Defense: Lack of Warning on Marijuana Potency Led to Fatal Collision

Discussion in 'The Okie Corral' started by TBO, Jun 24, 2018.

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  1. Scotsman

    Scotsman Unauthorized Green Beans

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    "Hyun Jeong Choi, 33, faces three felony charges including murder, gross vehicular manslaughter while intoxicated and DUI under the influence of drugs causing injury."

    I wonder, if she were blitzed out of her mind on booze, would she be facing the same charges? Or is it only socially acceptable when you're drunk.
     
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  2. pgg00

    pgg00

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    Yes she would. We charged people with murder when killing someone in a DUI crash when i was in CA. I remember one habitual one that we charged with attempted murder when she crashed but didn't kill the victim. She was convicted.
     

  3. pgg00

    pgg00

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    Yes she would. We charged people with murder when killing someone in a DUI crash when i was in CA. I remember one habitual one that we charged with attempted murder when she crashed but didn't kill the victim. She was convicted.
     
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  4. Rellik

    Rellik Kwisatz Haderach in Training

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    It's a "high anxiety".
    Mel would be proud
     
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  5. Darkangel1846

    Darkangel1846

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    Like who didn't see this coming down the road? They are just taking the lead from the anti gunners that want the gun manufactures sued for their gun being used to murder.
     
  6. Scotsman

    Scotsman Unauthorized Green Beans

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    Thank you, it's good to see appropriate charges/penalties for DUI's instead weaksauce I see in some states.
     
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  7. JohnBT

    JohnBT NRA Benefactor

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    Yes, you should...

     
  8. Patchman

    Patchman Florist

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    Amanda Walzer, 43, was riding in a 1956 Porsche that had only lap seat belts and no airbags.

    When Choi's vehicle traveled over the raised median, it collided with the Porsche, killing Walzer and injuring the Porsche driver.

    My heart goes out to Walzer's and the Porsche driver's families.

    I've learned on GT that legalization of marijuana is good. So, in this case, and as if alcohol alone isn't bad enough, I guess CA legalizing marijuana leading Choi to kill and seriously injure two innocent third parties on a public road should still be considered a win for society?
     
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  9. thewitt

    thewitt

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    Seriously? You just trolling for NORML or what?
     
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  10. fastbolt

    fastbolt

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    Nope. You're making the same point I was thinking about making.

    Trying to defend an intentional violation of existing CVC law (driving under the influence of the drug THC) by claiming an unexpectedly potent variety of cannabis was really at fault is like the driver who tries to claim they didn't know they'd get more intoxicated by drinking cask strength whiskey instead of their regular whiskey before getting behind the wheel.

    The gross veh/manslaughter and DUI/drugs is likely a slam dunk, unless the jurors completely ignore the law and the jury instructions about the law.

    Murder charge? That's interesting. It requires intent, but the CVC sections don't require intent. The defense lawyer is probably doing the best he can with what he was given. Guess the DA's office wasn't interested in the def pleading to just the CVC charges, or perhaps the def refused to consider such an offer? Now, however, the JT is underway ...

    I don't care whether the difference is considered medicinal or recreational. You toke, you don't drive DUI/drugs. You do and someone gets injured or killed? You bear the consequences. Sigh.

    Considering how many years CA has had a DUI/drug law, and DRE training for cops, drivers DUI/cannabis have NO excuse for their impaired behavior behind the wheel.
     
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  11. thewitt

    thewitt

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    Supporters for legalization have been saying the same lies over and over that they believe them as well.

    "It's much less dangerous than alcohol," so why should anyone who smokes pot be afraid to get behind a while.

    Of course it's as dangerous as alcohol, or any other drug that dulls your reactions when you are talking about taking drugs and driving.

    Some people cannot drive after taking a shot of Nyquil... and yes, they should be prosecuted if they do.
     
  12. ReaPer105

    ReaPer105

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    I hope she gets the full 20-something years. Impaired driving by any chemical is the sole responsibility of the driver. Prescription drugs, weed, booze, if you're gonna drive it's your responsibility.
     
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  13. cougar_ml

    cougar_ml

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    Knowingly taking a mind altering substance, without knowing how potent it actually is, then proceeding to operate a 3,500 lb weapon in public?

    It cost the life of one person for absolutely no good reason.

    I'm sure there are more details, but ultimately she took a mind altering substance of her own free will, so anything that happens while she is under it's influence is 100% her responsibility. It was her responsibility to check on the potency, and exactly how it would affect her behavior before she did anything in public. The same as any other type of medication. Pretty much every pill bottle or prescription medication has some type of warning on it about not operating a motor vehicle or equipment until you know how it affects you.

    There might not have been any intent to end another person's life, but that is what she did. There is no reason for it, and no excuse.
     
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  14. Detectorist

    Detectorist

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    I learned on here that using marijuana has never caused an accident.
     
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  15. Altaris

    Altaris

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    It IS much less dangerous to the individual than alcohol.
    I have never once, in any post, seen a pro-legalization person say it was ok to drive under the influence though. There is no need for you to make up a story that anyone is claiming pot and cars are ok.


    Completely agree.

    DUI = Driving Under the Influence. Due to decades of psa's and adds people seem to misinterpret DUI to only mean Drunk Driving. It doesn't specify what that influence is though.
    It could be over the counter drugs, prescription drugs, alcohol, meth, crack, whatever..... If you take something that lowers your driving ability, off to jail you go.
     
  16. pittpa

    pittpa What did I come in here for?

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    Assumption of risk by the deceased in an otherwise survivable accident. I saw a guy in an MG Midget getting off the interstate here. I thought he was nuts.
    The defense might argue this in the civil case if allowed, or there may not even be a civil trial.
    The estate of the deceased may use the exact same arguments against the weed distributor to go after the deep pockets in the civil case. The driver's insurer could even do the same to displace some blame. Can weed distributors even get insurance?
    Maybe they'll sue Porsche for not updating the car to modern standards. Its California.
     
  17. faceplant

    faceplant

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    Really? That's what you have learned?:crazy:
     
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  18. Lt. Donn

    Lt. Donn PSO Survivor. currently in NW Georgia

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    Exactly...I hope this defense ploy fails...regardless of what you purchased, where you purchased it, or how potent it is...you are never supposed to be doing it and then driving....period....but knowing CA, they will now insist on alcohol type warnings on all MJ
     
  19. Grabbrass

    Grabbrass

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    Lawyer's gotta say something to earn the fee. This just shows there's nothing better to say.
     
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  20. Cubdriver

    Cubdriver

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    Nahhh. They're saving that for use if they need to appeal. :tongueout:

    -Pat
     
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