Anne Heche hospitalized with severe burns

[Guest]

40 minutes ago, nycman said:

... If you kill someone while driving drunk, I suggest you refuse to have your blood drawn until they get a court order. It usually takes an hour or so to find and wake up the judge. If you’re lucky your blood alcohol will drop below the legal limit. If they nail you with a DWI vehicular homicide, your not gonna care about wether or not you have a drivers license for several years anyways, so it’s worth the gamble...

Scary stuff. In such a case, I'd have thought it would be allowed to bring into evidence the amount of time between the arrest and the blood draw, with calculations showing the possible range of drop in blood alcohol level. In addition, a level of 0.08% is not required to be convicted of DUI (at least in California). It's only that at 0.08% or higher, one is always considered impaired. 

[BabyBoomer]

According to CNN & TMZ:

Investigators obtained a warrant for a blood draw on the day of the incident.

~Boomer~

[EZEtoGRU]

Reports this evening that Heche is in critical condition with significant pulmonary injury.  It is said she has been in a coma since shortly after she was rescued.  

[former lurker]

11 hours ago, Unicorn said:

That's factually incorrect in all 50 states. California, as well as all other states, has an implied consent law which requires all drivers to be tested for alcohol or other impairing substances whenever they drive. I can't imagine driving in any jurisdiction in which people could get completely drunk or stoned, and then simply declare they refused to be tested for driving-impairing substances. Also, especially in emergency situations, physicians and other health care personnel are under no obligation to go through an informed consent process when ordering blood or other lab tests, especially when such tests assist the health care team in their treatment of the patient. 

https://en.wikipedia.org/wiki/Implied_consent

"All U.S. states have driver licensing laws which state that a licensed driver has given their implied consent to a certified breathalyzer or by a blood sample by their choice, or similar manner of determining blood alcohol concentration...".

Wrong as to most jurisdictions.  Most do not allow police to compel a test, but there are consequences to refusing.  First, in most states such a refusal is an automatic suspension of your license to drive and reinstatement requires a bunch of things.  Also, officers can require you to take a field sobriety test (standing/walking, balance on one leg, recite alphabet backward, etc.  If you appear impaired, you can be held in the jail until you sober up -- and a breathalizer may be used to determine when you become sober, but that is not part of the record if you are charged and taken to court.

[Guest]

6 minutes ago, former lurker said:

Wrong as to most jurisdictions.  Most do not allow police to compel a test, but there are consequences to refusing.  First, in most states such a refusal is an automatic suspension of your license to drive and reinstatement requires a bunch of things.  Also, officers can require you to take a field sobriety test (standing/walking, balance on one leg, recite alphabet backward, etc.  If you appear impaired, you can be held in the jail until you sober up -- and a breathalizer may be used to determine when you become sober, but that is not part of the record if you are charged and taken to court.

https://pridelegal.com/california-implied-consent/

What Is California Implied Consent Law?

Under California Vehicle Code 23612,

“[a] person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested.”

According to this law, every driver in California has implicitly agreed to have given their consent to a blood or breath test in the event they are lawfully arrested for suspicion of driving under the influence. Importantly, this rule is applied to all motorists driving in California, regardless of whether they are a California resident or non-resident holding an out-of-state license.

[former lurker]

1 minute ago, Unicorn said:

https://pridelegal.com/california-implied-consent/

What Is California Implied Consent Law?

Under California Vehicle Code 23612,

“[a] person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested.”

According to this law, every driver in California has implicitly agreed to have given their consent to a blood or breath test in the event they are lawfully arrested for suspicion of driving under the influence. Importantly, this rule is applied to all motorists driving in California, regardless of whether they are a California resident or non-resident holding an out-of-state license.

I don't doubt that's the law in CA, but it's not in most states. 

[Luv2play]

20 hours ago, Luv2play said:

Here in Canada refusal to give a roadside blood test automatically incurs an impaired driving charge. No excuses accepted.

I meant breathalyzer, not a blood test.

[Guest]

On 8/8/2022 at 11:33 PM, former lurker said:

I don't doubt that's the law in CA, but it's not in most states. 

