"What makes ya'll think Billy will go to Jail? Remeber, O.J. walked!! "


True, but OJ was black. Billy just thinks he is with the dreadlocks.

 

If that is the case, they will take their time getting the results back on this one so the other case will by finished when he is charged with this one. It will then be his second DUI and there fore harder on him. That has been my experience with Florida County Cops.

 

Billy Lane could be facing homicide charges


f blood alcohol levels taken at the scene show that Lane was over the state's .08 limit, Trooper Kim Miller, spokesman for the highway patrol said the state could pursue DUI manslaughter charges and/or vehicular homicide charges, along with other lesser-offense traffic citations.

Advertisement "He did pass on the double yellow line so he is definitely at fault in the crash," Miller said. She added that the state must wait to file any charges until they have all the evidence in the case in order to avoid double jeopardy.

While Miller said it could take six to eight weeks to get the blood alcohol levels back from the lab, the state has asked for a rush order on the results. However, Miller said in Florida officers don't automatically take blood alcohol levels after a fatal crash, and they have to have probable cause in order to conduct the test.

"We do believe he was impaired," Miller said.

The accident occurred at approximately 9 p.m., Monday, Sept. 4, south of Melbourne Beach where Lane resides. According to police reports, Lane was attempting to pass two vehicles on a double-lane section of road when his 2006 Dodge pickup hit a 1983 Yamaha moped head-on. The crash killed 56-year old Gerald Morelock, who was driving the moped. Erin Derrick, 22, who was riding with Lane, suffered serious injuries but was treated and released at the local hospital. Lane was also treated for minor injuries and released.

Lane, who owns Choppers Inc. in Melbourne, Fla., has become well known through appearances on the Discovery Channel's "Biker Buildoff" and "Monster Garage." Lane is also known locally for his efforts to raise money for the Children's Care Rehab and Development Center in Rapid City during the Sturgis Motorcycle Rally.

http://www.zwire.com/site/news.cfm?newsid= 17169667&BRD=1300&PAG=461&dept_id=156925&rfi=6

 

I don't agree with this. Florida is an Implied Consent state, and their statatue reads: "Any person who accepts the privilege extended by the laws of Florida of operating a motor vehicle is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical or physical test if the person is lawfully arrested for any offense allegedly committed while the person was driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages, chemical substances or controlled substances." This also means that a blood sample can even be taken by reasonable force with the help of a law officer if the subject refuses to provide one. The act of driving on the road is all the probable cause they need.

 

I don't think so. Read the statute again. It says "while under the influence of alcoholic beverages". In order to allege they were under the influence, you need to have probable cause.

 

Not everyone gets charged in a fatal wreck when they cross the center line.
My brothers wife was killed last year when a russian immigrant crossed the double yellow line to avoid a fender bender that was already pulled off on the shoulder. The immigrant was going to fast and was not paying attention. Inattentive driving charges should have at least been filed. He hit my sister in law head on and killed her. No charges were filed. Oh by the way, my brother is famouse and my sister in law was famouse also from being on his show daily. Maybe some of you have heard of him, Don Geronimo, from the Washington D.C. show, Don and Mike...

 

In most implied consent states, the fact you are in an accident IS the probable cause. I know it's that way in Mississippi.

 

In Alabama, there still has to be probable cause, other than just an accident occuring. Also, Implied Consent does not give the police the right to withdraw blood against a person's will. That person has the right to refuse the test, but must face the consequences. In AL, that is nothing more than a mandatory 90 day driver's license suspension for refusal to take a test. It still takes a search warrant from a judge to withdraw the blood, barring certain extenuating circumstances. Just driving on the roads doesn't give probable cause. That is one reason that DUI check points are not called DUI checkpoints anymore. Nowadays, they are called driver's checkpoints and the pretense for the traffic stop is given as a check of license/registration/insurance, which are legitimate requirements of all vehicles on the road. The DUI's are based on officer observation of the driver during the initial check.

 

Quoted from the Florida statute: Additionally, Florida law stipulates that in DUI cases involving serious bodily injury or death, an officer may use reasonable force if necessary to require the driver to submit to the administration of a blood test. Even if you refuse, reasonable force may be used to draw blood for a BAC test under these circumstances.

 

Look at the FL law again and see if there's an exception for crashes resulting in death or serious injury. I live in an "Implied Consent" state, and work in law enforcement. In every state that I'm aware of, the officer must have some level of belief that the operator is under the influence before he can request the test. In some states it's probable cause which is a pretty high standard. That's what you need to actually arrest someone. Here in PA its "reasonable grounds" which is less than probable cause. But still a certain level of belief is required.
All "Implied Consent" means is that you as a driver, by just ACCEPTING a driver's license agree to BE tested if an officer has reasonable grounds to believe you were driving AND that you were DUI. OR if you are involved in a crash in a crash that results in death or injuries requiring hospital treatment, then the reasonable grounds requirement doesn't apply. Does the Florida law make that exception also?

Oh, and the part about using force to take the blood only applies to DUI's where there was a crash that involved death or serious bodily injury.