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Re: This one is far from over
[Re: 257wbymag]
#2884659
08/21/19 08:16 PM
08/21/19 08:16 PM
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Joined: Jan 2011
Posts: 38,489 N. Bama
257wbymag
OP
Boo Boo Head
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OP
Boo Boo Head
Joined: Jan 2011
Posts: 38,489
N. Bama
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No. Only one party charged with BUI.
Quietly killing turkeys where youre not!!! My tank full of give a fraks been runnin on empty I'm the paterfamilias
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Re: This one is far from over
[Re: straycat]
#2884685
08/21/19 08:45 PM
08/21/19 08:45 PM
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Joined: Sep 2006
Posts: 3,850 West Alabama
Ant67
10 point
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10 point
Joined: Sep 2006
Posts: 3,850
West Alabama
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Ant or Doekiller,
How does contributory negligence, if it does at all, play out in criminal cases in Alabama? Is it similar to our civil/personal injury case law? I'm pretty familiar with this on civil construction litigation or premises liability claims, but not sure on criminal cases. Just curious.
Prayers for the family and loved ones. Hopefully the full truth is revealed and appropriate justice is able to be served.
Mike Excellent question. I disagree with this but contributory negligence is not recognized as a defense in criminal prosecutions.
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Re: This one is far from over
[Re: doekiller]
#2884712
08/21/19 08:58 PM
08/21/19 08:58 PM
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Joined: Sep 2006
Posts: 3,850 West Alabama
Ant67
10 point
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10 point
Joined: Sep 2006
Posts: 3,850
West Alabama
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By the way. Criminally negligent homicide is a misdemeanor. Agreed. Unless DUI or BUI. Then class C felony
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Re: This one is far from over
[Re: ozarktroutbum]
#2884753
08/21/19 09:31 PM
08/21/19 09:31 PM
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Joined: Jan 2015
Posts: 3,540 Spanish Fort
ozarktroutbum
10 point
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10 point
Joined: Jan 2015
Posts: 3,540
Spanish Fort
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Why was it indicted though? I don’t have much knowledge of grand jury proceedings Would they have been pushing for manslaughter?
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Re: This one is far from over
[Re: Ant67]
#2884754
08/21/19 09:32 PM
08/21/19 09:32 PM
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Joined: Jan 2005
Posts: 33,437 Your mom’s house
doekiller
Freak of Nature
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Freak of Nature
Joined: Jan 2005
Posts: 33,437
Your mom’s house
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By the way. Criminally negligent homicide is a misdemeanor. Agreed. Unless DUI or BUI. Then class C felony I forgot about that. Whoops.
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Re: This one is far from over
[Re: perchjerker]
#2884802
08/21/19 10:23 PM
08/21/19 10:23 PM
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Joined: Mar 2019
Posts: 2,001 North Alabama
NSDQ160
8 point
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8 point
Joined: Mar 2019
Posts: 2,001
North Alabama
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Why are both being charged when only one would be the driver. I thought in the State of Alabama if you are in the vehicle and are drunk as well as and knowing that the driver is drunk that you also are arrested or could be arrested for DUI.?
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Re: This one is far from over
[Re: timbercruiser]
#2884803
08/21/19 10:28 PM
08/21/19 10:28 PM
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Joined: Jun 2010
Posts: 8,913 Tallassee
G/H
14 point
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14 point
Joined: Jun 2010
Posts: 8,913
Tallassee
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Drunks with cars, boats, guns and dang near anything else is a good recipe for something stupid bad to happen. Agreed!
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Re: This one is far from over
[Re: Ant67]
#2884914
08/22/19 07:37 AM
08/22/19 07:37 AM
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Joined: Nov 2016
Posts: 805 Lower AL
Cynical
6 point
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6 point
Joined: Nov 2016
Posts: 805
Lower AL
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By the way. Criminally negligent homicide is a misdemeanor. Agreed. Unless DUI or BUI. Then class C felony But the indictment charges the misdemeanor here. Hypothetically, a husband and wife in a speeding pontoon boat, not paying any attention because they’re engaged in coital or pre-coital activities, which is then involved in a fatal accident, might score them both this kind of charge. Tox results should have been back already, I would assume if either or both were intoxicated the grand jury would have charged them accordingly.
