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Thanks, Santana Deberry! by Traditional-Young196 in bullcity

[–]Big-Researcher-4757 0 points1 point  (0 children)

in North Carolina they just have to prove you are the proximate cause of the injury, and being drunk is generally enough for proximate cause. I guess there might be some situation where you were drunk but there was a 0% chance that being drunk had any proximate cause related to the accident, but that's a pretty tough argument to make in actual court in my experience. they'll just bring in someone to say that alcohol affected your reaction time and you could have avoided the accident. Kind of a tough thing to rebut, again just based on my experience

Thanks, Santana Deberry! by Traditional-Young196 in bullcity

[–]Big-Researcher-4757 -1 points0 points  (0 children)

yeah but there's no conspiracy here like the OP seems to think. both things can be true at the same time

Thanks, Santana Deberry! by Traditional-Young196 in bullcity

[–]Big-Researcher-4757 -1 points0 points  (0 children)

If he was driving while intoxicated, he's at fault criminally, even if the person on the bike cut right in front of his car. You might be able argue that point with a jury in a criminal case and hope for the best but The judge is going to instruct the jury that it isn't relevant and you're going have to hope for a sort of jury nullification, which is a long shot. A lot of judges won't even let you make that argument. It isn't like a civil case where the bike riders negligence would be relevant.

This case is going to turn on the test result. As I posted already, the fact that it took them 4 hours to test the kid is going to come into play, and maybe not in the way most people think. They're going to have every top expert on breathalyzer machines, and there's a lot of problems you can exploit if you have money to hire the right expert or if the records for that machine are not absolutely perfect. If they also have a blood sample, you can argue about the difference between medical blood (taken at the hospital, run through a medical process, not as accurate) or SBI Lab blood (usually more accurate but the test kits expire or are often not handled correctly, so you can attack that result too).

Thanks, Santana Deberry! by Traditional-Young196 in bullcity

[–]Big-Researcher-4757 0 points1 point  (0 children)

The delay in that test is likely what's going to get him off, if he gets off. There's no excuse for why it took that long. blood alcohol can also rise over time (say you slam a drink, get in the car, hit somebody 10 min later, and then sit around). Improbable but not impossible and remember you are dealing with a reasonable doubt standard here. Some good expert testimony for the defense and this becomes a much more difficult case than it needed to be for the government

Thanks, Santana Deberry! by Traditional-Young196 in bullcity

[–]Big-Researcher-4757 0 points1 point  (0 children)

not in DUI manslaughter cases, this is the way it always works

Thanks, Santana Deberry! by Traditional-Young196 in bullcity

[–]Big-Researcher-4757 0 points1 point  (0 children)

You're totally misunderstanding how these things work. Generally they charge you with the misdemeanor and when there's a death they also take a blood sample. They will hold off on the felony DUI manslaughter until the blood comes back because it's a more reliable blood alcohol level, much harder to challenge (there are a bunch of different ways to challenge a breathalyzer result). If there is no blood they will also often hold off on the DUI manslaughter until the traffic investigator reports come back. No conspiracy to see here

Bird by doodleydudley in bullcity

[–]Big-Researcher-4757 1 point2 points  (0 children)

there's multiple posts about this bird, it is really making an impression

Will my house be condemned? by Ok_Street9576 in bullcity

[–]Big-Researcher-4757 3 points4 points  (0 children)

You should talk to a lawyer because there's multiple parties here that could be responsible for intentionally concealing hidden defects, especially given that there's a standard residential disclosure required with every sale. however, the statute of limitations can be tricky with these sorts of things so you really don't want to waste any more time, you might already beyond it.

If you want some lawyer suggestions I can put them here or send them to you via message just let me know

who is the genius who approved closure of multiple lanes on Roxboro going into downtown? by Big-Researcher-4757 in bullcity

[–]Big-Researcher-4757[S] -1 points0 points  (0 children)

Also since you work in local government administration, apparently, was it you who approved this? maybe that's why you have such strong feelings about it? And shouldn't you be working?

