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Archive for Monday, December 14, 2009

Highway patrol: Driver had been drinking before injury accident on K-10 Sunday morning

The Kansas Highway Patrol determined alcohol was a contributing factor in a crash that injured eight people Sunday morning. The patients were transported to Kansas City area hospitals.

December 14, 2009, 1:45 p.m. Updated December 14, 2009, 4:47 p.m.

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A 19-year-old man had been drinking before he crashed his car Sunday morning on Kansas Highway 10 and injured himself and his seven passengers, the Kansas Highway Patrol said on Monday.

“Alcohol was a contributing factor in the crash,” said Edna Buttler, KHP spokeswoman.

KHP troopers said Jay Czervinske, of Olathe, left the road, crossed the center median and rolled the car about 4:20 a.m. Sunday, on the south edge of Eudora, about a half-mile east of the Church Street exit. A KHP report said he was under the influence of alcohol.

Neither Czervinske nor his seven passengers was wearing a seatbelt in the 1999 Honda MPV CR-V, a highway patrol crash report said. They were all transported to Kansas City-area hospitals with injuries.

The highway patrol said Czervinske and two passengers, 17 and 19, were taken to Kansas University Hospital in Kansas City, Kan. The hospital did not have information about the three on Monday.

Five other passengers were taken to Overland Park Regional Medical Center, according to the KHP, where officials said at least two of them have been released. The others were in good condition or no information was available about them.

Douglas County prosecutors have not considered charges in the case. A spokeswoman said prosecutors had not yet received paperwork from the highway patrol.

Comments

Jack Hope III 5 years ago

Good luck to all of them. I can remember doing stupid stuff like this when I was younger. Hopefully, they will all survive to learn from this one.

somebodynew 5 years ago

Wow, wonder if some of the previous posters will show up now and yell at us about how they are all good peeps, and don't drink, and stuff. HHhhmmmm....

shorttrees 5 years ago

Take it with a grain of salt folks, not like the KHP is always right, as we've learned from previous accidents. And since the deer probably left the scene of the accident and can't be found for an interview the KHP has to blame it on something. Ever notice how they usually give a blood alcohol level in these "reports"? Where is the BAC this time?

BlackVelvet 5 years ago

Are you sure about this, KHP? Not that long ago you had to reverse a decision on an accident.....

Steve Jacob 5 years ago

A car full of mostly minors at 4 in the morning, you know what they where doing. Even if someone was "sobering" up, after a late night, your having trouble keeping your eyes open. Does not help it was a bit foggy and misty.

Did you read the story today about fatalities up due to drunk driving? I say 3-5 years losing your licence for your first DUI might do the trick, and a week in jail, or more.

George_Braziller 5 years ago

I did dumb stuff when I was a teen as well. We all did. The one really stupid thing I NEVER did was not wear a seatbelt. Even when I was 16 I required my passengers to wear a seatbelt. Rule was "you don't wear it, you don't ride."

imastinker 5 years ago

Of course they had been drinking. The only people on the road that time of the morning are those coming home from the bars or going to work. If they were in fact coming from power and light district that's a long way to go.

I just glad that they didn't injure anyone else here.

mom_of_three 5 years ago

I can honestly say I never drank and drove as a teenager or young adult. And the only dumb thing I know I did was ride with friends in a car driving fast on country roads in the daylight. DUMB. Already told my kids that no seatbelt = no ride.

mom_of_three 5 years ago

Those kids were lucky, and I am telling my kids about the accident. Not everyone is so lucky.

dontcallmedan 5 years ago

Another lucky thing: It wasn't another crossover/head-on collision that center-dividerless K-10 is famous for.

topflight 5 years ago

shorttrees, when someone is transported to the hospital, it is a little hard to give them field sobrieties, let alone take them to the jail for any kind of test. the blood will have to be drawn and then sent to the KBI for testing. unless you have some miraculous new test that analyzes blood immediately "at the scene" then maybe they can get it into the report just for you. maybe know what the hell you are talking about before spouting off.

