It is a universal truth that accidents can and do happen. Sometimes they are tragic, and oftentimes they are senseless. Regardless, one thing that all accidents all share in common is that each and every time an "accident" happens it is a truly unplanned and spontaneous occurrence, for if it is not, if it is reasonably "foreseeable", then it is not an "accident".
Enter 42 y/o Christine Chimel of Cocoa Beach, Brevard County, Florida, who decided to take her boyfriend's 7 y/o grandson (named Hunter Richard) for an ATV ride on a dirt road on February 21st, 2015. When they set out the scene looked something like this...
In fact that above is the very dirt road and intersection (of Cangro Street and Osprey Avenue) where the ATV that Christine was driving on February 21st overturned. According to the Florida Highway Patrol the ATV flipped over when Christine "lost control", causing severe injuries to both Christine and Hunter, and that, my friends, has all the makings of a classic "accident". Under normal circumstances "losing control and flipping over" could easily be accidental; however, in this case, and due to the existence of two (2) "foreseeable factors", this was NOT an accident.
Factor # 1: Neither Christine nor Hunter were wearing helmets...
Factor # 2: Christine's BAC (blood alcohol content) shortly after the accident (her blood was drawn after she was flown to Orlando Regional Medical Hospital with serious injuries) was .223, which is nearly three times (3x) the legal limit. (Hunter was flown to Arnold Palmer Hospital in Orlando, but, unlike Christine who staged a recovery, little Hunter later died from his injuries, thus...)
The math is easy: Add 1 and 2 and there is no accidental fatality here. Instead, Christine faces fifteen (15) years in state prison for the DUI manslaughter of an innocent seven (7) y/o boy. Tragic: yes. Senseless: Yes. Reasonably foreseeable: {operating an ATV on a dirt road with a BAC 3x the legal limit and no helmet on a toddler): Ab-so-freaking-lutely. One need not be an Oracle to divine this outcome.
When it comes to the subject of drinking and driving, the best advice that you are ever going to hear is: "Don't do it! Get a DD (Designated Driver), not a DUI".
Be smart{er than Christine Chimel}: Don't drink and drive, but, if you do, just say "NO{thing}", don't blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.
Michael A. Haber, P.A.: Providing creative, effective and zealous criminal defense litigation services primarily in SoFlo since 1991.
At Michael A. Haber, P.A. "Its all about reasonable doubt"!
Michael A. Haber, Esq. is prepared to speak with you about your case!
Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1
LIKE www.facebook.com/haberpa ~ FOLLOW http://habercriminallaw.blogspot.com ~ SUBSCRIBE https://www.youtube.com/c/michaelhaberlaw ~ SEE www.criminallaw.miami ~ CALL 1-888-SHARK-8-1
THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #DUIManslaughter #Manslaughter #VehicularHomicide #Accident #ATV #Helmet #Foreseeability
No comments:
Post a Comment