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Old 01-30-2010, 07:29 PM   #76
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Originally Posted by DisneyKevin View Post
I feel the need to share something else.

My Dad did not step off a curb into oncoming traffic as the article suggests.

My Dad crossed two lanes of traffic, a median, another lane and was about to leave the fourth lane and step into the bike lane. He was less than 3 feet from the sidewalk when he was hit.

This was not carelessness on the part of my Dad. This was David Lanier's fault

This should not have been a surprise to any sober driver paying attention.
You are absolutely right. Your father was NO WAY in any fault here. He wasn't the one driving a vehicle. He wasn't the one who took drugs. He was simply walking. Implying that he made a mistake is unconsionable.

I'm sick reading this...in my line of work, you hear of criminals getting off for stupid reasons and there is nothing more frustrating. This one takes the cake. My stomach hurts just thinking about it.
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Old 01-30-2010, 07:57 PM   #77
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Geez Kevin, I am sorry you and your family have to go through this. It must be so hard.

How could a judge not hold him accountable for his actions given his history, drugs in his system and the fact that he had all the other paraphernalia in HIS car.

It is really scary to think this guy will be driving again.

It is completely outrageous that this man won't face charges. At the very least wouldn't he be charged with all that "paraphernalia?"

That's it...I'm writing a letter too!

Hugs to you and your family.
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Old 01-30-2010, 08:09 PM   #78
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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
I just read this....

Are you friggin kidding!!!!This made me ill.

So sorry Kevin.
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Old 01-30-2010, 08:33 PM   #79
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Kevin, I hope you have an attorney. Maybe you could pursue this through a civil action.
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Old 01-30-2010, 08:51 PM   #80
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Kevin, to say the least that's pretty frustrating to see.

Looks as though legally speaking, there are some shortcomings in how the laws are framed, unfortunately. Perhaps if nothing else, some attention on this case can help to be a springboard towards preventing such a loophole from existing on future cases.

I hope that despite how ridiculous this truly is, you and your family can find peace following such a tragic series of events.
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Old 01-30-2010, 08:52 PM   #81
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Kevin, I'm so sorry about this whole incident! It sickens me knowing that someone like that is free and killing an innocent man and causing such grief on your family is okay according to that report.

I hope you and your family can fight this somehow. I wish you all the best and are keeping your family in my thoughts and prayers for having to go through this now.
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Old 01-30-2010, 08:52 PM   #82
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Kevin, I am saddened to hear about this turn of events. It seems the Florida justice system needs to be overhauled. My cousin in Florida was almost killed last year by a reckless driver who was caught driving for the third time with a suspended license. He (my cousin, who is a Marine, not a lawyer) ended up having to review the law with the idiots in the State Attorney’s Office so they would charge the other driver correctly based on her past legal history.

Hoping for justice for your family.
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Old 01-30-2010, 09:06 PM   #83
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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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Kevin

I don't have any new words to share with you and your family. {{{hugs}}} This has got to be an incredibly difficult time for you.

It is a shame that the balance of our legal system has swung to the point we have to be able to prove that the presence of an illegal substance in a persons system has impaired their driving. Shouldn't the presence of the substance be enough? and taking someone else's prescription?

My thoughts and prayers are with you and your family.
I agree with both Jack and Anne. I hope that you are not taking this as the final decision. I know articles can be twisted and words left out, but it truly does read that your Dad was at fault and that contradicts the officer's report as you tell us. For nothing else, his name needs to be cleared. And as hard as it is you must now do everything you can to make sure David Lanier doesn't hurt anyone else the way he has hurt your family.

My prayers are with you and your family. I know you are strong but know this is a hard time. Please know I am thinking of you.
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Old 01-30-2010, 09:11 PM   #84
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I'm really sorry about this Kevin. This really makes me angry! I hope you & your family can fight this decision.
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Old 01-30-2010, 09:21 PM   #85
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Gosh Kevin, I am really sorry to hear this. I am waiting for the trial of the man who murdered my DH. I can't imagine how I would feel if the charges were dropped. Your mom must be devastated. Hugs to you both!
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Old 01-30-2010, 09:28 PM   #86
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Investigation

Kevin,
First off, I'm sorry to hear about this...it sounds like no one followed through at the crime lab or with the SA's office, not sure about the police follow up either. I am an officer and part of a specialized crash reconstruction team, all I do is fatal and serious injury crashes. The primary function of their investigation is criminal prosecution. In crashes such as these someone should always be following through until the end, without question!

In our area, and most places around the country, the prosecutors order further testing after a driver tests positive for something. We ALWAYS send the samples out for quantifying data and results...that way there's no question or issues later on in prosecution. This should have begun with the police and crime lab, and been verified by the SA.

Years ago if you tested positive for drugs it was DUI-Drugs, period. Now days the courts want to see what "level" you are at and if it was a contributing factor to the crash. I don't think it should matter, but I'm not the courts and my opinion is worth two cents. If this were my investigation I would blow my lid...I couldn't imagine telling this to any victim's family, and none should go through this.

There is no reason why the results weren't quantified. Yes, it costs about $800, but we're talking about someone's life. I'm sorry Kevin (and family) that you have to go through this...and I apologize for the mistakes that fellow law enforcement and courts have made. If you need anything, don't hesitate to ask.
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Old 01-30-2010, 09:36 PM   #87
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Just the statement 'Cocaine in one's system does not constitute impairment' kills me! Are you kidding me?? What are these people thinking??
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Old 01-30-2010, 09:38 PM   #88
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So sorry to hear about this Kevin, it really is unbelievable. I can't imagine what you guys are going through and no words I can say can give you the comfort you guys need. It's ridiculous that someone can get away with this.

Take care.
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Old 01-30-2010, 09:38 PM   #89
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Kevin, I am so sorry to hear this. My thoughts and prayers are with your family. This is absolutely unbelievable! Your father deserves justice!!
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Old 01-30-2010, 10:00 PM   #90
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someone else had the most appropriate phrase I can think of:
your family was robbed of justice.

Sorry this horrible thing happened to your family.
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