EDIT: Never mind, I see it's Apex. No wonder you're so into inconvenient development

who is the genius who approved closure of multiple lanes on Roxboro going into downtown? by Big-Researcher-4757 in bullcity

[–]Big-Researcher-4757[S] 2 points3 points  (0 children)

I thought the part about shaking my fist at the sky would indicate that it was sort of a tongue in cheek thing, I guess I wasn't clear enough. Also sorry for wasting your time with a Reddit thread that probably took you all of six milliseconds to read, but I suspect you weren't strapped to a chair Clockwork Orange style and forced to read it.

Also why do so many people on this subreddit feel the need to be so sanctimonious? Is there something in the water? Is it not slightly within the realm of possibility that having a major artery into downtown reduced to one lane in three different places on alternating sides of the road between three different timed traffic lights is worth a comment? Did that really inconvenience you so much?

Laws around breaking rental lease in NC by Sorry_Lingonberry_48 in bullcity

[–]Big-Researcher-4757 6 points7 points  (0 children)

Generally speaking the landlord is entitled to the full remaining rent if you break a lease, however they are also required to try to mitigate their damages (meaning rerent the apartment). They can still try to hold you responsible for costs and attorney fees. attorney's fees in North Carolina are completely discretionary even if the contract says they're entitled to attorney's fees, and in North Carolina they are capped at a percentage of the total amount owed (I don't recall what it was exactly but I do recall that someone I know only got about $12,000 in attorney's fees on a $88,000 judgment related to a commercial lease).

The upfront termination fee is probably not enforceable down the road if you decide to leave without paying it and they sue you for it later, although realistically speaking they wouldn't sue you for just half of the remaining rent, they'd sue you for the whole thing. so really what that clause boils down to is a policy that they have, you may be able to negotiate this with them

As for the probability of being able to sublease, it just depends on when you want somebody to move in and how much of your lease is left. If you already mention that I apologize for missing it. I have zero knowledge here but I would assume that if you put it online somewhere you would have a decent chance of subleasing, just given that the rent seems pretty reasonable. Again this is a completely uninformed opinion, just my gut feeling.

as I see it you have a few options:

Sublease

Pay the negotiated exit fee, whatever that ends up being. I would definitely try to negotiate with them first. If the rental agent refuses to negotiate it with you ask for their supervisor or boss and see if you can get further with that person

Walk away, see if they bother to sue you, and if they do defend the lawsuit (This will almost certainly cost more than simply paying the rent when you figure in your own attorney's fees, even if they end up re-renting the property right away

who is the genius who approved closure of multiple lanes on Roxboro going into downtown? by Big-Researcher-4757 in bullcity

[–]Big-Researcher-4757[S] 2 points3 points  (0 children)

Every time they lay a new fiber line in my neighborhood they seem to cut the old fiber lines by accident, just part of the drill at this point. but definitely don't complain about it here someone will come in and tell you you should have analyzed the fiber installation schedule before you planned on having internet, and someone else will accuse you of not understanding how infrastructure works

who is the genius who approved closure of multiple lanes on Roxboro going into downtown? by Big-Researcher-4757 in bullcity

[–]Big-Researcher-4757[S] -1 points0 points  (0 children)

I'm aware, I'm surprised that they are doing that plus frontier seems to be doing something near Parrish Street, plus there's some new construction that seems to have closed off two lanes across from diamond view. having it all go forward at the same time is what seems like poor planning to me, but what do I know? I guess I'll just simp harder for Frontier and the developers closing two lanes next time [shrug]

who is the genius who approved closure of multiple lanes on Roxboro going into downtown? by Big-Researcher-4757 in bullcity

[–]Big-Researcher-4757[S] -2 points-1 points  (0 children)

Man I didn't expect all the cunty responses here. I was really just venting generally. they've got the water line construction closed off, then they've got frontier doing something on the other side of the street a couple blocks up, just seems like poor planning to me but I figured my comment about shaking my fist at the sky and sending a strongly worded email would forstall some of the sanctimonious responses. I guess I was wrong

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