klh3 5 years ago

The driver was not drunk, I know this to be a fact. We have contacted the reporter and let her know that her information was incorrect. The driver was only 19 and not even able to be drinking. He was the DD, and they take that very seriously. I am sorry that whomever is reading this is getting incorrect information. Please know that 4 out of the 8 were in seatbelts!!! And they did walk away. Too bad they aren't reporting about how important seatbelts are, but instead to take this route of lies. And were is the info on the cause: deer?

eotw33 5 years ago

klh3 - were you there? If not, you have no way of knowing for sure. And I'm pretty sure it's the KHP saying alcohol was a factor, not the reporter

imastinker 5 years ago

Are you really defending a 19 year old driver who was drinking but "not drunk" and driving around with your kid in the car? On top of that the car had more people with seat belts and all were not buckled in?

It is parents like you that keep me up at night in fear of what you allow your children to do that will affect mine. I can't imagine getting a late night call about a wreck like this - it has to be one of the more awful things that can happen to a person. But instead of acknowledging that the kids were doing something stupid or even better keeping your mouth shut - you are trying to DEFEND this behavior!! I have to say that I am appalled and disgusted. You should be teaching your kids about what they did wrong here and changing the behavior before someone does get killed or they hurt someone else with their destructive habits.

I cannot remember how many accidents I went to as a volunteer firefighter that were related to drugs or alcohol. There were things that I can't "unsee." I would lie awake at night thinking about how terrified I was that I would be called out to cut my wife or children out of a car. It amazes me that there are so many people out there that will act like this senseless act of driving after drinking is OK - when you are endangering your life and mine. Until we start punishing this behavior and making it socially unacceptable people will keep dying in this senseless way.

50YearResident 5 years ago

What is the legal capacity of this vehicle? 1999 Honda MPV CR-V, If it's not 8 or more there is a violation not having enough seat belts.

merg311 5 years ago

I tend to believe KHP who were on the scene as opposed to a mother of a child involved who wants to beileve they are all perfect little angels.

Maybe that's just me.

Marknks 5 years ago

klh3: Did you also try to slip the reporter a $10 bill to say that they made a mistake, the driver hadn't been drinking??? Covering up for the kids will NOT teach them responsibility. Remember that. Or is that what your parents did to you?

Marknks 5 years ago

50yearresident: The capacity of a 1999 Honda CR-V is 5.

Marknks 5 years ago

I think before this is all over, some parents will claim that all 8 were wearing seatbelts. Wanna bet? LOL

KU_cynic 5 years ago

Seven guys in a car at 4:30 AM and they're not heading out to go hunting . . .

Marknks 5 years ago

7? No, it was 8 clowns crammed into the Ringling Bros. car. Or, was that 8 sardines packed into a can?

happy_go_lucky 5 years ago

KLH3 defines bad parent. It IS parents like you, that give us(20 year old kids) a bad name. You try to be your kid's best friend, but all you do is spoil them into stupidity. Stupid enough to get in a car with a capacity of 5, and pack it with 8, And to drive drunk, yes klh3 we are not going to listen to you as you put your kid(s) on a pedestal.

The KANSAS HIGHWAY PATROL said alcohol was a factor in the crash, the police.

@everyone else that noticed, THE first thing I saw in klh3's post was the "four wearing seatbelts..." comment. My mind was transported to yesterday to her "three wearing seatbelts.."

@klh3 You said we should look at the dangers of driving without a seatbelt. Instead I'm going to look at the stupid kid's involved as the real danger. Don't defend them. They made their bed, let them sleep in it.

happy_go_lucky 5 years ago

This comment was removed by the site staff for violation of the usage agreement.

promitida 5 years ago

KLH3-

Denial denial. It's laughable to say that the kid was 19 and therefore not even able to be drinking. Just like I'm sure that the younger ones weren't drinking either. And that the alcohol they all consumed couldn't possibly have been purchased by the 21 yr old (that they reported being in the accident as well in an earlier article).

This is just sad.

