I suspect that the charge was something to hold in place until they were able or unable to charge him with OWI. I still cannot understand why he left the scene in the first place and then spent several hours refusing to cooperate with the authorities before he was arrested. There is no logical explanation for his actions. I do suspect that he will get off with no punishment for what he did.
Chris Soules Arrested
- Thread starter HogueNation
- Start date
I suspect that the charge was something to hold in place until they were able or unable to charge him with OWI. I still cannot understand why he left the scene in the first place and then spent several hours refusing to cooperate with the authorities before he was arrested. There is no logical explanation for his actions. I do suspect that he will get off with no punishment for what he did.
I disagree...in fact, what he did was very logical in terms of his own best interest if he WAS drunk.
Amazing how the narrative changes when the details finally come out.
At first it was reported that he just took off after the accident. Now, not only did he call 911, but his defense claims he stayed at the scene even after paramedics arrived.
At first it was reported that he just took off after the accident. Now, not only did he call 911, but his defense claims he stayed at the scene even after paramedics arrived.
Might have a good case to get that charge dropped for leaving the scene. He gave them info, stayed until they arrived etc.
It all depends on how you interrupt this sentence...
Since the code section uses "or", and not "and" other identification data, he was not required to leave his license or registration. The question will be did him leaving the information he left to the 911 operator count as other identification data at the scene of the accident? To me, seems like something a jury should decide, and not a judge.
That is unless there is already case law on this in which case I judge could decide. But my guess is if they can get other charges they might just drop this one.
Also, he left his truck at the accident which is definitely something that identified him as well.
Considering he left his truck there, there's a good chance he left identification data at the scene.
Im pretty confident his blood test is going to come back positive for alcohol. The question will become can they prove he had consumed the alcohol prior to the accident. Will be very interesting to see if they can.
Thats actually a great point. Knowing that, Id almost lean to the thought that there is no way that charge can stand...
And more specifically, was he over the legal limit at the time of the accident and did impairment have anything to do with causing the crash
It's probably the easiest thing to charge him with at first, so that's what they went with while they can try to figure out what level of manslaughter to go for.
As I read that section, your quoted sentence is the requirement when the party has left to "seek necessary aid or to report the accident to law enforcement." As he didn't leave for that reason, that sentence wouldn't apply.
The relevant question is if he complied with subsection 1:
1. The driver of a vehicle involved in an accident resulting in
injury to or death of a person or damage to a vehicle which is driven
or attended by a person shall give the driver's name, address, and
the registration number of the vehicle the driver is driving and
shall upon request and if available exhibit the driver's driver's
license to the person struck, the driver or occupant of, or the
person attending the vehicle involved in the accident and shall
render to a person injured in the accident reasonable assistance,
including the transporting or arranging for the transporting of the
person for medical treatment if it is apparent that medical treatment
is necessary or if transportation for medical treatment is requested
by the injured person.
Called 911 and stayed until the responders got there. Does it say anywhere that he has to stick around for law enforcement to show up?
Cue the "I was upset after I left the scene and had some drinks to calm down" defense.
Yep. Unless they have somebody who saw him consume x number of drinks at y time, would be hard to prove he was over the limit.
You don't need to prove he was over any limit to show intoxication. You would need to show he was "under the influence of an alcoholic beverage"
IC 321J.2
1. A person commits the offense of operating while intoxicated if
the person operates a motor vehicle in this state in any of the
following conditions:
a. While under the influence of an alcoholic beverage or
other drug or a combination of such substances.
b. While having an alcohol concentration of .08 or more.
c. While any amount of a controlled substance is present in
the person, as measured in the person's blood or urine.
People keep bringing this up like its a judgment to his character. Correct me if Im wrong, but Lawyers are not able to deny their services?
I'm pretty sure they can deny their services. Public Defenders can't but a private Attorney can.