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Old 01-30-2010, 12:15 PM   #31
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First off I am so sorry you have to deal with this.
Secondly, I am sick and tired of people getting away with murder.
What is wrong with Florida? Using cocaine does not impair a person?
Who are they kidding?
Count me in for one to write a letter. I have had it.

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Old 01-30-2010, 12:45 PM   #32
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I'm so sorry Kevin. What an absolute travesty!
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Old 01-30-2010, 12:46 PM   #33
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Kevin, that's awful and completely outrageous. I can speak for Mike when I say that we will both be writing letters. If anone finds an e-mail address, please share.
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Old 01-30-2010, 12:50 PM   #34
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Kevin,

I grieve for you and your family. When you mentioned your mother had been on television about this, I looked it up and wished I hadn't as I felt I was intruding. My heart broke for her, you and Brian.

Even though I can understand the legal concerns with prosecuting the driver I am still very disturbed by the prosecutor's decision. I hope your family will not take this as the final decision.
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Old 01-30-2010, 12:52 PM   #35
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I THINK and I am by NO means defending this decision, what the state is saying is that cocaine remains in your blood for much longer than alcohol or pot, I think for up to 2 weeks and the test that they do just tests for any cocaine, so this scum bag COULD have done the cocaine on the day of accident or a week before the accident, but since it stays in the blood longer, with the test that they used, they cannot prove either way which it was. This however does not excuse them for not testing further for the amount of cocaine in his blood, which would be an indicator of when he might have used the cocaine.
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Old 01-30-2010, 12:54 PM   #36
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Kevin thoughts for all your family

I have always had a zero tolerance attitude to anyone who drinks or takes drugs while driving.
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Old 01-30-2010, 01:11 PM   #37
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Kevin, I am so sorry to hear about this. It is an outrage, and I feel badly that this is causing more pain to your family. My thoughts are with you, and I hope something can be done about this. Maybe it is too late in this case, but if enough of an outcry is made, perhaps the laws can be changed for the future.
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Old 01-30-2010, 01:21 PM   #38
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Quote:
Originally Posted by WaltD4Me View Post
I THINK and I am by NO means defending this decision, what the state is saying is that cocaine remains in your blood for much longer than alcohol or pot, I think for up to 2 weeks and the test that they do just tests for any cocaine, so this scum bag COULD have done the cocaine on the day of accident or a week before the accident, but since it stays in the blood longer, with the test that they used, they cannot prove either way which it was. This however does not excuse them for not testing further for the amount of cocaine in his blood, which would be an indicator of when he might have used the cocaine.
this is exactly what the state is saying, except the timeframe is incorrect. Marijuana can be detected for about a month, alcohol for only a few hours, and cocaine from 2-5 days. Info here: http://en.wikipedia.org/wiki/Drug_test (yes it's Wikipedia but it's a legitimate source)

like i said earlier: i get it from a legal standpoint. But from a common-sense view? Ridiculous.
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Old 01-30-2010, 01:46 PM   #39
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Unbelievable. Doesn't Florida consider prescription drugs in cases of DUI? Xanax has an impairment warning on it. Even if they can't prove how much cocaine was in the jerk's system, the Xanax alone should be considered a factor.

I'm so sorry you're family is having to go through this horror, Kevin. I lost a family member under similar circumstances many years ago. Unfortunately, that's when we also found out how dumb the DUI laws were. We worked to beef them up a bit, but they are still a long way from doing enough to protect the public and really make people think twice before partying it up and getting in a vehicle. It's very sad that there is so much reluctance on the part of many lawmakers to get serious about DUI's.

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Old 01-30-2010, 01:51 PM   #40
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the thing that ticks me off is the criminal history, the old if it walks like a duck and quacks like a duck does not apply in our system. if this went to court they would not tell the jury about past transgressions. i had a school mate who had a situation. over a decade ago he had a car wreck and his wife died in the accident. he had all of the usual drugs in his system, went to trial, got seven years. if the jury would have been told that HIS FIRST WIFE DIED THE VERY SAME WAY he would have gotten a lot more. and the real kicker is THE FIRST WIFE WAS THE SISTER OF THE SECOND WIFE. thats right two members of the same family killed the same way by the same person. i am an eye for an eye type of guy myself. i know that cant be but......................................
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Old 01-30-2010, 01:53 PM   #41
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This is so horrible..now you are suffering all over again..I am so sorry.
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Old 01-30-2010, 01:57 PM   #42
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Kevin I don't know what to say other than I am sorry.
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Old 01-30-2010, 02:00 PM   #43
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Bottomline -- Had Lanier not been behind the wheel, Mr. Klose would still be alive. Lanier is directly responsible for someone's death and should be held accountable. I am *disgusted* with the decision of the State Attorney's Office.
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Old 01-30-2010, 02:01 PM   #44
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Thanks for sharing something so personal. I find the rationale in the article perplexing. Anyone would be laughed out of court if their defense for driving drunk was that they were a safe and able drunk driver. Even if that was 100% true and they were able to drive an obstacle course drunk they should and would still be charged. DUI means driving under the influence, it doesn't mean driving poorly under the influence. Add to all of that a death then there is no way it should not be considered manslaughter while driving under the influence.

This kind of thing saddens and worries me. I spend a lot of time on the roads running and cycling and you always do all you can to make sure you are seen and out of harms way. Someone driving under the influence of anything, especially something that is illegal to have in the first place, is not going to be as able to avoid anyone as the same driver would sober.

I'm sorry that the tragic death of your father has to be compounded by the tragic stupidity of the prosecution.
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Old 01-30-2010, 02:01 PM   #45
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Maybe this will shed some light on Mr. Eagans unwillingness to prosecute drug offenders who murder innocent civilians with their car while under the influence of drugs.

http://articles.orlandosentinel.com/...ibe-grand-jury
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