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WBEN NewsRadio 930>Audio & Video on Demand>>Legal Ramifications of Amherst DWI Fatal - Steve Boyd

Legal Ramifications of Amherst DWI Fatal - Steve Boyd

Nov 13, 2012|

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Automatically Generated Transcript (may not be 100% accurate)

Steve -- From the firm O'Brien -- personal injury attorneys is with us on the WB in my mind we're talking about drunk drivers this morning and Steve we're following up on a double fatal Sunday on the embers bike -- involving a motorcycle driver 53 year old David Smith of Niagara Falls. You know I like to know first from new. How relevant his previous DW I conviction twelve years ago he has in this case. Well that is very relevant because it was on me and the fact there was a felony. Point one of two things. He had a prior VW lie and either he had multiple prior DWIs or that prior DW -- one -- a very curious one. Probably ending with security political career. So. This is the person with a pretty bad past and even though he twelve years since the Sony did you lie. I take that information most Chinese are gonna allow that in it it's personally go to trial. Steve right now we don't know where the driver of the motorcycle David Smith. Was before the accident Sunday afternoon we don't know he was allegedly drinking at a bar. Or in his home or apartment I mean doesn't matter I mean it was at a bar. Somebody had to know that he didn't have too much to drink right mean he was about to head out of those motorcycle. Well John as you know there are sort of true legal arena that these cases. Occur and that's the criminal arena in the civil arena. The fact that the person would be tricky in a bar. Would be more relevance of these civil arena. Where a bartender and the bars settled and can't be held responsible. If they are serving someone who is visibly intoxicated. And we've seen that a couple of high profile cases in the last couple of years here in buffalo. So yes the -- held accountable I don't believe that our could be held criminally accountable. Unless the person who was drinking was underage. We know that blood was drawn after this crash and I'm wondering Steve if you know how soon before that information. Becomes public his BAC reading. Well. That depend on the science and the police agencies -- they'd still get a quick reading and then they'll get a Fuller blood test that'll give them the most accurate reading. I spent some police agencies. Trees -- release it and -- -- not to -- it's possible that you need to know that until there's a court appearance and reporters in the courtroom. Will here reference to -- alcohol content in open court. Steve are we getting anywhere you know we in the media as far as making the public aware of the consequences of drinking while driving a really good job because. The message doesn't seem to be read by. Some people. John it's frustrating when we hear about these terrible cases it's just if we got in the first question that comes to mind doing any good that you know. I think we are doing some good because. What I see in my social circles is when people have a drink -- stopped at a certain -- -- -- -- -- -- have one are true. I can drive -- so I think we have done a great job in raising awareness certainly to where we were 1520 years ago. But there are still are people. Their first -- people who are alcoholic who know what all the we're -- gonna help them. Stop drinking and driving. In and there are people that. This so they can happen of that so so they'll just take their chances and as we've seen this horrible tragedy taking those chances in this is something that can lead to a terrible outcome. You know Steve ware reporting this morning some statistics from the national highway safety administration they say that. Nationwide motorcycle riders are nearly twice as likely to be driving drunk as passenger car drivers. And that in 2006 the latest information that they had 41% of motorcyclists. That died in fatal crashes had blood alcohol levels of point 08 or higher. Is there something to that is it part of the culture with riding a bike. I think that's. Probably right there is. In other people distraught and they just -- and there are certainly a lot of responsible motorcycle riders. But some people don't write all the time and they only ride turn on the weekend and they meet their bodies that are all over the needed a friend Allison they go on -- ride together so I think they're part of it is that. The higher percentage probably had to do with cars are huge for -- recreation and transportation. Most -- that baker used. Culpable but recreation part of it is probably a much higher. The usage of the motorcycle. Now it's good point Steve we appreciate your time this morning -- providing some insight on this. Thank you thank you very much Steve Boyd from with a firm O'Brien -- personal injury attorney.

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