Marknks 5 years ago

The news reported that all but one was from the Kansas City area, so they could have been partying at someone's house and then decided for whatever reason to drive to Lawrence at that ridiculous hour in the morning when they should have been in bed.

jnc 5 years ago

It's amazing that no matter how many times you reiterate something to an official, they seem to never get the story straight.

As eyewitness to the accident, and driver, I can state in truth every detail as to what had happened, and how things progressed.

KLH is a wonderful woman, and mother to my friend, and such slander is completely irresponsible and unbecoming of anyone deeming themselves as mature-minded adults.

To clarify, my name is Jay N Czervinske, born February 19th, 1990. I'm 19, still maturing and in no way completely unaware of the situation and repercussions of an even like this.

Driving back from KC, 39th and the Broadway area to be specific, for all those of you who speculate and have nothing better to do than mindlessly pore over every trauma accident, tune into every teenage disaster, and write outrageous posts and comments to somehow make what you do in your meaningless, typical and mundane lives is pathetic.

To set the record straight, three of us did have our seatbelts on, the 17 year old female, Angela, the 21 year old, and myself. It's the seatbelf that saved my life and always has. There isn't a day that I don't wear one, and this day included.

The drinking statement is accurate, however I believe that it was completely blown out of proportion. Knowing I had to be DD that night, I stopped the drinking - which had only been two 3.2 beers, at 11. That gives me 5 1/2 hours until the time we left. How many of you can say that you haven't driven home, after having that nice glass of wine with your meal, or that beer while you were out? Many of you can't, and while you might think that you've had better experience, or you know that you can handle what you drink, you've still done it.

Honestly the accident had nothing to do with alcohol, it had nothing to do with having 8 kids in the car, and it had nothing to do with spoiled Johnson County kids. The fact of the matter is, at 4:00 in the morning, who wouldn't be a bit tired, who wouldn't want to go home, and read a book or watch a movie until you fell asleep? Who would not instantly think to swerve after registering a buck in the lane going 70 down a dark misty highway? Accidents like this happen all the time, even to those who think it will never happen to them.

Think before you jot down a bunch of hypocritical, slanderous and meaningless babble. America is already full of media-starving idiots, you're only adding kindle to the fire.

gccs14r 5 years ago

What part of tired, dark, and rainy made you think 70 mph was a reasonable and prudent speed? Or did you forget about that after your (still illegal) baby beer?

jnc 5 years ago

It's a fact of life that apparently you are missing out on. Things like this happen all over the world, and to think that you're outraged about something you can't change, or something that doesn't conform to what your morals or ethics lead you to believe is ridiculous.

The state is doing a really good job on cracking down on drunk drivers, I'll give them that. But what can you say for the 7 or so police we drove past on the way to Lawrence? They were lazy and didn't care? What about the one that drove with us for a bit on I-35? Can any of you live with yourselves knowing they let a "drunk" driver get away?

Anger towards amazingly horrific accidents like this is just as silly as trying to ban books that reference the n-word, or throwing paint on fur-wearers, or poking fun at someone elses religion.

Or did you forget that? The best we as humans can do is learn from others, and learn to accept. Empathy is key, trying to realize what goes on in anothers' life or what they must have been thinking is what silly people like you seem to forget.

srgc35 5 years ago

I think that maybe the fact that it was dark, had to do with this thing called night. Also, 70mph is the speed limit throughout this area, so going slightly under 70mph is a smart move on his part. The remarks about few wearing seatbelts are correct. There were only four out of the eight that were wearing theirs, and the other four were not. I was one of the four that was thrown from the car, and I do agree, my lesson has been learned. On the statements made on alcohol being a main reason of this wreck, you are very incorrect. The people that were drunk in the car were both 21, and neither was driving. This is one of many articles being spread around that is false on half of the information given just to excite its readers' interests. I am not saying the police were lying, but if they had this information they would have released the BAC's if they were such a contributing factor to this happening. Before going through and adding your idiotic statements to argue amongst yourselves, why not wait for these cowardice reports to actually talk to one of the victims of the crash rather than base an entire article off of purely hear say information, most of which the eight in the car do not agree with in the slightest.

