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Teen arrested for posting about his drunk driving on facebook

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posted on Jan, 5 2013 @ 07:32 PM
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reply to post by jhn7537
 

I'm betting that impact with at least one car left as much material on his car as it did theirs. Charging him drunk may be a lost cause because evidence is required WHILE he's drunk in most places .... but hit and run seems pretty self evident and his admission to that should have no problem at all being used, IMO.

Thank goodness some people aren't too intelligent. I'd have been furious to come out and find someone hit my parked car and split. If he hadn't done this, the people whose property he damaged or destroyed would have had to eat the loss entirely themselves. A deductible if nothing else...(Though I don't have full cov. on my vehicles since I own them...so someone like me would have ate 100% of his animal act for financial loss without him essentially turning himself in by proxy.
)




posted on Jan, 5 2013 @ 07:35 PM
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reply to post by Swills
 


Please provide evidence FB statements alone are direct evidence.



posted on Jan, 5 2013 @ 07:41 PM
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Originally posted by marbles87
reply to post by Swills
 


Please provide evidence FB statements alone are direct evidence.


Are you serious? You don't know that anything you say on Facebook, Twitter, hell even ATS can and will be used against you in a court of law? Its just easier on FB and twitter because everyone is using their real names as opposed to handles.

Your Facebook Friends Can Be Used Against You in Court, Judge Rules

Facebook court ruling: What you share on Facebook is admissible as evidence

Facebook Status Updates Can Be Used Against You In Court

Twitter Must Produce Occupy Protester Malcolm Harris' Tweets Or Face Contempt

Brandon J. Raub, Former Marine, Detained After Anti-Government Facebook Postings




edit on 5-1-2013 by Swills because: (no reason given)



posted on Jan, 5 2013 @ 07:50 PM
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reply to post by Swills
 


I don't have Facebook so I wouldnt know. Any evidence of you saying something with evidence to back up what you said is usually when statements are accepted as evidence to support premeditation. But a statement with no context or evidence to back it is still accepted... I doubt it. Like I said hit and run yes DUI no.



posted on Jan, 5 2013 @ 07:52 PM
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reply to post by marbles87
 


I don't use FB either but I do try to keep up with current events. Believe what you want but chances are he can and will be charged with DUI.



posted on Jan, 5 2013 @ 07:53 PM
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Kids are getting dumber and dumber by the minute. This story shouldn't be a shock to anyone, haha. WHAT A MORON!!!



posted on Jan, 5 2013 @ 07:54 PM
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He wasn't arrested for posting about his drunk driving on facebook - he was arrested for drunk driving, which he posted about on facebook.

There's a difference.



posted on Jan, 5 2013 @ 07:57 PM
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reply to post by Swills
 


I knew FB would get people hemmed up but I have no idea how far they will take it as evidence. Who knows maybe they will consider it a sworn statement because most of what you post are REAL events/statements. For instance since we can confirm that 99 of these updates were true statements/events than this wildly absurd one is real too.



posted on Jan, 5 2013 @ 08:02 PM
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The State should come out with a new law that states that all criminal acts should be stated on FB after the fact.

And then see how many people follow it.



posted on Jan, 5 2013 @ 08:08 PM
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reply to post by marbles87
 

I agree with much of what you have said in posts but I'm a little confused on this one? You're sounding like his defense attorney here, no offense. (If that would be..lol)

He admitted drunk driving ...and actually, it was half bragging like it was amusing? They found him that way but had found the cars he hit. His car hit them. There is undeniable physical evidence when cars hit each other. His statement is just the basis for having located him .... the crime he committed in hit and run is, by the details here, well supported with far more than his statement. At this point, I'm not sure how important his words are now that they have the offending vehicle and the ones damaged.

If it got real technical on things, they could go so far as to pull the onboard black box data from the his car (assuming it's a model within the last 15 years or so) to confirm when it was last moving for clock time and then finger print the interior, like steering wheel and gear shift. Sounds like he was probably the last one driving it since his statement and arrest came so quickly.

He's as good as cooked on a number of factors. Although the FB statement is probably what made the real evidence possible to collect in a timely manner.


edit on 5-1-2013 by Wrabbit2000 because: minor correction.



posted on Jan, 5 2013 @ 08:11 PM
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Unless him admitted to police that he hit the cars, I would think they have to prove his car damaged the other two.



posted on Jan, 5 2013 @ 08:17 PM
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reply to post by Wrabbit2000
 


Ehh I hate to think I'm defending him we all know he was drunk but our justice system isn't based on hearsay. Sure he said he was drunk but it is the prosecutors job to prove it. All he will have to say is he lied about being drunk and it might get tossed or... They could say since the fact that the part of the statement of the hit in run can be proved then there is beyond reasonable doubt that the statement he was drunk is true as well. Thats where they will get him if the prosecutor was smart. Or the dude could confess in a sworn statement he was drunk because he is that stupid and then case closed. They might make this a "spotlight" case to get FB statements carry as much weight as sworn statements given that FB is used to update real events and real statements/feelings.

