Don’t let this happen to you…

Mamma K's car

A son mourns...

This is Scott – my beloved husband – crouched down looking over the car his beautiful mother was killed in when she was hit by a drunk driver!

His 16-year-old son Jordan was also in the car but thankfully was spared!

Please, don’t let this happen to you – don’t let this happen to another family – let us not witness another family or friend mourn the death of a loved one killed horrifically by a drunk driver.

Court case update: yesterday the judge in our case ruled that the blood analysis would NOT be admissible as evidence. He ruled that in his opinion, the police did not have reasonable probable grounds to suspect the driver was impaired – they only had grounds for suspicion.

Suspicion is like smelling alcohol on someone’s breath, which warrants a road side breathalyzer. Reasonable probable grounds is like someone falling down drunk, walking into stuff, slurring speech and although the guy who hit and killed my mother-in-law was doing some of that, the judge said it could have been attributed to the severity of the accident. What????

And it seems that the fact that the guy couldn’t physically blow into the breathalyzer machine (which we all suspect he was doing on purpose) according to the judge, is not grounds for drawing blood either. The only other medical reason cops can draw blood is if the victim had a broken jaw for example. Hmmmm…so this means I can just screw up and not blow into a breathalyzer properly, and on purpose, and there isn’t a darn thing anyone can do about it? Nice loop-hole I would say!

And, time lapsing does not constitute drawing blood either – so even though 3 hours had passed from the time of the accident to the time they tried to get a breath sample (had to wait for medical clearance), that didn’t warrant drawing blood either.

What is wrong with our justice system????

We were DEVASTATED to say the least since this was the crux of the Crown’s case. I cannot begin to express how crushed we were.

But in a turn of events, after a 45 minute recess, we found out that the Crown had also issued a search warrant for the driver’s medical blood – which was also analyzed by a lab. Yesterday, the blood analysis expert couldn’t testify to it because in her report, she blended the analysis of both blood samples. So we have adjourned until November to give the expert time to reissue her report with only analysis of the medical blood.

Once again, there is hope! What an emotional roller coaster ride to say the least!

I am sure there are many of you out there who have had this happen to you – how have you dealt with it? To my US readers, what kinds of laws and punishments do you have – are there the same insane loop holes? What else have you done to try to make a difference and end drunk driving?

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Trackbacks

  1. […] the court case against the impaired driver who hit and killed my mother-in-law continued. In October, it was emotional mayhem when we found out that the evidence obtained through a blood sample that […]

  2. […] Part II – court update I (two-day trial where the judge ruled the criminal blood evidence inadmissible) […]

  3. […] Part II – court update I (two-day trial where the judge ruled the criminal blood evidence inadmissible) […]

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