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View Full Version : Jim Leyritz's victim was also drunk


Fenway
02-02-2008, 02:38 PM
This certainly muddles things...

The woman former New York Yankees slugger Jim Leyritz is accused of killing last month in a drunken-driving crash was more intoxicated than he was, toxicology reports released Friday show.

Prosecutors say the results showing that Fredia Veitch had a blood-alcohol level of .18, will not affect their case against Leyritz. Florida's legal limit for motorists is .08.

http://www.sun-sentinel.com/news/local/broward/sfl-flbleyritz0202sbfeb02,0,5632952.story

Brian26
02-02-2008, 02:46 PM
This certainly muddles things...

The woman former New York Yankees slugger Jim Leyritz is accused of killing last month in a drunken-driving crash was more intoxicated than he was, toxicology reports released Friday show.

Prosecutors say the results showing that Fredia Veitch had a blood-alcohol level of .18, will not affect their case against Leyritz. Florida's legal limit for motorists is .08.

http://www.sun-sentinel.com/news/local/broward/sfl-flbleyritz0202sbfeb02,0,5632952.story

Didn't the original story describe this woman as a mother who worked the night shift at a restaurant, and she was either on her way to work or on her way home?

As far as muddling the case, that's insane. Leyritz is no less guilty of what he did.

Oblong
02-02-2008, 03:00 PM
Was she not wearing her seat belt? If she wasn't drunk she may have wore her belt and survived. I could see her drunkeness affecting what he's eventually convicted of.

fquaye149
02-02-2008, 03:11 PM
He still drove drunk and caused a crash that killed a person.

Fenway
02-02-2008, 03:15 PM
He still drove drunk and caused a crash that killed a person.

My wife the lawyer says that a good lawyer that Leyritz can afford will plant the seed that the other driver being drunk did something to contribute to the accident. He only needs 1 juror to convince.

He has gone from jail time to probation.This will be a plea out.

Brian26
02-02-2008, 03:18 PM
Was she not wearing her seat belt? If she wasn't drunk she may have wore her belt and survived. I could see her drunkeness affecting what he's eventually convicted of.

Um, no.

You're saying if she was not drunk, she would have worn her seat belt, but:

How do you know she ever wore her seat belt when she was sober? How do you know she simply forgot to wear her seatbelt because she was tired? How do you know she still wouldn't have been killed even if she had her seatbelt on? Talk about grasping for straws.

DumpJerry
02-02-2008, 03:20 PM
He still drove drunk and caused a crash that killed a person.
Spot on. It will not impact his criminal case.

If the woman's family sues Leyritz for wrongful death, the fact that she was drunk and not belted in might mitigate some of the damages Leyritz could face. I say "might" because Leyritz would have to show that a sober driver in her position resonably could have avoided the accident and/or a belted driver could have received less severe injuries. IIRC, it is alleged Leyritz was going very fast. If so, that hurts his ability to claim a sober driver could have avoided him.

It's what lawyers call contributory negligence.

fquaye149
02-02-2008, 03:23 PM
My wife the lawyer says that a good lawyer that Leyritz can afford will plant the seed that the other driver being drunk did something to contribute to the accident. He only needs 1 juror to convince.

He has gone from jail time to probation.This will be a plea out.

I don't know a whole lot about the law, but I was really only speaking about from a judgmental perspective.

Or whatever

Brian26
02-02-2008, 03:23 PM
My wife the lawyer says that a good lawyer that Leyritz can afford will plant the seed that the other driver being drunk did something to contribute to the accident. He only needs 1 juror to convince.

How can an innocent person driving under the speed limit with the right-of-way of a green light while minding her own business somehow "contribute to the accident?"

Fenway
02-02-2008, 03:27 PM
How can an innocent person driving under the speed limit with the right-of-way of a green light while minding her own business somehow "contribute to the accident?"

blood level of .18? she no longer innocent

Oblong
02-02-2008, 03:31 PM
Um, no.

You're saying if she was not drunk, she would have worn her seat belt, but:

How do you know she ever wore her seat belt when she was sober? How do you know she simply forgot to wear her seatbelt because she was tired? How do you know she still wouldn't have been killed even if she had her seatbelt on? Talk about grasping for straws.

