Long wanted to write in the case of “drunken boy”. Let me remind you that a comprehensive forensic examination in a result set, the lack of alcohol in the blood of a child who died in a road accident in city Balashikha. Type expert contaminated samples, but the intent was not in it, so it brought a case under article “Negligence”.
And if you wonder, friends, that if alcohol found in the blood of the child and the adult? Which, theoretically, could drink the same bottle of vodka. Was it possible to prove something? I doubt it.
And I immediately recalled two cases from our practice. Both in the Moscow region, by the way. In both cases, the pedestrians in the evening crossed the road, and they were shot down flying at near the speed of the car. Let’s talk about one, as a similar situation.
So, Moscow oblast. Late in the fall. Rainy weather. The narrow road where the speed limit is 40 km/h. Person goes from work (!) and crossing the road. Where he crosses the road — a Zebra. Without a traffic light. I.e., unregulated pedestrian crossing. At this time, it makes hitting the car. As a result of arrival the pedestrian separates the head and the body is a few dozen meters from the Zebra. I think that the fault of the driver here is simple? Schaz!
Later the experts will argue, this examination is, in the case that: — the car was driving with allowed speed (you can imagine that upon impact from a car moving at a speed of 40 km/h, the man separates the head? No? Here I am, too. But experts in that inconsistencies do not see);
the pedestrian was crossing the Zebra crossing, and 50 meters after it (this seems to be in order to explain the location of the body);
— the pedestrian was drunk (came from work and immediately took a bottle of vodka from the stress).
All documented, the mosquito nose will not undermine. The mother of the deceased goes to the authorities for several years. On this subject already filmed a few reports on TV. The case is still under investigation, it was replaced by several investigators. But if you accept the fact that this picture, which outlined the expert, no investigator or judge will be able to take any decision but to acquit the driver. Because on paper everything is OK. Went with the allowed speed, drunk traveling on foot suddenly fell under the wheels, braked, but it was too late. However, the man’s head came off, but who doesn’t.
It is of course possible that there are honest investigator or a judge and does not believe that this “expertise”, but think about the chances of that? If the whole country is in unison, defended the common sense that the child could not walk in the yard and at the same time drink vodka (probably with my grandmother for two), and we then argue that the errors can not be, and only now finally admitted that the examination is fake, then what to expect other people where the situation is not so clear? How to prove to them that their relative was really dead drunk? How to prove that he fell out under the wheels of a car 50 meters from zebras? After all, it is theoretically possible, and the expert…
In General, it’s business, friends. Monstrous and cynical business where one stroke of the pen, using only a different coefficient of grip or contaminating the sample alcohol flora, the person of the victim turning into the accused and Vice versa. Inexpensive.
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