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Old 05-06-2006, 10:36 AM   #37 (permalink)
loganmule
Junkie
 
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Location: midwest
According to Kennedy's latest statement, a woman was with him that night (unidentified), who tried to keep him from leaving and also could confirm that he had not been drinking. Sure...that's the ticket...can't wait to hear about all the other exculpating "details" of the evening, as they continue to come back to him.

Kennedy's plan is to ride out the media storm and wait until the news networks find something else to focus on. To do that he has to consistently deny/lie about "intentionally" operating a motor vehicle while impaired, since that's a crime (and Rekna, actual or constructive knowledge of one's own impairment is the "intent" element of the criminal offence which must be proven).

Alcohol, in combination with any sedative or hypnotic drugs is sufficiently known to cause impairment that a criminal case could probably be made out against him, particularly with Kennedy's background of binge drinking and substance abuse. As long as he is able to keep out any concrete evidence of alcohol consumption, the posssibility of an idiosyncratic response to Phenergan and Ambien is the "reasonable doubt" that justifies a "no action" determination by the district attorney's office.

Without a blood sample (and to my knowledge there was none), he skates, simple as that.
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