was good with her realizing it wasn't a joke or an automatic right to drive. She is now an excellent driver.

 

[James]

Listen to this from a Texas law firm. I guess what makes this moot is he wasn’t arrested for Dwi.

————————-
Starting on Sept. 1, 2021, if you are arrested for driving while intoxicated (DWI) after you were in a car accident that caused someone a serious injury or death, you will be required by law to have your blood drawn. Despite legal scholars raising concerns about government overreach and Fourth Amendment violations, the state governor signed the bill into law in June 2021 without comment.

Background on HB 558​

According to news reports, the bill was introduced in November 2020 after a Denison school teacher was struck by a vehicle and killed, but the driver was never held accountable. The teacher was on a morning walk with her husband when their neighbor hit them with his truck. The teacher died as a result of her injuries and her husband was seriously injured.

While investigating the case, the responding officer smelled alcohol on the driver’s breath and the driver said he had been drinking the night before. The officer thought his observations were enough to administer field sobriety tests, but the driver passed them and then blew a .06 on the breathalyzer test, which is under the legal limit. Because of those factors, the investigating officer did not request a warrant for a blood draw. Later on, a grand jury reviewed the evidence and declined to indict the driver for manslaughter or criminal negligence.

The lawmakers who wrote HB 558 argued that law enforcement rely heavily on a breathalyzer exam to validate your level of intoxication, but the results of that exam could be dismissed in court or reduced to a pass or fail grade. Therefore, a blood sample, which would detect intoxicating substances much more accurately, should be required upon arrest for certain DWI offenses.
—————————

New Law Would Require Blood Test For Some DWI Offenses | Plano DWI Defense Lawyer

If you were arrested for DWI, contact the Plano criminal defense lawyers at Law Offices of Biederman & Burleson P.L.L.C.. Call 469-333-3333

www.biedermanandburleson.com

 

[crgildart]

Listen to this from a Texas law firm. I guess what makes this moot is he wasn’t arrested for Dwi.

————————-
Starting on Sept. 1, 2021, if you are arrested for driving while intoxicated (DWI) after you were in a car accident that caused someone a serious injury or death, you will be required by law to have your blood drawn. Despite legal scholars raising concerns about government overreach and Fourth Amendment violations, the state governor signed the bill into law in June 2021 without comment.

Background on HB 558​

According to news reports, the bill was introduced in November 2020 after a Denison school teacher was struck by a vehicle and killed, but the driver was never held accountable. The teacher was on a morning walk with her husband when their neighbor hit them with his truck. The teacher died as a result of her injuries and her husband was seriously injured.

While investigating the case, the responding officer smelled alcohol on the driver’s breath and the driver said he had been drinking the night before. The officer thought his observations were enough to administer field sobriety tests, but the driver passed them and then blew a .06 on the breathalyzer test, which is under the legal limit. Because of those factors, the investigating officer did not request a warrant for a blood draw. Later on, a grand jury reviewed the evidence and declined to indict the driver for manslaughter or criminal negligence.

The lawmakers who wrote HB 558 argued that law enforcement rely heavily on a breathalyzer exam to validate your level of intoxication, but the results of that exam could be dismissed in court or reduced to a pass or fail grade. Therefore, a blood sample, which would detect intoxicating substances much more accurately, should be required upon arrest for certain DWI offenses.
—————————

New Law Would Require Blood Test For Some DWI Offenses | Plano DWI Defense Lawyer

If you were arrested for DWI, contact the Plano criminal defense lawyers at Law Offices of Biederman & Burleson P.L.L.C.. Call 469-333-3333

www.biedermanandburleson.com

I don't think we're all that far away from a palm or finger biometrics start button/key that checks the BAC of the operator.. What will we get first, cars that won't start for really REALLY drunk people or fully autonomous driverless so it won't matter?

 

[Nancy Hummel]

I'm not sure a road test would have made any difference. There is no section of the TX driver's road test that measures the ability to intimidate cyclists while "rolling coal" with a safety margin.

I'd like to think the ritual itself of having a cop in your car and the possibility that they can fail you makes a kid take it all more seriously than if they don't have to go over that hurdle My daughter got the same trooper who caught her goofing off on her phone when they were giving her the practice driving rules.. Remembered her when she took the test and she failed on the first try... I was good with her realizing it wasn't a joke or an automatic right to drive. She is now an excellent driver.

I think if he purposefully did what he did to the cyclists, he would likely have 0 respect for a trooper assigned to give a driving test.

 

[crgildart]

I think if he purposefully did what he did to the cyclists, he would likely have 0 respect for a trooper assigned to give a driving test.

And they'd find a reason to fail him if he approached it with a lackadaisical or defiant/entitled attitude. Happened to me 40 years ago.. Happened to my daughter 3 years ago..

 

[Nancy Hummel]

And they'd find a reason to fail him if he approached it with a lackadaisical or defiant/entitled attitude. Happened to me 40 years ago.. Happened to my daughter 3 years ago..

My guess is that he would fake it enough to pass.

 

[Tricia]

If anyone is interested, there is a gofundme page

6 Houston Local Cyclists hit by Truck in Texas, organized by Khurram Khan

Hi, 6 Houston local athletes were enjoying their training ride in this be… Khurram Khan needs your support for 6 Houston Local Cyclists hit by Truck in Texas

www.gofundme.com

 

[Tricia]

And what do you base this on? I don't see how an actual driving test would have altered what occurred.

100% this.

The facts we know are that this kid is from a privelaged family, and the police (according to witness reports from credible news feeds) didn't really investigate or bother to take information from the witnesses.
This is a screen shot of the statement made 4 days after the incident by Waller County DA's office.

From the article on Bicycle Magazine. I'm betting the involvement of Bike Law is why there is an independent investigator.


The 16-year-old driver is being represented by Houston lawyer Rick DeToto, who told the Houston Chronicle: “The police did an investigation at the scene. This included speaking with eyewitnesses… After their investigation they decided not to charge my client and did not issue him a traffic citation. Clearly, they decided a crime had not occurred.”

The six cyclists who were hit are being counseled by Bike Law, a national network of independent attorneys who specialize in helping injured cyclists get justice. There’s also a GoFundMe page to help offset expenses.

 

[James]

Presumably the kid was trying to do this-