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Browns WR might beat DUI Manslaughter charge...

F

Flipped Gazelle

Diamond Member
http://sports.yahoo.com/nfl/ne...09&prov=yhoo&type=lgns

According to Florida?s DUI manslaughter law, there are exceptions under what is called ?causation? of an accident. In short, someone who is driving drunk and causes an accident is not necessarily responsible if the other party did something to contribute to the accident. Florida statute 316.119 was changed in the 1980s to reflect that after a state Supreme Court judge ruled that the state?s previous strict liability standard on drunken drivers was essentially unfair.

The exception is based on the idea that if a drunken driver stopped at an intersection was hit by another car and the driver of the other car died, the drunken driver should not be held responsible.

?There are a number of issues in that case that may allow him to get off with regard to causation,? said attorney George Charnota, who has practiced law in South Florida for nine years and is a former prosecutor. Charnota is not involved in Stallworth?s case, but said the reports he has read about the case indicate the defense could use causation as an angle to aid Stallworth.

In this case, Reyes allegedly was jaywalking at the time he was hit and killed by Stallworth. If Reyes was jaywalking, it could be argued he contributed to the accident. In addition, Stallworth claimed to have flashed his lights and honked his horn at Reyes, which is being interpreted by Stallworth?s side as a way of warning Reyes to get out of the way.
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Originally posted by: CPA
If he could flash his lights and honk his horn, why couldn't he hit the brakes?
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his hands were working, not his feet. Or his brain.
 
Thank God there is some common sense in this world. The jaywalker was running across a six lane highway. Darwin got 'em.
 
Originally posted by: lupi
Not exactly what I would call "beating it".
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Yeah, I admit, not the perfect word to use. However, if things break his way, it's awfully close, although he could still face a civil suit.
 
Originally posted by: jpeyton
Thank God there is some common sense in this world. The jaywalker was running across a six lane highway. Darwin got 'em.
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This brings back images of Frogger. 🙁
 
Here's another quote for those who don't feel like clicking the link:

Stallworth, who is scheduled to be arraigned Thursday, may still have to serve time in jail and reach a civil settlement with the family of Mario Reyes, who was killed when Stallworth hit him in the early morning hours of March 14. However, Stallworth?s jail time could be only a matter of two or three months rather than the possibility of up to 15 years in prison under state law, two NFL sources said this week. Beyond that, Stallworth could play this season, one of the sources said.
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I always wondered how this worked. If I'm drunk and some asshole sober guy crashes into my car, he better be the one getting in trouble. Sadly, I doubt it ever really works that way.
 
Originally posted by: CPA
If he could flash his lights and honk his horn, why couldn't he hit the brakes?
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This is why jaywalking is a ticket in many places. Also the reason third brake lights were mandated.

Driver's don't see them esp at night.
 
Nope. He pleads out in the morning to a short jail term and several years of probabtion. NFL will rule on disciplinary measures later.

Since he actually killed a person I can see him no longer having an NFL career. Just look at the MLB player who was driving under the influence and had an accident with someone else driving under the influence. The other person was the one who caused they accident by running a red light. The justice system and the MLB are treating it like hes 100% to blame, even though the other driver was also drunk and ran the red light. His career is over.
 
Originally posted by: Wreckem
Nope. He pleads out in the morning to a short jail term and several years of probabtion. NFL will rule on disciplinary measures later.

Since he actually killed a person I can see him no longer having an NFL career. Just look at the MLB player who was driving under the influence and had an accident with someone else driving under the influence. The other person was the one who caused they accident by running a red light. The justice system and the MLB are treating it like hes 100% to blame, even though the other driver was also drunk and ran the red light. His career is over.
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http://en.wikipedia.org/wiki/Leonard_Little

edit, of course, goodell is in charge now so who knows but i don't think this seals the deal on his career.
 
Originally posted by: Wreckem
Nope. He pleads out in the morning to a short jail term and several years of probabtion. NFL will rule on disciplinary measures later.

Since he actually killed a person I can see him no longer having an NFL career. Just look at the MLB player who was driving under the influence and had an accident with someone else driving under the influence. The other person was the one who caused they accident by running a red light. The justice system and the MLB are treating it like hes 100% to blame, even though the other driver was also drunk and ran the red light. His career is over.
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If you're referring to the Adenhart accident earlier this year, your facts are all screwed up. The MLB player was riding in a car with a girl who was DUI for her age (under 21) at .06. The guy who ran a red light and killed them blew a .19 two hours after the accident. His lawyer is trying to use the girl's BAC as a defense.

Edit: You could also be referring to former MLBer Jim Leyritz's accident in which both parties were wasted.
 
Originally posted by: jpeyton
Thank God there is some common sense in this world. The jaywalker was running across a six lane highway. Darwin got 'em.
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I totally agree. Stallworth never should have been driving, but that man never should have been going across that highway. They're both dumbasses (er...Stallworth is a dumbass, jaywalk the kid was a dumbass).
 
Originally posted by: Newbian
Originally posted by: jpeyton
Thank God there is some common sense in this world. The jaywalker was running across a six lane highway. Darwin got 'em.
Click to expand...

This brings back images of Frogger. 🙁
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lol, that's pretty messed up that i'm laughing right now :disgust:
 
Originally posted by: poncherelli2
Originally posted by: Wreckem
Nope. He pleads out in the morning to a short jail term and several years of probabtion. NFL will rule on disciplinary measures later.

Since he actually killed a person I can see him no longer having an NFL career. Just look at the MLB player who was driving under the influence and had an accident with someone else driving under the influence. The other person was the one who caused they accident by running a red light. The justice system and the MLB are treating it like hes 100% to blame, even though the other driver was also drunk and ran the red light. His career is over.
Click to expand...

If you're referring to the Adenhart accident earlier this year, your facts are all screwed up. The MLB player was riding in a car with a girl who was DUI for her age (under 21) at .06. The guy who ran a red light and killed them blew a .19 two hours after the accident. His lawyer is trying to use the girl's BAC as a defense.

Edit: You could also be referring to former MLBer Jim Leyritz's accident in which both parties were wasted.
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No theres another case. The Jim Leyritz's case where both parties were confirmed to be way over the legal limit, with most eye witnesses saying the person who died ran the red light, and some other eye witnesses said he did.
 
Originally posted by: Flipped Gazelle
...snip
In addition, Stallworth claimed to have flashed his lights and honked his horn at Reyes, which is being interpreted by Stallworth?s side as a way of warning Reyes to get out of the way.
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[/quote]

So, if I flash my lights and honk my horn at someone, I can then run them over? Cool. 😎
 
Originally posted by: oldsmoboat
Originally posted by: Flipped Gazelle
...snip
In addition, Stallworth claimed to have flashed his lights and honked his horn at Reyes, which is being interpreted by Stallworth?s side as a way of warning Reyes to get out of the way.
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So, if I flash my lights and honk my horn at someone, I can then run them over? Cool. 😎
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Only if they are jaywalking and you are drunk.
 
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