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Re: This one is far from over
[Re: 257wbymag]
#2884985
08/22/19 09:30 AM
08/22/19 09:30 AM
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Joined: Jan 2011
Posts: 1,361
mman
8 point
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8 point
Joined: Jan 2011
Posts: 1,361
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No. Only one party charged with BUI. Not according to the report I read. It said that Fite was booked into jail on July 5th for BUI but posted $2000 bond and was released, but was not implicated in Starling/s death. The accident happened the night of July 4th so I doubt he was out BUI on the 5th. The Suggs had both been charged with misdemeanor criminally negligent homicide, not the felony version, which seems strange to me. If they were charged with BUI, why not go the felony route???
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Re: This one is far from over
[Re: mman]
#2885048
08/22/19 11:12 AM
08/22/19 11:12 AM
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Joined: Nov 2016
Posts: 805 Lower AL
Cynical
6 point
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6 point
Joined: Nov 2016
Posts: 805
Lower AL
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No. Only one party charged with BUI. Not according to the report I read. It said that Fite was booked into jail on July 5th for BUI but posted $2000 bond and was released, but was not implicated in Starling/s death. The accident happened the night of July 4th so I doubt he was out BUI on the 5th. The Suggs had both been charged with misdemeanor criminally negligent homicide, not the felony version, which seems strange to me. If they were charged with BUI, why not go the felony route??? Think about time a little more. Accident at 10:00pm on July 4 means you don't get booked at the county jail until the wee hours of July 5. Booking is several hours after an arrest.
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Re: This one is far from over
[Re: 257wbymag]
#2885055
08/22/19 11:16 AM
08/22/19 11:16 AM
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Joined: Jan 2011
Posts: 38,489 N. Bama
257wbymag
OP
Boo Boo Head
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OP
Boo Boo Head
Joined: Jan 2011
Posts: 38,489
N. Bama
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None of the Suggs were charged with BUI.
Quietly killing turkeys where youre not!!! My tank full of give a fraks been runnin on empty I'm the paterfamilias
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Re: This one is far from over
[Re: Cynical]
#2885097
08/22/19 12:04 PM
08/22/19 12:04 PM
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Joined: Jan 2011
Posts: 1,361
mman
8 point
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8 point
Joined: Jan 2011
Posts: 1,361
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No. Only one party charged with BUI. Not according to the report I read. It said that Fite was booked into jail on July 5th for BUI but posted $2000 bond and was released, but was not implicated in Starling/s death. The accident happened the night of July 4th so I doubt he was out BUI on the 5th. The Suggs had both been charged with misdemeanor criminally negligent homicide, not the felony version, which seems strange to me. If they were charged with BUI, why not go the felony route??? Think about time a little more. Accident at 10:00pm on July 4 means you don't get booked at the county jail until the wee hours of July 5. Booking is several hours after an arrest. That was my point. The story didn't specifically say it was tied to the accident, I was merely showing how unlikely it would have been for him, Fite, to have received a BUI in an unrelated incident on the 5th.
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Re: This one is far from over
[Re: 257wbymag]
#2885109
08/22/19 12:18 PM
08/22/19 12:18 PM
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Joined: Jan 2011
Posts: 1,361
mman
8 point
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8 point
Joined: Jan 2011
Posts: 1,361
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None of the Suggs were charged with BUI. Oh, OK....So the Suggs were not drunk, just negligent, This is just a strange case all the way around...,
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Re: This one is far from over
[Re: mman]
#2885118
08/22/19 12:39 PM
08/22/19 12:39 PM
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Joined: Dec 2009
Posts: 7,689 Falkville
MTeague
14 point
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14 point
Joined: Dec 2009
Posts: 7,689
Falkville
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None of the Suggs were charged with BUI. Oh, OK....So the Suggs were not drunk, just negligent, This is just a strange case all the way around..., He didn't say they wasn't drunk....he just stated they wasn't charged with BUI
I had much rather be tried by twelve than carried to my grave by six!!!!
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Re: This one is far from over
[Re: mman]
#2885122
08/22/19 12:42 PM
08/22/19 12:42 PM
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Joined: Jan 2015
Posts: 3,540 Spanish Fort
ozarktroutbum
10 point
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10 point
Joined: Jan 2015
Posts: 3,540
Spanish Fort
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None of the Suggs were charged with BUI. Oh, OK....So the Suggs were not drunk, just negligent, This is just a strange case all the way around..., I think you were thrown off due to Fite being arrested for BUI but not being charged for the death. The BUI was from the incident involving the collision but that doesn’t mean he automatically would be charged with the death as well. Obviously more evidence has come to light about the other boat since then. If I am driving drunk with a passenger and some idiot rear ends me and kills the passenger, I’m still going to jail for dui but it didn’t have anything to do with the death of the passenger.
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