eotw33 5 years ago

JNC, first of all this doesn't happen all over the world, second, people are angry because under age people were drinking and driving and crashed there over loaded vehicle on the highway which could have killed other people!!! One beer or twenty beers, it's all illegal if your not 21. He shouldn't have been driving period. Which means the accident wouldn't have happened. Your willing to let a 19 year old drive who had been drinking, then you let your other "Friends" get in the vehicle without a seat-belt. Now, your all trying to defend yourselves like a bunch of stuck up JOCO kids would do. I hope you go to jail, lose your license, and stay the f outta my way when I'm on the road. Oh, and it's even better that a 21 year old, who probably provided the alcohol, let an underage kid drink and drive knowing that consequences are worse if caught. And SRGC5, we don't want to hear from the "victims/suspects" of the crash, because we have all heard multiple stories from each one of you so far, none of which are true! (Where did the deer go?)

eotw33 5 years ago

One more thing, I got a speeding ticket on k10 for going 68 in the rain, so obviously, just under 70 wasn't a smart move

tanaumaga 5 years ago

'And since the deer probably left the scene of the accident and can't be found for an interview the KHP has to blame it on something. ' yes, there MIGHt have been a deer, but homeslice was drinking...game,set ,match.

Kris_H 5 years ago

jnc,

Well...you can have been drinking and not be drunk, true. Are you even supposed to be drinking 3.2 beer at age 19? Are you supposed to be drinking AT ALL if you're the DD? I don't want my DD drinking alcohol AT ALL.

You can have been drinking, or not, and still swerve to miss a deer. If you swerved hard enough to roll your vehicle, you need to learn to moderate your reactions. Perhaps you weren't as un-drunk as you thought.

I have consumed alcohol many times in my life. I've been buzzed, tipsy, tanked, and even stumbling blind drunk. But I have never in my entire life driven drunk, not even once. Now, I won't even drive after one drink. Nope.

I hope you won't, either, and I hope you will never put more people in your vehicle than there are seat belts to buckle around them.

You all were incredibly lucky, this time. This should change your life and make you smarter. Otherwise you're a candidate for a Darwin Award, and will probably take out some innocent other driver with you.

Marknks 5 years ago

JNC: Three things I see wrong with what you did.

  1. You admitted drinking and you are NOT 21. It doesn't matter WHAT KIND OF ALCOHOL YOU DRANK. That is illegal.

  2. You were driving a normal speed on a road while it was misting. You are supposed to adjust your speed per the road conditions. 65-70 is too fast while there is precipitation.

  3. You admitted to being sleepy while driving.

As I see it, you must have been sleeping during driver's ed, or did you even take driver's ed? Whatever your answer, I think you should be forced to take another driving course because you didn't learn the important rules the first time around.

Three strikes. YOU'RE OUT! The next time could cost you your life. Is that what you want for your family and friends? You're selfish. THINK NEXT TIME.

mistygreen 5 years ago

Unbelieveable but not surprising that the driver wants sympathy instead of expressing remorse over his actions. He drank the illegal beer and he got behind the wheel. Did your parents not teach you to take responsibility for your actions?

Jeanne Cunningham 5 years ago

As far as the drinking is concerned, the issue may be whether the drinker was in Kansas or Missouri.

Google this: Exceptions to Minimum Age of 21 for Consumption of Alcohol

Click on the link and look at the map.

