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Thread: A grim day in NH

  1. #226
    Quote Originally Posted by 83014 View Post
    OJ Simpson might disagree.

    Doug
    Obviously a different set of circumstances there. But you're correct, anyone can sue for anything in today's world. Collecting will be another matter all together, even in regards to the RMV.

    I said they'll be hard pressed to collect, not that their civil suits are useless.
    The lion does not even bother to turn his head when he hears the small dog barking.

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  2. #227
    Registered User ExGMan's Avatar
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    I saw an item tonight from the Boston (MA) Globe newspaper which might be of interest to readers of this thread.NH Motorcycle Crash.pdf
    John Gamel - BMW MOA Consumer Liaison 2018-Present
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    "We have met the enemy and he is us." Pogo-via Walt Kelly

  3. #228
    Quote Originally Posted by ExGMan View Post
    I saw an item tonight from the Boston (MA) Globe newspaper which might be of interest to readers of this thread.NH Motorcycle Crash.pdf
    A summary of events in court that is supported by most legal scholars apparently [ where the state couldn't prove truck drivers impairment due to 10+ hours elapsed time ]. But as reported, they knew the BAC of that leader in the group that day and that could be demonstrated as impaired.

    As that one atty mentioned, had he had a public defender, he'd likely be doing a life term. In a nutshell, the prosecution could not make their case. Another notch against their case was when leo's on scene didn't note the truck driver appeared impaired.

    I'd think under different circumstances, there could be shared culpability between two parties.

    Interesting observation and question [ If I read this correctly ]

    The driver wasn't tested for over 10 hours after the crash. Why was he tested then, what changed for him to be tested.
    The lion does not even bother to turn his head when he hears the small dog barking.

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  4. #229
    Back in the saddle again mikegalbicka's Avatar
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    Quote Originally Posted by brownie0486 View Post
    As that one atty mentioned, had he had a public defender, he'd likely be doing a life term
    To be clear, the article says he had a well trained public defender:

    “Michael J. Iacopino, a Manchester, N.H. criminal lawyer and president of the board of directors for the state’s nonprofit public defender program, said the verdict demonstrates the importance of effective representation for indigent defendants.
    “In a lot of places that don’t have well-trained public defenders, Mr. Zhukovskyy would be serving a life sentence right now,” he said.”

  5. #230
    Registered User lkraus's Avatar
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    Quote Originally Posted by brownie0486 View Post
    A summary of events in court that is supported by most legal scholars apparently [ where the state couldn't prove truck drivers impairment due to 10+ hours elapsed time ]. But as reported, they knew the BAC of that leader in the group that day and that could be demonstrated as impaired.

    As that one atty mentioned, had he had a public defender, he'd likely be doing a life term. In a nutshell, the prosecution could not make their case. Another notch against their case was when leo's on scene didn't note the truck driver appeared impaired.

    I'd think under different circumstances, there could be shared culpability between two parties.

    Interesting observation and question [ If I read this correctly ]

    The driver wasn't tested for over 10 hours after the crash. Why was he tested then, what changed for him to be tested.
    You really need to read the article again.

    I'm not finding anything in that article (or in any other article going back to 2019) saying that the driver was not tested for over 10 hours after the crash. The article says that he consumed drugs at home before work, 10.5 hours before the 6:30pm crash.

    The article also states that the driver DID have public defenders.
    Larry
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  6. #231
    Quote Originally Posted by lkraus View Post
    You really need to read the article again.

    I'm not finding anything in that article (or in any other article going back to 2019) saying that the driver was not tested for over 10 hours after the crash. The article says that he consumed drugs at home before work, 10.5 hours before the 6:30pm crash.

    The article also states that the driver DID have public defenders.
    Yup, just reread that article again more closely. He wasn't tested, the prosecution tried to use the defendants admission of using drugs 10.5 hours before the crash to establish impairment. Wasn't allowed by the court, supported by other attys opinions on the judges decision.

    The question that remains for me is why wasn't he tested immediately after the crash when there were fatalities and the initial findings were that the truck driver was at fault.
    The lion does not even bother to turn his head when he hears the small dog barking.

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  7. #232
    Registered User ExGMan's Avatar
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    Some photos apparently taken during the court proceedings: https://www.unionleader.com/news/cou...07751af.html#1
    John Gamel - BMW MOA Consumer Liaison 2018-Present
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    MOA #153274
    "We have met the enemy and he is us." Pogo-via Walt Kelly

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