Since I won't be on the jury it doesn't matter what I know or don't know. I'm speaking to what his lawyer will be able to do in court to convince the jury. If she was sober and wearing her seat belt then she may not have died. The "-cide" portion of the charges could be argued as being partially her responsibility.

How can an innocent person driving under the speed limit with the right-of-way of a green light while minding her own business somehow "contribute to the accident?"

If a drunk driver is involved in an accident in which they had no fault in causing, and there were no fatalities, would they get off the hook? No. They still book and charge you with drunk driving. If she was sober she may have noticed him a lot sooner and thre's no accident. Certainly he's at fault for causing it but all a lawyer has to do is plant some seed of responsibility for the death on her being drunk. I'm not saying this is the way it should be, I'm saying this is the way his lawyers will present it and I think he'll be successful in the criminal portion in reducing the charges. The civil case will be different.

Bucky F. Dent
02-02-2008, 04:56 PM
That will effectively scuttle any civil claim against him, but the criminal prosecution should stand.

chaerulez
02-02-2008, 05:23 PM
That will effectively scuttle any civil claim against him, but the criminal prosecution should stand.

Yes, to say he didn't commit a crime is just plain stupid. Yes, she was drunk herself and it didn't help causes, but so was he.

beckett21
02-02-2008, 11:17 PM
blood level of .18? she no longer innocent

I think she's been punished enough.

Fenway
02-02-2008, 11:21 PM
I think she's been punished enough.

Yes she has....

State of Florida hasn't helped their cause by withholding this news for a month.

Look I know that at 2 AM in Florida there is a good chance 20% of the drivers on the road are loaded. Every bar is packed at closing and there is no bus, subways or cabs. That is a way of life in that state.

beckett21
02-02-2008, 11:45 PM
Yes she has....

State of Florida hasn't helped their cause by withholding this news for a month.

Look I know that at 2 AM in Florida there is a good chance 20% of the drivers on the road are loaded. Every bar is packed at closing and there is no bus, subways or cabs. That is a way of life in that state.

That could be said of a lot more places than just Florida, I'm certain.

I'm not defending the victim for being drunk, but she did pay the ultimate price. It just makes her a little less sympathetic of a victim. Leyritz is no more innocent than he was yesterday.

If it were the other way around and he was the victim, I doubt that she would be getting much (any) sympathy regardless of whether or not Leyritz was drunk.

Fenway
02-02-2008, 11:50 PM
That could be said of a lot more places than just Florida, I'm certain.



True....but it seems worse in Florida.

beckett21
02-02-2008, 11:54 PM
True....but it seems worse in Florida.

Having lived in the Sunshine State myself for 3 years, I can't really argue.

I'm sure that some of the law enforcement officials here could chime in with statistics, but in general it is a pretty good idea to stay off the roads in the wee hours of the night, particularly on the weekend. I really don't like being on the road after 10 pm on weekends.

Maybe I'm just getting old and paranoid. Or wise.

jdm2662
02-03-2008, 12:14 AM
Having lived in the Sunshine State myself for 3 years, I can't really argue.

I'm sure that some of the law enforcement officials here could chime in with statistics, but in general it is a pretty good idea to stay off the roads in the wee hours of the night, particularly on the weekend. I really don't like being on the road after 10 pm on weekends.

Maybe I'm just getting old and paranoid. Or wise.

Don't be. I don't have much of a bar scene by me (at least down certain streets), and I don't like driving late at night.

Grzegorz
02-03-2008, 05:49 AM
This certainly muddles things...

No, not really... It's all about personal responsibility.

dickallen15
02-03-2008, 07:44 AM
Leyritz blew through a red light at a high rate of speed. I don't know how her being sober would have changed what happened. Would it have been OK for him to shoot her if she was driving drunk? Hey, she's breaking laws too. This isn't football. The penalties don't offset. The collision was hard enough where she was ejected from her car. If, as was suggested earlier, Leyritz gets nothing but probation, (wasn't he 3 times the limit, and driving on a suspended or revolked license) there is something terribly wrong, and Florida would need a new State's Attorney.

Hendu
02-03-2008, 12:26 PM
Bottom line - Leyritz was drunk and caused the accident by driving recklessly. He walked away, while the other driver died. It doesn't matter that the other driver was drunk, unless she had caused the accident. Leyritz will be doing hard time.

Soxfest
02-03-2008, 02:13 PM
I feel bad for both.:o: