Info on the Drunk Driver

Charlie is in San Javier in Guad, a great place if you need it. He is in ICU today, but tomorrow he will move to moderately intesive care, whatever that means. Later, perhaps in a few days, he will move to private room. Although he is the luckiest man alive, he is still going to need months to recover. Even when he is brought back to Ajijic, it may not be to our house. He will need a hospital bed and 24 hour nursing care, because the only cure for a broken pelvis is time without moving, at least 6 weeks before he will be able to sit up.

Thanks to my beloved maid, I now know more about the driver. Angelica went to the police station today (after she finished her work!) and learned that the driver was apprehended, his car impounded, ,he paid his fine and walked out a free man!!! Now I am angry. If he was sitting in a jail, unable to drive and endanger the local citizens, I would not have given a thought to pressing charges. This is not about revenge, or even money. Fortunately we have excellent health insurance. However, I want this man off the streets of Lakeside. Angelica, my maid, has a cousin at Ministerio Publico, who has a cousin who is a lawyer. They just paid me a visit. They want statements from all his doctors, they will get reports from Cruz Roja about both victims. They understand what I want, and they will pursue this through official channels. I also asked them about the man's family connections. I don't want to be deported for going after the mayor's nephew or the governor's cousin. I love living right where we are. I want justice, and understand that we are not back in the US and things are different here, and respect that.

Please feel free to forward this to all and sundry. I want everyone to be angry with me!!!

If you want justice you are in the wrong country.

Julie when I went after Cruz Roja over donation I was threatened with possible deportation or worse, we pulled the thread! GOOD LUCK, and no offense intended.

Jim W

Who wrote that OP? Julie or Ann????? "Even when he is brought back to Ajijic, it may not be to our house."

Drunk drivers causing injury (and sometimes even death) are released NOB on a regular basis. Unfortunately I wouldn't expect much more here other than if you have enough money you can get almost anyone locked up.

As near as I have figured, Julie is copying/reposting Ann's emails which seems to be causing some confusion.

CanuckBob wrote:Drunk drivers causing injury (and sometimes even death) are released NOB on a regular basis. Unfortunately I wouldn't expect much more here other than if you have enough money you can get almost anyone locked up.

"Sentencing

Impaired Driving laws are tough. Under the Canadian Criminal Code, impaired driving causing bodily harm can result in 10 years in prison and impaired driving causing death can result in 14 years. Both offences also provide for a maximum 10-year driving prohibition and unlimited fines. Criminal negligence causing death carries a maximum of life imprisonment."

A Panama City Beach man is heading to prison for DUI manslaughter.

A judge sentenced 38-year-old Joseph Christopher Acoff Friday morning to 20 years and 8 months in prison for leaving the scene of a crash that left one man dead and two severely injured.

Acoff was found guilty in may of leaving the scene of a crash involving death, DUI manslaughter, vehicular manslaughter and two counts of dui with great bodily injury.
http://www.wjhg.com/home/headlines/Panama-City-Beach-Sentenced-to-20-Years-in-Prison-for-DUI-Manslaughter-209740381.html

Sounds like this guy is out on bail...just like NOB. None of us knows if he was actually drunk, or just careless.

The NTSB recently started a push for States to lower the DWI level from .08 to .05:
http://www.scpr.org/news/2013/05/17/37304/what-s-the-difference-between-a-blood-alcohol-leve/

When this story first broke, I was curious about Mexico's policies and found the following:
"Drink driving regulations are determined at the state rather than national level. Only the following states currently have legal driving limits: Aguascalientes, Chiapas, Distrito Federal, Estado de Mexico, Hidalgo, Jalisco, Michoacán, Tamaulipas, and Vera Cruz - 0.4; Chihuahua - 0.5; Guanajato, Morelos, Nuevo León, Oazaca, Quintana Roo, and Sonora - 0.8; Colima 0.8 - 1.0."

http://www.icap.org/table/BACLimitsWorldwide

Smartalex wrote:Sounds like this guy is out on bail...just like NOB. None of us knows if he was actually drunk, or just careless.

manuel was laying face down behind a truck and charlie was out on the road 2 car lengths ahead on his side.CARELESS???

Do you know that the driver was drunk? Do you know he was using his cell phone? Do you know what Charlie and the car-wash guy were doing out in the middle of a busy thoroughfare? Perhaps they were the careless parties here. I am terribly sorry that this happened...but I don't pretend to know the answers to these questions.

Was there a blood draw? Anyone know?

Smartalex wrote:Sounds like this guy is out on bail...just like NOB.

It seems to me that bail/fianza in Mexico is different than bail NOB,maybe Spencer could shed some light on it.

viajero wrote:

Smartalex wrote:Sounds like this guy is out on bail...just like NOB.

It seems to me that bail/fianza in Mexico is different than bail NOB,maybe Spencer could shed some light on it.

I believe Jalisco is in the forefront of instituting the new judicial reforms, including a bail system similar to that NOB. But I too would like to hear from Spencer on this.

If the guy actually was released, but not on bail, it may indicate that he wasn't drunk and that the people out in the street were held more to blame than the driver.

hypothetical question?..

If an intoxicated pedestrian is injured in a hit and run accident... and injured by an intoxicated driver.... who is at fault...?

Why don't you google-up "contributory negligence" and get back to us on that.

Keep in mind that there is a striking difference between Mexico and NOB in who has the right-of-way when it comes to cars and pedestrians. NOB, the pedestrians generally have the right of way because they are more vulnerable. In Mexico, the cars generally have the right of way and pedestrians are responsible for showing common sense when entering a potentially dangerous situation.

Were they in a designated crossing area or crossing for convenience?

No cross walks in front of the restaurant. Even the police here ignore pedestrians in crosswalks.

It may be a good place to remind people of the new drunk driving laws in Mexico. They started in Mexico City, cut the death rate by I think 50%. Now they are everywhere. In Puerto Vallarta, if you blow over the limit, straight to jail and a fine of approximately $1,000 U.S., you don't get out until you pay. In the past, the fine was something like $60 U.S., and you could pay on the spot - and drive away!

google for the details

I'm sure you can still pay "on the spot" in certain circumstances.....

Smartalex wrote:Sounds like this guy is out on bail...just like NOB. None of us knows if he was actually drunk, or just careless.

Reliable second-hand info: drunk
Second-hand into: Not "available" for blood test

Jim W wrote:Julie when I went after Cruz Roja over donation I was threatened with possible deportation or worse, we pulled the thread! GOOD LUCK, and no offense intended.

Jim W

Wait, what??? Who threatened you with deportation? Did CR ever get the money?

CR finally signed POA for the executor to act on their behalf. Hopefully everything will be complete and approved by the courts in mid July. The money released, bills paid at that point Trailrunner.

Since Robert passed in December, it seems like a very long process for an uncontested will.