I'm not going to pull up the laws for every state of the union. Wikipedia states the laws are effectively the same in all states. The incident the original poster was discussing happened in California, so that's the law I quoted. 

[Scott Virginian]

From the website www.responsibility.org:

Every state has an implied consent law that stipulates that drivers consent to be tested if they are suspected of driving under the influence of alcohol and/or drugs. Test refusal (breath, blood, urine, etc.) is often the first step a drunk driver takes to avoid prosecution. Test refusals are most common among high-risk/repeat impaired drivers, primarily because these individuals know that their test results are likely to have a high-BAC and they are familiar with the system. In most states, the penalties for refusal involve administrative license suspensions ranging from 90 to 180 days. This is typically less punitive than the criminal sanctions for per se DUI.

On 6/23/2016 the Supreme Court of the United States (SCOTUS) ruled in Birchfield v. North Dakota that motorists may not be criminally punished for refusing to submit to a blood test based on legally implied consent. Since that time, a number of states that had criminal sanctions outlined in statute have begun the processing of amending legislation and now only permit civil sanctions. For example, both Kansas and Minnesota had criminal penalties for test refusal but the Supreme Court in each state ruled that the existing refusal laws violate the federal constitutional rights of drivers. States that still have criminal provisions in statute include AK, AR, FL, KY, ME, NE, ND, RI, VT, and VA. Also, in these states some caveats apply to when/how the law can be applied:

• Arkansas – law only applies to drivers under 21
• Florida – refusal becomes a misdemeanor if the driver’s license has previously been suspended for refusal
• Kentucky – refusal only carries criminal penalties if the individual is convicted of the DUI
• Louisiana – law only applies if the individual has refused to submit to a chemical test on two previous occasions
• Maine – refusal can be considered an aggravating factor at the time of sentencing
• Vermont – refusal only carries criminal penalties if the person has previously been convicted of DUI or is involved in a collision causing serious bodily injury/death

 

[former lurker]

14 hours ago, Unicorn said:

I'm not going to pull up the laws for every state of the union. Wikipedia states the laws are effectively the same in all states. The incident the original poster was discussing happened in California, so that's the law I quoted. 

See the post from Scott VA.  That describes the law in the majority of jurisdictions.  The "consent” imputed does not go to criminal liability, but rather to administrative penalties such as license suspension and required actions to have one's license reinstated.

[EZEtoGRU]

20 minutes ago, former lurker said:

See the post from Scott VA.  That describes the law in the majority of jurisdictions.  The "consent” imputed does not go to criminal liability, but rather to administrative penalties such as license suspension and required actions to have one's license reinstated.

Not to worry.  The poster in question frequently adopts positions on this forum that are baseless.  Let's move on.

I hope Heche survives her injuries.  If she does, she has a long road ahead...both physically and legally.

[Luv2play]

Unless I learn of extenuating circumstances, I have little sympathy for the situation she finds herself in. She could have killed anyone who had stepped into that street at the speed she was driving. Totally heedless of others safety.

[Guest]

8 hours ago, EZEtoGRU said:

Not to worry.  The poster in question frequently adopts positions on this forum that are baseless....

Not to worry. The respondent in this instance frequently adopts positions based on ignorance and looking at issues with blinders on/pre-conceived ideas... 🙄

Edited August 11, 2022 by Unicorn

[Guest]

15 hours ago, Scott Virginian said:

... In most states, the penalties for refusal involve administrative license suspensions ranging from 90 to 180 days....

This is from a defense lawyer's site:

https://www.thelawyersforyou.com/blog/2020/05/what-happens-if-i-refuse-a-breathalyzer-test-in-california/#:~:text=The law says that if,penalties for the offense itself.

"The law says that if you refuse to take the required breath, blood or urine test, your driver’s license will be immediately suspended for one year. If you refuse the test and are later convicted of DUI, there will be a mandatory fine and jail time as well as the penalties for the offense itself. If your refusal happens within 10 years of a separate DUI violation, your license will be suspended for two years; and if it’s within 10 years of two or more other DUIs, the suspension will be three years."

