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Calgary cement truck vs car

eurowing

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http://www.cbc.ca/canada/story/2007/12/07/crash-calgary.html

http://www.cbc.ca/canada/story/2007/12/08/crash-charges.html

I normally read these sad stories and move on, but today I find myself very angry at this particular event for reasons I haven't figured out.  What irks me is the driver of the cement truck (according to media reports) refused a breath sample.  Why, in the name of justice, can't the police take this man to the hospital, have a blood sample drawn and either prove or disprove impaired driving? 

Clearly he is not going to admit his responsibility and take ownership of his part in the crash.  I can't call it an accident, no way, no how.  He ran into a car stopped at a red light, driving the whole mess 300 meters. 

The nuances of being charged with "Failure to provide a blood alcohol sample" elude me.  I just don't know what to say.  I really don't.  Is it to much to ask for society to take responsibility for their action?
 
eurowing said:
http://www.cbc.ca/canada/story/2007/12/07/crash-calgary.html

http://www.cbc.ca/canada/story/2007/12/08/crash-charges.html

....

The nuances of being charged with "Failure to provide a blood alcohol sample" elude me.  I just don't know what to say.  I really don't.  Is it to much to ask for society to take responsibility for their action?

I watched this on the news earlier. Truely tragic.

While I don't don't much about the nuances of the charge you speak of, perhaps one of the LEO members here on the site can delve/detail it further.

I also hazzard to guess that you probably misspoke when you stated "Is it to much to ask for society to take responsibility for their action?"

You probably meant more like "is it too much to ask for individuals to take responsibility for their actions." Because, like most, I am so sick and tired of "society" making excuses for those individuals' actions.
 
Vern, you read my mind despite my choice of words.  Unfortunately, it is just the very few who own up to their misconduct. The remainder will hook up with a lawyer and fight the charge, knowing full well they are guilty.  I wonder how this one will play out?
 
For the purposes of sentencing, Refuse Sample and Drive Impaired are the same.  In practical terms, drunk driving isn't against the law and is one of the easiest charges in Canada to beat, as long as you are willing to pay for a good lawyer.  Judges have come up with such idiotic rulings in these cases "I find that by the officers own admission, that he could not say that the accused does not always slur his speech, as well as the accused testified that he had been recently in contact with a cat, causing him to have red, bleary eyes.  Furthermore, given that there was a bottle of mouthwash on the seat beside the accused, I am not satisfied that smell the officer claims to have detected on the accused breath was from consumed alcoholic beverages".  Boom.  Not guilty. 
Even if this guy gets convicted (look to see four out of the five Dangerous Causing Deaths get plead out) he will do no more that two years less a day (and possibly not that much).  The guilty plea will make a big splash, and then they will put the sentencing date over to a month later.  Look for it on page 9, section C, just under the add for the Psychic Fair coming to town. 
Mind you, it is Alberta, so there is a better chance there will be a bit harder a penalty.  But guaranteed it won't be anything that looks like justice for five dead innocents. 
 
Calgary police charge concrete truck driver after deadly crash

Article Link

Daniel Tschetter, 50, of Cochrane, Alta., faces five counts of dangerous driving causing death and one count of failing to provide a breath sample.
 
We had a similar situation here in Montreal a couple of years ago.  A TGO driver was clearing snow..... plowed into a car that was stopped at a light.... severely injured 2 occupants of the car.

The fella refused to give a breathalizer
Found guilty of drinking and driving, causing serious bodily harm.  Was fired from his job with the city... though the union fought the issue (but only meekly... )

Find a ditch
kneel & pray
 
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