Dead are 21 y/o Ivan Carlos, 18 y/o Brenda Avilez and their unborn daughter, all of whom were sleeping on a mattress inside a shed which was attached to the mobile home’s carport when Christian’s SUV crossed over a median, crashed through a fence and struck the mobile home.
Per Ivan’s brother (also named Christian) who resided in the mobile home with his brother and Brenda (who are pictured below) the crash was so loud that it sounded like an explosion and it shook the entire home.
Police arrived shortly after the crash and although an officer immediately began performing CPR on Ivan it was a lost cause. Although they did not smell alcohol on him police believed that Christian had been driving while impaired when his SUV left the roadway and ended up inside of the home. The blood work, which took many months to come back, showed that marijuana and cocaine were in Christian’s system at the time, and that formed the basis of his arrest.
In the context of a DUI case the problem with blood work (or urine for that matter) is that it can detect substances in your system which were not effecting you at the moment even though they had not yet metabolized out. In the case of marijuana it is not uncommon for residue to appear in your blood (or urine) for weeks, and perhaps even months, after consumption (cocaine metabolizes much quicker but 2-4 days is not an uncommon period of time). If it is detected in your system then a presumption is created that you were legally impaired. You can rebut that presumption, but doing so is an uphill battle (especially when a dead young couple with a dead fetus are forced from their bed and into a neighbors home after your car was impaled into what was once their bedroom). Thus the lesson…
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