So, in California, the jurisdiction which is the subject of this string, the penalty for refusal for a 1st-timer is an automatic 1-year license suspension, whereas the license suspension for a 1st-time DUI is 6 months (though there are other penalties as part of a DUI conviction, obviously). 

[rvwnsd]

Moderator's Note: Please keep the conversation about Anne Heche.

Stop commenting about each other's posting practices.

[EZEtoGRU]

Police indicate there was cocaine in Heche's system based on tests done at the hospital.  Also possibly Fentanyl.  No alcohol found in her system though.

Separately,People Magazine is reporting that Anne Heche's rep has said:

"Unfortunately, due to her accident, Anne suffered a severe anoxic brain injury and remains in a coma, in critical condition," the rep says in a statement on behalf of Heche's family.

"She is not expected to survive."

 

[MiamiLooker]

On 8/10/2022 at 6:39 PM, Luv2play said:

Unless I learn of extenuating circumstances, I have little sympathy for the situation she finds herself in. She could have killed anyone who had stepped into that street at the speed she was driving. Totally heedless of others safety.

Anne Heche's car crash reveals our conflicting attitudes toward mental health and substance abuse
https://www.salon.com/2022/08/08/anne-heche-car-crash-mental-health-drinking-substance-abuse/

Edited August 12, 2022 by MiamiLooker

[Luv2play]

I knew very little about Ann Heche before this incident. I don't follow Hollywood people's lives as a rule.I don't go to movies or have a television in my home. So I wasn't aware of her mental issues or drinking.

That said, society has to protect itself from people who get intoxicated and then take their high powered cars on public roads where they are a menace to innocent people. The full measure of the law has to be applied but courts are left to apply the remedies in each situation.

[+ nycman]

1 hour ago, MiamiLooker said:

Anne Heche's car crash reveals our conflicting attitudes toward mental health and substance abuse
https://www.salon.com/2022/08/08/anne-heche-car-crash-mental-health-drinking-substance-abuse/

"I am the master of my fate:
I am the captain of my soul."

It’s true for everyone. 

Unfortunately for Heche, it was true for her as well. 

[Bucky]

A few potent pills before bed woulda been a lot less messy.  

[+ WilliamM]

On 8/10/2022 at 6:39 PM, Luv2play said:

Unless I learn of extenuating circumstances, I have little sympathy for the situation she finds herself in. She could have killed anyone who had stepped into that street at the speed she was driving. Totally heedless of others safety.

A neighbor my age when I lived in Massachusetts was drinking when  he drove the wrong way on a major highway. He was killed and the driver of a car going in the right direction was killed.

His parents never got over it. He was the oldest of four boys, no sisters.

His Mom grew up in Block Island, Rhode Island - which is a relatively sleepy place, I believe

[BabyBoomer]

Anne Heche has died.

~Boomer~

[Scott Virginian]

38 minutes ago, BabyBoomer said:

Anne Heche has died.

~Boomer~

Most unfortunate.  Apparently she was held on life support to determine whether her organs could be given to others, as she requested.  If her death gives new life to others, that's something positive arising from tragedy.  Her life was often troubled by mental health problems and leaves two sons, 20 and 13, surely grieving the loss of their mother.  

I also regret that she harmed others on the way out of this world.  I hope her heirs and estate executors will try to set that right.

 

[EZEtoGRU]

Some confusion about Heche's "death".  It seems she has been declared legally dead but has not physically died yet.  She is brain dead but her heart is still beating.  Anyway, I'm sure it's just a question of hours or days at this point.

https://www.yahoo.com/entertainment/anne-heche-death-obituary-car-crash-190632934.html

Edited August 12, 2022 by EZEtoGRU

[CuriousByNature]

1 hour ago, EZEtoGRU said:

Some confusion about Heche's "death".  It seems she has been declared legally dead but has not physically died yet.  She is brain dead but her heart is still beating.  Anyway, I'm sure it's just a question of hours or days at this point.

https://www.yahoo.com/entertainment/anne-heche-death-obituary-car-crash-190632934.html

I think that she will be kept on life support until her organs are removed, then with the ventillator turned off her heart will stop due to lack of oxygenation.