We will see



posted on Jan, 5 2013 @ 08:27 PM
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reply to post by marbles87
 

I hear what your saying...and you're right, we'll see. I hope someone does come with follow-ups on this if I happen to miss catching the ending in news myself. He'll have a heck of a time getting out of his paint mixed with their paint and scratches/dents/busted glass or plastic all matching ...precisely...to his vehicle.


I'll bet he pleads out on the first decent offer they give him on it. I doubt anyone wants to waste time taking something petty like this to trial unless he really wants to make a big courtroom moment out of his apparent act of exceptional 'dumb'. On his end? This will probably be the most expensive night of his young life to date when it's all said and done....and then he'll have the insurance costs for years to come when they consider all this for writing him a policy. No one was actually hurt or killed ...so I suppose the financial hurt he'll be in will teach a lot. If he'd been a little younger, it would have been different for him. I'm kinda glad he wasn't.

I was serious about hoping this is a wake-up for him before he would DUI again and maybe hit an occupied vehicle at speed the next time.



posted on Jan, 5 2013 @ 08:32 PM
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reply to post by Wrabbit2000
 


He will be the dumbest person ever if he doesn't take a plea without a DUI charge in it. They can get him on the paint matches and damage matches just with pictures so that's open and closed for the most part. Will be interesting the weight they hold his unsworn statements too.



posted on Jan, 5 2013 @ 08:41 PM
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They can get him on the paint matches and damage matches just with pictures so that's open and closed for the most part.


Really that easy. Not as if his car and the other two are unique in the world.



posted on Jan, 5 2013 @ 08:46 PM
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Originally posted by jhn7537

Originally posted by Swills

Originally posted by marbles87
No evidence of DUI but hit and run yes. Confession is not evidence. Repo guys use Facebook. When people post that they are going to a club or something the repo guys come get the car. Kids these days.


Ummm a confession is better than evidence. Many people are behind bars because of a confession.


He could just say he was joking with the tweet, then what? I can say on Twitter I murdered someone when I didn't, do you think ill be charged? No, cause I was joking


Then you'd have to explain the blood on the knife in your bedroom.

And that blood matches the two people you stabbed while drunk on your way home.

Guy where I live bashed an old man with a baseball bat then bragged about it on facebook. He got arrested.

So you see, if you commit a crime against another and leave evidence to show that a crime indeed was committed, and you are in possession of articles that were involved in that crime and can be proven to have been, and you then go and confess to having committed this crime, I doubt saying "Oh but I was kidding guys!!" will do you any good at all.

Unless he is some criminal mastermind with billions of throwaway cash like some bond villain, I doubt he wants to play that game with the court.

edit on 5-1-2013 by winofiend because: (no reason given)



posted on Jan, 5 2013 @ 08:58 PM
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reply to post by roadgravel
 


Yes I know paint matches every car with that color code but there is beyond reasonable doubt when the paint matches and the damage matches. Also if his car contains paint from both vehicles struck again beyond reasonable doubt is there. They could also match chemicals like car wax or anything left on the surface of the vehicles. They could match colors because paint fades after its applied. I could keep going. I don't see this going past a plea deal but if they had to prove he hit the cars they could but couldn't prove he was drunk unless they can get alcohol from the sweat left on the steering wheel from his hands if they can do that.

To above he was arguing they couldn't prove he was drunk not that he hit the cars. They will have rock solid evidence he hit the cars.
edit on 5-1-2013 by marbles87 because: (no reason given)



posted on Jan, 5 2013 @ 08:59 PM
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Originally posted by marbles87
reply to post by Swills
 


Ok let me rephrase. FB post is a sworn statement now? How many people jokingly say they knock off banks or killed someone. Even though he said he was drunk there is no proof and his statement was not under oath. I can say whatever I want doesn't mean I did it. They might have a hard time getting him for DUI.




You make a good point, however, when one "jokingly" says they knocked off a bank, the police don't pull up to their home only to find guns and bags of bloody cash sitting in the driveway. In this case, the matching damage to his car corroborates the story. It's still not "proof" that he was drunk, but it might be considered proof of the accident.

The cops might have even tried to push for a DUI charge on the basis that if he was truthful online about being in an accident, the other part was likely to be true as well. Seems like they wanted an open and shut conviction, which they'll likely get.

And while I'm not normally in favor of cops busting people over dumb stuff posted to facebook (in the case of "non violent," or more properly "victimless" crimes) I think this kid DEFINITELY needs some time to reflect on his stupidly cavalier attitude toward drunk driving and damaging others' property.



posted on Jan, 5 2013 @ 09:07 PM
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reply to post by iwilliam
 


I echoed your "if the accident is true the drunk driving is true" in an earlier post. They might take that and run with it to get laws on the books regarding legitimacy of Facebook posts and then put out a news story that what you post on social media sites will be taken as the truth which could be a slippery slop for a lot of people especially us on sites likes this.



posted on Jan, 5 2013 @ 09:20 PM
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reply to post by marbles87
 

Just wonder if they would go to that much work for this incident. Sure there is a reasonable chance it can be proved.

I bet he confesses to them.



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