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Rod and Paula Bramblett Killed in Car Accident


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3 minutes ago, SCTiger2011 said:

https://www.drivinglaws.org/resources/alabamas-vehicular-homicide-and-manslaughter-laws-and-penaltie

"Manslaughter. A motorist who kills another person while driving “recklessly” can be charged with manslaughter. A person acts with recklessness by knowingly doing or failing to do something that creates a substantial and unjustifiable risk to others. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would use in like circumstances.

So the difference between negligence and recklessness—and therefore between negligent homicide and manslaughter—is whether the defendant was aware of the risk created by the conduct. Generally, a person who was aware of but disregarded the risk is guilty of manslaughter, whereas a person without such awareness is guilty of negligent homicide."

I got my law degree at the university of Google, so hopefully the experts have more to add

Is driving while under the influence of marijuana a felony in Alabama? Would be felony murder if that were the case no?

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8 minutes ago, SCTiger2011 said:

https://www.drivinglaws.org/resources/alabamas-vehicular-homicide-and-manslaughter-laws-and-penaltie

"Manslaughter. A motorist who kills another person while driving “recklessly” can be charged with manslaughter. A person acts with recklessness by knowingly doing or failing to do something that creates a substantial and unjustifiable risk to others. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would use in like circumstances.

So the difference between negligence and recklessness—and therefore between negligent homicide and manslaughter—is whether the defendant was aware of the risk created by the conduct. Generally, a person who was aware of but disregarded the risk is guilty of manslaughter, whereas a person without such awareness is guilty of negligent homicide."

I got my law degree at the university of Google, so hopefully the experts have more to add

Wow I would’ve thought the opposite would be true. Thank you for that 

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Oh no. This just makes the situation that much more heartbreaking. I will say that marijuana in someone's system does not mean they were high at the time the collision occurred, but it certainly offers a reasonable explanation for what happened. Still a lot for the lawyers to hash out here, but this kid in a bad situation. 

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7 minutes ago, steeleagle said:

Here’s a link w a accident diagram of what happened. Looks like the Bramblett vehicle took some violent jolts after hit  

https://www.wrbl.com/news/teen-driver-charged-as-adult-in-bramblett-crash-police-allege-marijuana-use-and-excessive-speed/

Ha had to be going insanely fast for a rear hit like that to do that much physical damage to cause mortality. 

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1 minute ago, DAG said:

Ha had to be going insanely fast for a rear hit like that to do that much physical damage to cause mortality. 

It sounds like he rear ended them going around 90. I looked up what constitutes "excessive speeding" in Alabama, he was going at least 26 over. 

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2 minutes ago, WalkingCarpet said:

It sounds like he rear ended them going around 90. I looked up what constitutes "excessive speeding" in Alabama, he was going at least 26 over. 

55 mph speed limit, right? So 81 mph?

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4 minutes ago, Barnacle said:

Oh no. This just makes the situation that much more heartbreaking. I will say that marijuana in someone's system does not mean they were high at the time the collision occurred, but it certainly offers a reasonable explanation for what happened. Still a lot for the lawyers to hash out here, but this kid in a bad situation. 

I agree, I don't know of a drug test that can detect MJ in the system at a specific time or the level of MJ that would have to be present to caused excessive or a delayed reaction time, etc.  MJ stays in your system for weeks,  I'm interested to see how this will play out in the courts.

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Does that mean the Bramblett’s car flipped? The diagram did not show that they hit anything else? This brings back the punch-in-the-gut feeling and overwhelming sadness.  😢 Prayers for that kid.  Such a stupid teenage mistake with such horrific consequences.  

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4 minutes ago, WalkingCarpet said:

It sounds like he rear ended them going around 90. I looked up what constitutes "excessive speeding" in Alabama, he was going at least 26 over. 

As far as the diagram shows the Bramblett's SUV going from a stand still, I can believe it. So, so sad.

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Just now, 3rdgeneration said:

Does that mean the Bramblett’s car flipped? The diagram did not show that they hit anything else? This brings back the punch-in-the-gut feeling and overwhelming sadness.  😢 Prayers for that kid.  Such a stupid teenage mistake with such horrific consequences.  

No, it just spun through the intersection. Nothing in the report seems to indicate the SUV flipped.

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Dang, they posted the kid's photo. I know he's being tried as an adult, but what a tragedy for all involved. 

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1 minute ago, keesler said:

I agree, I don't know of a drug test that can detect MJ in the system at a specific time or the level of MJ that would have to be present to caused excessive or a delayed reaction time, etc.  MJ stays in your system for weeks,  I'm interested to see how this will play out in the courts.

Everyone reacts differently to it, and it's not unlikely that a 16 year-old would have a low tolerance. The strength of marijuana and THC products on the market today is pretty staggering, especially considering the proliferation of edibles that are now available, and how easily people can exceed the recommended dosages. People act like MJ is nowhere near as dangerous as alcohol when it comes to driving, but I firmly disagree on that point. Depending on the person, their tolerances, and how much they've consumed it can be just as dangerous.

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13 minutes ago, Barnacle said:

Oh no. This just makes the situation that much more heartbreaking. I will say that marijuana in someone's system does not mean they were high at the time the collision occurred, but it certainly offers a reasonable explanation for what happened. Still a lot for the lawyers to hash out here, but this kid in a bad situation. 

While true, the level of thc present in his blood at the time of the accident would indicate how long it had been since he smoked.  It usually drops pretty quick as the high wears off and trace amounts remain for 7-30 days depending on frequency.  If the blood they took at the hospital indicates high levels than it would be similar to a DUI.  An average defense attorney would be able to get the reading thrown out if it was just present.

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16 minutes ago, Barnacle said:

Everyone reacts differently to it, and it's not unlikely that a 16 year-old would have a low tolerance. The strength of marijuana and THC products on the market today is pretty staggering, especially considering the proliferation of edibles that are now available, and how easily people can exceed the recommended dosages. People act like MJ is nowhere near as dangerous as alcohol when it comes to driving, but I firmly disagree on that point. Depending on the person, their tolerances, and how much they've consumed it can be just as dangerous.

I was California a few weeks back and I had my first edible experience. I barely trusted myself to walk to the bathroom. I couldn't have driven a car if you held a gun to my head. Driving high should be punished just as strongly as driving drunk. 

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45 minutes ago, Barnacle said:

Oh no. This just makes the situation that much more heartbreaking. I will say that marijuana in someone's system does not mean they were high at the time the collision occurred, but it certainly offers a reasonable explanation for what happened. Still a lot for the lawyers to hash out here, but this kid in a bad situation. 

Yeah, I have a feeling that angle will get tossed out in court as part of a plea deal. 

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13 minutes ago, WalkingCarpet said:

I was California a few weeks back and I had my first edible experience. I barely trusted myself to walk to the bathroom. I couldn't have driven a car if you held a gun to my head. Driving high should be punished just as strongly as driving drunk.

It is in Colorado as far as I know. They have a way to determine your THC levels if they pull you over and think you’re impaired. 

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1 hour ago, 3rdgeneration said:

Does that mean the Bramblett’s car flipped? The diagram did not show that they hit anything else? This brings back the punch-in-the-gut feeling and overwhelming sadness.  😢 Prayers for that kid.  Such a stupid teenage mistake with such horrific consequences.  

My understanding is the suv did indeed roll.  Based on the one picture I saw that was allegedly the Brambletts SUV, there's no doubt it rolled.   But, I have no way of confirming if that picture I saw was actually their vehicle.  I don't remember where I saw it either.

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5 minutes ago, WarTiger said:

My understanding is the suv did indeed roll.  Based on the one picture I saw that was allegedly the Brambletts SUV, there's no doubt it rolled.   But, I have no way of confirming if that picture I saw was actually their vehicle.  I don't remember where I saw it either.

I am definitely interested in seeing accident photos - obviously depicting the vehicle damage only. The fact that this kid was able to walk away from a wreck like this is incredible to me, considering the damage he would have caused to the Bramblett's Toyota. 

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From this report it seems the Bramlett vehicle spun around and then rolled into the curb. I have seen nothing mentioned before that their SUV flipped. 

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1 hour ago, ShocksMyBrain said:

It is in Colorado as far as I know. They have a way to determine your THC levels if they pull you over and think you’re impaired. 

It is in Colorado but very hard to enforce.  The majority of the time that charge is thrown out unfortunately

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