topflight 5 years ago

JNC typed
"The state is doing a really good job on cracking down on drunk drivers, I'll give them that. But what can you say for the 7 or so police we drove past on the way to Lawrence? They were lazy and didn't care? What about the one that drove with us for a bit on I-35? Can any of you live with yourselves knowing they let a “drunk” driver get away?" Really, that is your alibi? They did not stop you and how are they going to live with it? You are really going to try to blame them for you driving drunk like a jerk. Maybe just to protect everyone else from people like you, we will let the police stop everyone without cause. Sounds great, yeah right. I like my rights. Guess what, the police probably went home thinking just another drunk idiot nearly killing a bunch of people. You are not the first, and sadly not the last.
Also, by your last statement, ("Can any of you live with yourselves knowing they let a “drunk” driver get away?") you state that you were drunk. Maybe we can get that statement to the investigating officer. That would be interesting. Lastly, you state you were trying to avoid a deer. Explain to me how you swerve to miss a deer, cross the center median and nearly kill everyone in the vehicle. If you were not drunk, you would understand that it is better to just hit the deer with your vehicle and not serve. But oh yeah your decision making was not at its best since you were drunk. Also, how many times do you think the police heard " I served to miss a deer, that is why I ran over all of those people". Your statements are just plain stupid, I hoped yo uget charged and found guilty of all charges.

mom_of_three 5 years ago

Out at 4 in the morning, a 19 year old drinking as a designated driver, with minors in the car, and 8 people in a car which seats 5..
No, no problems with that at all, everything adds up, perfectly safe......NOT........ There's stupid written over any part of it.........

Joe Hyde 5 years ago

Without knowing whether the vehicle involved is repairable to the point where it can be driven again, I'd like to offer a couple of thoughts for the benefit of any younger drivers who are reading this thread:

The Honda CR-V is an excellent vehicle. However, when moving at freeway speeds it is a bit more susceptible to roll-over due to its short wheelbase and tall profile. This inherent roll-over susceptibility is aggravated if the vehicle carries its normal load of passengers. Roll-over becomoes more likely yet if the recommended passenger load is exceeded. What happens in both cases is the vehicle's center of gravity is raised. So much weight located above the axles lets the vehicle tip over easier during any turning maneuver, even one as commonplace as a right- or left-hand turn executed at slow speed at a city street intersection.

Driving on K-10 Highway between KC and Lawrence at 4 a.m. is actually a very safe idea. There is much less vehicle traffic to contend with at such an early hour. But on our state's highways, motor vehicle traffic is never the only concern during pre-dawn hours. No matter what month of the year it is, deer and many other animals are more active and they will pop out of the ditch and run or walk in front of you. Seeing them triggers an avoidance reaction; you instinctively want to steer away to keep from hitting them.

When driving at night, or during early-morning hours, the lighter flow of traffic lets you relax and enjoy the driving experience and the company of your passengers. It is good to always keep in mind that the posted speed limit is exactly that: It is the maximum speed allowed. It is not a speed requirement. In other words, if the sign says 70 mph, that doesn't mean you have to go 70 under all conditions.

When driving in the dark, or in mist, rain, snow, or strong cross winds, take advantage of that right-hand lane. Camp out in that lane and drive along slowly enough that your headlights even on low beam let you see things far enough ahead that you can come to a complete stop if you need to. Many wild animals don't just run across the highway, they run onto the highway then stop in confusion.

If the drive to wherever you're going takes a little longer by doing things this way, so what? Think of all the good music you can listen to while you're easing down the road.

Jeanne Cunningham 5 years ago

I'm thinking that 5 hours after the fact, there would be no physical evidence remaining in his body - and without a blood test and/or any other form of testing, unless he was "Mirandized" before he said he had been drinking earlier, that would be pretty difficult to prove in court.

Not saying any of what happened was smart, but possibly no laws can be proven to have been broken.

imastinker 5 years ago

This is why the drinking age should be 16 and the driving age should be 21.

imastinker 5 years ago

Oh - and where do you buy 3.2 beer in Missouri? They sell the regular stuff there at gas stations and supermarkets - I don't think they even carry 3.2 beer.

mrkuwick 5 years ago

"imastinker (Anonymous) says…

Are you really defending a 19 year old driver who was drinking but “not drunk” and driving around with your kid in the car? On top of that the car had more people with seat belts and all were not buckled in?

It is parents like you that keep me up at night in fear of what you allow your children to do that will affect mine."

I'm with imastinker. I have 2 children that are now in their 20's and I despised parents like kl whatever when my kids were teenagers. To me, it wouldn't matter to me if the kids were having milk and cookies in K.C. and driving back to Lawrence at 4:00 a.m., with each person fully strapped in a Volvo with individual Has devices. What is a 17 year old doing out at 4:00 in the morning? It's these types of parents that serve alcohol at parties at their homes because they believe it's better to have the kids drink at their home rather than be on the road. It's that type of parent that make those of us that set reasonable curfews for our teenagers seem like out of touch ogres.

trunkshow 5 years ago

If the driver is actually the one posting, attorneys are having a field day with the "gift."

May be wrong, but I thought Kansas law changed this year that anytime DUI is suspected they can do blood tests. Know that's a fact of life in some states.

happy_go_lucky 5 years ago

I would just like it fully noted, not all 20 year old KU students(assume that is the case) are as stupid and stuck up as jnc.

@JNC 1. You admited to drinking before driving, as a minor. 2. Admited to driving 70, when it was hard to see while driving. 3. Admited to driving while being tired. 4. You admited to cramming your car past capacity.

I think it is only fair your license to drive be removed until you are 21. You put many people's lives in danger by your inability to think rationally, and have proven yourself incapable of being an intelligent driver.

imastinker 5 years ago

TOB - "They don't. I'm assuming they brought it from Kansas. Or he's lying. "

I am assuming one of these two things too.

maxcrabb 5 years ago

If you ever see me in court, rest assured I won't write about it here. That's what memoirs are for!

spark 5 years ago

jnc, My fiance and his best friend were killed six years ago when the vehicle they were in plunged of a cliff. There were 7 passengers in a car that seated 4. The driver admitted to drinking earlier in the evening but claims to have quit at 8pm. The accident happened at 2am. They were driving in a wooded area when the driver took a right turn onto what he thought was a road. It was a cliff. He was convicted of manslaughter due to his recklessness. The authorities noted there was alcohol on the driver's breath but did not test his BAC (this still baffles me). I wish I could ask my fiance why he made the bad choice of stepping into that vehicle but he is not around to ask. The driver was a good guy that made a very bad decision and lives in guilt knowing that his negligence killed two of his friends. It seems from your comments that you have not accepted responsibility for your actions. You have a lot of nerve to slam any of the comments no matter how stupid you believe they may be. You speak of moral and ethics. What is your moral and ethical responsibility? You broke the law by drinking at 19.
You were responsible for putting lives at risk when you allowed 8 people in the car. It was on you to make sure those passengers were in seat belts. Finally, you may have stopped drinking several hours before driving but you were still more likely to be fatigued than if you hadn't had a drink at all. You may be a great guy but just own up to your mistakes. Trying to compare people who are angry with what irresponsible behavior to those that want books banned is just dumb. You passed 7 police cars? Really? Why were you counting? It just surprises me that you were aware of all those cops when you were so sleepy at the wheel. Not everyone who has commented are people with mundane and meaningless lives. Some of us just don't want to see lives taken by accidents that could be avoided.

kusp8 5 years ago

jnc-

I'm a friend of one of the people in the car, and I'm glad to hear that you're doing okay. However, I wouldn't try to reason with the posters on here as most of them have preconceived notions on anything and everything and very rarely can those opinions be changed. So I'd quit trying to legitimize/ explain what happened and surround yourself with good friends.

hrs17 5 years ago

i am one of the people who was in the accident and would like to clarify a lot.

first off, yes the driver had 2 beers, both finished before 10 that night. yes, he is a minor and shouldn't have been drinking at all. but consider the fact that by 4 am, none of the alcohol would still be in his system, so the 2 beers 6 hours previous had no effect on the accident.

secondly, we are all fully aware at how irresponsible it was to leave kansas city to go home in lawrence with 5 of us not wearing a seat belt. we have learned our lesson and regret our decision completely. every time i have been to the hospital to visit my friends because of our ludicrous decision, it is a painful reminder of how easily this situation could have and should have been avoided. to keep ramming this at us only hurts us more than we already do.

thirdly, the deer. we have been taught since the accident that you are supposed to just hit the deer, or any animal for that matter. this is easier said than done. when you are in a car and see a deer, instinct says to get out of its way. jay only reacted how instinct told him to. yes, many people will say that they would have done differently, and maybe many have. jay tried to avoid the deer. at night, the deer is so suddenly in front of you that it is very easy to understand that overcorrecting is too easy to do. not saying it is right, but its understandable. overcorrecting causes thousands of accidents all over the united states. it is unfortunate, but true. do not look at jay like the only driver to ever overcorrect. i am sure that plenty of older and more experienced drivers have overcorrected causing different levels of damage.

fourthly, i would like to point out that it is shameful that all of you are gossiping and speculating about an accident that landed me and 7 of my closest friends in the hospital. my best friend since 7th grade was in a coma from this. she was taken off the ventilator today and thankfully, it looks like she will make a full recovery. if you are going to make a statement on an article, that is full of inaccuracies in the first place, then you better damn well know what your talking about and the effect your words will have. no one seemed to take that into consideration. we are well aware of how incredibly foolish our decision was. we are well aware that we should all be dead. none of you know what our parents have said to us, what we have said to each other, and how we feel individually about this. we HAVE learned our lesson. obviously, i am not expecting anyone to sugar coat what happened. but i do expect people to treat others with respect. i would like to understand why any of you feel the need to bash people you dont know about a situation you werent involved in.

we are incredibly blessed to have the chance to take the lesson we've learned and act on it. someone was looking out for us that night, and we are not going to waste the second chance we have been given.

hrs17 5 years ago

and just to add to how inaccurate the reports were, they misspelled names and didnt have the correct information on us. not one of us talked to a reporter, so how could they possibly know what really happened?

Hudson Luce 5 years ago

First, the people in the vehicle should stop posting statements. They're potentially incriminating and just make their defense attorneys' jobs more difficult; they're "statements against interest" and can be admitted as such into evidence. The place to argue your case is in court, not in the newspaper or on the Internet. Since people have to register to post on this site, IPs can be traced back to particular computers and postings can be connected with the people making them. If there are any lawsuits which arise out of this, personal injury lawyers will have a field day with the statements already made.

Second, the legal limit for drivers under 21 is .02, not .08 BAC. If alcohol were suspected as a factor in the accident, which might possibly be the case if two people in the vehicle were admittedly drunk, blood samples would be taken and tested for BAC from the driver and perhaps the passengers as well. This would happen at the hospital, and BAC from blood tests taken up to 2 hours after the traffic stop is admissible. This evidence might not be released until the time of the trial, especially if it were a medical record which is protected by Federal law. In exchange for a Kansas driver's license, drivers give implied consent for blood samples to be drawn, or breath tests given, in the case that there is probable cause to believe that they are operating a vehicle under the influence of alcohol or drugs. ER personnel will run a blood analysis anyway as part of medical diagnosis, and this test will pick up BAC.

happy_go_lucky 5 years ago

I find it interesting that all of the "posters" being in the accident or related to to people in the accident choose posting names that start with 3 letters.

klh3 hrs17 and jnc...

MaryKatesPillStash 5 years ago

But I stopped drinking at 11...no, wait, it was 10...and 5 people had their seatbelts on! No, wait, it was 4...

poppygirl 5 years ago

from personal experience, two beers makes me quite sleepy, so I slam 4 more to wake up !

mlgv 5 years ago

Alright people, just back off. You aren't making any kind of intellectual point by any means, other than the obvious. Yes, they were stupid. Underage drinking = bad. OBVIOUSLY. I think we cleared that up LONG time ago. Deers= trouble. 70 mph= IS THE SPEED LIMIT Seatbelts should have been worn. Yes, they could have done this and that. Back off. What is done is done. They learned their lesson and if they want to post their side of the story, LET THEM. It's the closest thing to the truth OBVIOUSLY because the article is completely wrong. If you can't handle the truth then get a life and back off. We've all made stupid adolescent mistakes, and just thank god they're alive.

happy_go_lucky 5 years ago

Why do you hit enter between every sentence?

happy_go_lucky 5 years ago

I didn't actually read anything you wrote, I was just dumbstruck by your childish posting habits... baffled

damnitimpissed 5 years ago

"imastinker (Anonymous) says…

This is why the drinking age should be 16 and the driving age should be 21."

