St. Senator Martha Fuller-Clark, famous from the out-of-state campaign workers who registered to vote for her while helping her campaign, apparently “blacked out” and hit a pedestrian. As usual, the police decided not to breathalyze her, despite the accident. Why isn’t there some kind of mandatory post-accident drug-alcohol test for elected officials who hit a pedestrian?
From SeacoastOnline (emphasis mine, reformatted):
PORTSMOUTH — State Sen. Martha Fuller Clark allegedly “blacked out” as her car jumped a curb and hit a pedestrian on Maplewood Avenue Friday night, police said.
The pedestrian, whom police didn’t identify, was brought to Portsmouth Regional Hospital with what appeared to be non-life-threatening injuries around 8:40 p.m., said Sgt. Chris Roth, who noted that he wasn’t on the scene and didn’t have specifics about the pedestrian’s injuries. “At this time, anything’s possible,” he said about 40 minutes after the crash.
So, were they “serious injuries” or not? “non-life-threatening injuries” does not mean “not serious” – that definition will play a role in just a bit.
The 71-year-old state senator was alert and conscious when police arrived at the intersection of Maplewood Avenue and Hanover Street, Roth said, adding that he assumed it was a medical condition that affected Fuller Clark. “We did not see her in her blacked-out condition,” he said.
So, the police can’t testify that she WAS blacked out, or wasn’t, right? So if she is, one process should follow. And if NOT, then another legal path, right?
Roth speculated that Fuller Clark’s silver 2010 Audi likely wasn’t traveling at an excessive speed when it drove up over the curb, “otherwise, there would have been serious bodily injury.” “With a car hitting flesh, it doesn’t take much,” he said.
Wait a sec – the injuries must have been above some level such that the pedestrian was brought to the hospital. If the victim was ok, it would have been a case of “get up and go” about their business; no muss, no fuss – in today’s healthcare environment, one doesn’t go to a hospital lightly.
Roth said Fuller-Clark isn’t being charged with any violations of the law and showed no signs of impairment. She was brought to the hospital, where she would have to consent to a blood test. “If they’re not showing signs of impairment, then it doesn’t fall under a mandatory draw,” Roth explained. “We may ask her for consent to have her blood drawn. That’s a possibility.”
Wait a sec – there is a claim of “black out” – would that have been from Fuller-Clark herself? A companion (unmentioned in the piece)? Once doesn’t JUST black out – last time I was out in public, I didn’t see folks slowly using gravity to become supine. That condition either arises from some kind of substance abuse / binging / imbibing or a medical condition. You hit someone – and the police response is?
What about this statute? RSA 265-A:16
Blood Testing of Certain Motor Vehicle Fatalities. When a collision, boating accident, or OHRV accident results in death or serious bodily injury to any person, all drivers or operators involved, whether living or deceased, and all deceased vehicle, boat, or OHRV occupants and pedestrians involved shall be tested for evidence of alcohol or controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person’s ability to drive
“all drivers or operators involved“. She blacked out, hit a person – and there is no impairment?? Or is this “deference shown” to a Notable? If that injury was serious enough to bring the victim (yes, Democrats like to create victims, but I doubt in this fashion – hope s/he hasn’t had their insurance canceled by Obamacare – if so, will Fuller-Clark pick up the tab? After all, Democrats created that man-made disaster) to the hospital, it doesn’t take a huge jump to “serious”. Would the same response by police have been extended to an out-of-state student from UNH?
Let me add this – the flip side is that if you are going to pass this stuff, then you need to live by these Nanny state rules. Wouldn’t she be willing to get the test to “lead from the front”? A role model? And shouldn’t the police have more strictly followed the RSA?
Roth said police are likely to issue a press release with more information after an officer on scene is able to supply it.