[fatlazyless]

And, on the other hand, if you cross the center line while totally sober and kill three and injure a fourth, a 25-year old Thornton male first sentenced to 12 years in NH prison recently had his case successfully appealed in NH Supreme Court by Atty James Moir. In June 2009, the NH Supreme Court voted 3-1 to over rule the conviction of a 25 year old male from Thornton who struck two Harley Davidsons head-on, in June 2006. By drifting across the center line of Route 49 in Thornton at the s-curve, he killed three and injured a fourth person, who were two married couples ages 53-54, all employed at an Indiana GM car dealer, who were in NH for motorcycle week. First, sentenced to 12 years in state prison, his convicton was over turned after serving about 2 1/2 years, when the NH Supreme Court decided that what he did did not constitute negligence.

He had a blood alcohol level of zero at the time. He did have a number of prior driving violations including moving violations, however that information was not allowed to be admitted during the trial.

Justice Linda Dalianis, speaking for the majority, said something like; " ...he crossed the center line for some unknown reason and that does not equal negligence."

In my personal opinion when it comes to determining negligence, it probably does not matter if you are legally drunk or just day-dreaming when you cross the center line, especially when the victim is a member of your family.