And how.

It's insane how cheap and how easy it is to get a driver's license here. A drinking age of 21 is ludicrous, and causes more problems than it solves.

@ Larrynative, @ mlgv

Hat tip to you both.

@happy_go_lucky Why are you so useless?

Glen Moore 5 years ago

Wow!!! I can not believe the kids are even trying to defend themselves (and looking like idiots) when they will probably get the chance to do that infront of a judge. Their Defensive attitude comes with the fact they all made it out alive. If the "friend" that suffered a coma would have died, I'm sure you guys would have been too busy sitting at home sulking about it instead of reading about it on line. The parents that are trying to be "friends" with there spoiled JOCO kids are retarded. I have been very fortunate to never have been hit by some stupid drunk kids and hope you lose your license so I have a few more safe years. I keep seeing this "they learned their lesson" crap. What if they would have killed me on my way to work at 11:pm. Would my family have learned a lesson from this? Would your sympathetic "lesson learned" have fed my 4 kids and paid my mortagage? Stop being stupid and just say your sorry you almost killed your friends,AND your sorry to spend OUR Douglas county tax dollars to clean up your mess. JERKS all of ya!

mlgv 5 years ago

The driver wasn't drunk, I think that ALSO has been established, looooong time ago.

dadof3 ?? They wouldn't of killed you because it was 4 a.m not 11 p.m and again the driver wasn't drunk. Thank you for stating the obvious, again. Yes, I'm sure if their friend died they'd be sulking around, but she didn't. Thankfully. Also no need to compare apple to oranges, they learned THEIR lesson nothing to do with you or you family. It was stupid what they did, once again obvious. The kids were just trying to let everyone know that the driver wasn't drunk, he tried to avoid a deer which was a dangerous move and all the facts in the article were wrong. Not once have either of them try to justify what they did was right, they just wanted the truth. Which is not idiotic, thank you.

mlgv 5 years ago

@ damnitimpissed Thank you. @happy_go_lucky I didn't know the space button had an age limit.

I don't think switching up the laws will change anything, kids will always always find away around it. That's why taking away their DL probabley won't make a difference. Other people can drive, other people can provide the liquor. Just like before. So again congradulations on making no point. ALSO @dadof3 I'm sure the kids didn't willingly want to end up in the hospital and cause so much trouble, so if they want to say sorry. Let them. If they didn't then you'd find something else to complain about.

Glen Moore 5 years ago

@ mlgv Your right I will complain :) Adults who just get pulled over under the influence get their license removed why not them? maybe then they WOULD learn a lesson. mlgv= Advocate for underage drinking and driving???

happy_go_lucky 5 years ago

mlgv, it is actually an enter button, not the space. attempt at witty retort disabled

And alcohol was a contributing factor to the accident, so says the Highway Patrol.

dadof3, has every right to make his statement about the lesson learned crap they are throwing around. Every citizen who uses the highway to travel has the right.

happy_go_lucky 5 years ago

Ironically mlgv, you never asserted any fact of your own, besides wrong facts(alcohol related drivel) and the "assertion" that other people were wrong. So in the end, your post was utterely pointless.

Alcohol was a factor, everyone has the right to be mad at kids driving under the influence. The "apples to oranges" nonsense, is just that. What dadof3 said was actually not a comparison in reality, it was a statement therefor saying "apples to oranges" has no intelligent use in the context.

mlgv THEY DID willingly end up in the hospital, they set up the entire situation to occur by their actions,

alcohol+overloaded soapbox+driving at speeds not good for road conditions(mist)+driving tired+swerving excessively(to rool a car) to avoid a "deer"(or box on the road, maybe even a flowerpot, but they call it a deer to make it look better)+not wearing seatbelts=a situation developed all by their actions and thus all outcomes are of their own design.

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