Farewell - again…

[2nd 392]

Although I suspect it’s similar, I can’t speak to California law, but in Oregon he would have been charged, then or now, IF the crash took place upon “premises open to the public” AND the intoxication level was provable.

”Open to the public” would include a long ranch driveways that many members of the public use (UPS, vendors, neighbors, etc). If the crash occurred out between the corn rows or on private roads from which the public was excluded, the state would have no jurisdiction to prosecute, and the only remedies would be civil.

Yes - open to the public. He had a horse trailer sales lot, he was walking on the driveway to get the mail, and hit close to the road. But the lot entrance was near the road off the driveway, and I don’t know if he was past it. … or if it would’ve made a difference.

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[jeepingib]

Hey don’t forget we threw in a few oil viscosity and octane posts

That's pretty much a given with more than half of the threads here.

 

[Whaler27]

Yes - open to the public. He had a horse trailer sales lot, he was walking on the driveway to get the mail, and hit close to the road.

Oregon has a notoriously weak criminal justice system, but the public got fed up in the early 90s and passed a violent felony sentencing structure (by initiative process) that effectively bypassed/overcame the Legislature. What you described above would be either Manslaughter 1 or 2, depending on some additional factors. If Man-1, thanks to the 1993 citizens, it would be a 10-year minimum prison sentence, with no time reduction for good behavior!

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