Stallworth update

[Faerluna]

So they have released the toxicology report then, and it's been stated that he was over the limit? Or is this just assumption because he admitted having drinks the night before and it was early the next morning?

Bueller........Bueller........

 

[Bob Sacamano]

Bueller........Bueller........

yes, toxicology report was leaked, 0.12 was the reading

 

[cowboyfan4life_mark]

Nevermind

 

[AbeBeta]

yeah, but there aren't crosswalks on every street that people need to cross

crosswalk or not, Donte still saw him and still hit him, while under the influence

The diagram provided earlier in the thread clearly showed a crosswalk. The location was inconvenient for someone rushing to catch a bus. But one was there and from the diagram, likely in sight of the accident

 

[peplaw06]

I've done just a little bit of research, and it looks like in Florida the prosecution would have to prove that Stallworth's drunkenness was the "proximate cause" of the death.... i.e. that Stallworth was drunk and that because he was drunk driving, the guy died. In other words, if a sober driver could not have avoided the accident/death, then Stallworth may not be charged with DUI Manslaughter.

So in Florida, the case law makes it look like it's not a strict lability offense like it is in Texas.

What does this mean? I think it means if the prosecutor doesn't think that it can prove that Stallworth's drunkenness was the cause, that he will likely be charged with lesser offense, like DUI.

 

[speedkilz88]

I've done just a little bit of research, and it looks like in Florida the prosecution would have to prove that Stallworth's drunkenness was the "proximate cause" of the death.... i.e. that Stallworth was drunk and that because he was drunk driving, the guy died. In other words, if a sober driver could not have avoided the accident/death, then Stallworth may not be charged with DUI Manslaughter.

So in Florida, the case law makes it look like it's not a strict lability offense like it is in Texas.

What does this mean? I think it means if the prosecutor doesn't think that it can prove that Stallworth's drunkenness was the cause, that he will likely be charged with lesser offense, like DUI.

Thanks for looking that up.

 

[the kid 05]

Maybe Bentleys don't have break

or horns

at $340990 you two can have a world class luxury car*


*does not come with breaks or a horn

 

[Jon88]

I've done just a little bit of research, and it looks like in Florida the prosecution would have to prove that Stallworth's drunkenness was the "proximate cause" of the death.... i.e. that Stallworth was drunk and that because he was drunk driving, the guy died. In other words, if a sober driver could not have avoided the accident/death, then Stallworth may not be charged with DUI Manslaughter.

So in Florida, the case law makes it look like it's not a strict lability offense like it is in Texas.

What does this mean? I think it means if the prosecutor doesn't think that it can prove that Stallworth's drunkenness was the cause, that he will likely be charged with lesser offense, like DUI.

He will probably still be sued, right?

 

[speedkilz88]

He will probably still be sued, right?

Of course.

 

[peplaw06]

I'm going to just post information as I find it.

Looks like Florida has sentencing guidelines and mandatory minimum sentences as well. If Stallworth is convicted of DUI Manslaughter he's serving at least 4 years.

 

[cowboyfan4life_mark]

OK, it is brakes, not breaks. :

 

[the kid 05]

OK, it is brakes, not breaks. :

give me a brake im a kid

at heart at least.

 

[TD-33]

So Stallworth couldn't have been both flashing his lights and applying his brakes at the same time?

 

[ethiostar]

So Stallworth couldn't have been both flashing his lights and applying his brakes at the same time?

No way, that's not humanly possible. You expect to much.

 

[TellerMorrow34]

I'm sure he could have, maybe he was, but that still bugs me cause I mean what was he doing that he didn't notice this guy until he was right up on him? Was he playing with the stereo? Did the guy just suddenly jump out in front of him?

The fact that he says he flashed his lights to alert him at least indicates that the guy didn't just jump out in front of him before he could react so I've got to wonder how fast he was going, or what he was doing, that he couldn't slow down enough to keep from hitting him.

I mean unless he was right up on the guy I just don't see how he couldn't have slowed down enough to keep from hitting the guy.

*Shrugs* I'm probably being overly critical and thinking too much into it and I'm sure Dante did all he could to keep from hitting the guy but that still leaves the facts that he was apparently driving while intoxicated and speeding which are both entirely on him and his own fault and he shouldn't just skate by, and be left blameless, simply cause the guy walked into the road where he shouldn't have.

 

[PullMyFinger]

or horns

at $340990 you two can have a world class luxury car*


*does not come with breaks or a horn

ROTFLMAO........

 

[PullMyFinger]

I'm sure he could have, maybe he was, but that still bugs me cause I mean what was he doing that he didn't notice this guy until he was right up on him? Was he playing with the stereo? Did the guy just suddenly jump out in front of him?

The fact that he says he flashed his lights to alert him at least indicates that the guy didn't just jump out in front of him before he could react so I've got to wonder how fast he was going, or what he was doing, that he couldn't slow down enough to keep from hitting him.

I mean unless he was right up on the guy I just don't see how he couldn't have slowed down enough to keep from hitting the guy.

*Shrugs* I'm probably being overly critical and thinking too much into it and I'm sure Dante did all he could to keep from hitting the guy but that still leaves the facts that he was apparently driving while intoxicated and speeding which are both entirely on him and his own fault and he shouldn't just skate by, and be left blameless, simply cause the guy walked into the road where he shouldn't have.

It looks like he was almost across 4 lanes, so I dont think he jumped out in front of him. And wasnt it 7am? The Sun isnt up in Fla by then? He should have easily saw him, which is why I say he was impaired. And BTW I think that even if he was crossing at the crosswalk, Donte would have still hit him if he was there, unless theres a traffic signal at the crosswalk.

 

[joseephuss]

It looks like he was almost across 4 lanes, so I dont think he jumped out in front of him. And wasnt it 7am? The Sun isnt up in Fla by then? He should have easily saw him, which is why I say he was impaired. And BTW I think that even if he was crossing at the crosswalk, Donte would have still hit him if he was there, unless theres a traffic signal at the crosswalk.

I think at 7 AM the sun is barely out. It could have been foggy that morning, which is not unreasonable since it is on the coast. I bet there is more information out there that has not been leaked yet. I do think Stallworth being impaired plays a part in the whole situation, so I am by no means trying to absolve him of fault. I also know that in many accidents there are usually several factors involved that led up to them and not just one thing.