Bullfighter in Hospital - Hit head-on by DUI | Page 49 | FerrariChat

Bullfighter in Hospital - Hit head-on by DUI

Discussion in '308/328' started by Robb, Mar 28, 2016.

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  1. beng

    beng Formula Junior
    Silver Subscribed

    Jan 24, 2006
    619
    RSF, California
    Full Name:
    Benjamin Galdston
    Convicted of gross vehicular manslaughter.

    https://fox5sandiego.com/2019/01/28/woman-convicted-in-fatal-pot-dui/

    SAN DIEGO — A woman who was under the influence of marijuana when she caused a head-on collision near Scripps Ranch that killed a passenger in the other car was convicted Monday of gross vehicular manslaughter while intoxicated and DUI causing injury.

    Jurors, however, deadlocked 10-2 on a second-degree murder charge against 36-year-old Hyun Jeong Choi. The prosecution will return to court Friday to inform Judge Joan Weber if it plans to re-try Choi for murder in the March 27, 2016, crash that killed 43-year-old Amanda Walzer and left her fiance, 49-year-old Jon Warshawsky, with a traumatic brain injury.

    Choi’s first trial ended in a mistrial last June when an officer testified about something that wasn’t in any report.

    Deputy District Attorney Andrew Aguilar said Choi pleaded guilty to driving under the influence of alcohol in 2013 and was given several warnings about the dangers of driving while under the influence of alcohol or drugs.

    Aguilar said that just before the fatal collision, Choi had smoked marijuana she purchased at a nearby dispensary. An open bag of marijuana and a freshly used marijuana pipe were found in the defendant’s vehicle after the crash, the prosecutor said.

    After she was released from the hospital, Choi admitted she “tried to fight it” and “tried to get home” after smoking the marijuana she had just bought.

    Defense attorney Stephen Cline told the jury that Choi made a “naive and negligent mistake” by purchasing what she thought was the same kind of medical marijuana she had used before to calm her social anxiety.

    When Choi returned from traveling overseas, her usual dispensary was gone and she purchased what she thought was the same type of marijuana that had helped her before from a dispensary in the Miramar area, Cline said.

    The attorney said there were no warnings about the strength and potency of the marijuana, which had an immediate impact on Choi.

    “She had no idea what she left that store with,” her attorney said. “She was impaired. Catastrophically impaired.”

    Witness Regis Kodzi testified that he and his wife were traveling on Pomerado Road behind Warshawsky’s 1956 Porsche when Choi’s Toyota Corolla crossed a center divider and hit the vintage sports car head-on about 5:30 p.m.
     
    Texas Forever likes this.
  2. TheMayor

    TheMayor Nine Time F1 World Champ
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    Feb 11, 2008
    98,734
    Vegas baby
    There is no excuse for lighting up drugs and then driving. "Trying to fight it"? It's called stopping, shutting off the engine, and then calling Uber.

    This article is very disappointing. Instead of going into the details the tragedy of loss of life, the loss to the survivors, and health damage done to the innocent victims, it repeats the defense lawyers "excuse" for causing the accident.

    Instead, it's just a "vintage sports car accident. My bad".
     
    phrogs, rdefabri, thorn and 2 others like this.
  3. Jack-the-lad

    Jack-the-lad Six Time F1 World Champ
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    Jun 22, 2004
    69,344
    Moot Pointe
    Most of what I have to say about this would belong in P&R.
     
  4. Rosey

    Rosey F1 Rookie

    Nov 5, 2015
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    I'd throw her in jail alone for just using such a stupid excuse as " I thought the marijuana (I was smoking while driving) would be the same strength as the last time I bought it (when I was last smoking and driving) ".

    WTF???
     
    PureMichigan, Jack-the-lad and 635CSI like this.
  5. dm_n_stuff

    dm_n_stuff Four Time F1 World Champ
    Lifetime Rossa Owner

    7-16 years in state prison for the convictions.

    The charge they deadlocked on was the one that would give her more time, lots more time.

    2nd degree murder would get her an additional 15 years minimum to maximum of life (which, I'd guess is actually 25 years before being eligible for parole.)

    Lets hope that the prosecutor goes back after her on that. There is just no excuse for driving impaired.

    D
     
  6. TheBigEasy

    TheBigEasy F1 World Champ
    Consultant

    Jun 21, 2005
    16,943
    California
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    Ethan Hunt
    7-16 years in prison is NOT ENOUGH for the damage she caused to so many lives....

    Sad sad sad story for all involved.

    Sending my best to you, Bullfighter!!
     
  7. Ferraripilot

    Ferraripilot F1 World Champ
    Owner Project Master

    May 10, 2006
    17,181
    Atlanta
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    John!
    I think they'll retry the murder charge but first offer a different deal. This is massively expensive for whoever is paying her defense. The case is getting pretty well-known locally so there might be an argument to move it to a different venue, one that won't be quite so friendly.
     
  8. cmt6891

    cmt6891 Formula 3

    Feb 25, 2008
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    Encino, Ca
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    Carl T
    YES. Since when is driving under the influence considered acceptable regardless of substance, not to mention the catastrophic damage and tragedy resulting. Most ridiculous defense I have ever heard. Sadly it seems that it might have had an effect.
     
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  9. thorn

    thorn F1 Rookie
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    Aug 7, 2012
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    Tallahassee, FL
    #1209 thorn, Jan 31, 2019
    Last edited: Jan 31, 2019
    The subtle bias in this this story should embarrass anyone who would even hope to call themselves an impartial journalist. I worked in television for nearly 20 years... and that report's angle approaches disgusting.
     
  10. Rosey

    Rosey F1 Rookie

    Nov 5, 2015
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    #1210 Rosey, Feb 1, 2019
    Last edited: Feb 1, 2019
    These days when an incident happens (that somebodys actions have caused) but the outcome was not favourable it's common practice for that person to find something or someone else to blame.
    It's sad that the first thought people have today, rather than take responsibility for their own actions, is to see who they can blame.
    The very last option taken is to admit to their own guilt.
     
  11. Jack-the-lad

    Jack-the-lad Six Time F1 World Champ
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    Jun 22, 2004
    69,344
    Moot Pointe
    Yes, disgraceful. But also disgraceful has been the rush to legalize marijuana without really considering all the consequences. She had a prescription due to "social anxiety disorder"? Seriously? Did anybody really believe the "medical" ruse wouldn't be abused on a massive scale?
     
  12. George Vosburgh

    George Vosburgh F1 Rookie
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    Like this woman couldn't figure out she was in no condition to operate a vehicle? This woman should be jailed.
     
  13. Rosey

    Rosey F1 Rookie

    Nov 5, 2015
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    Was just thinking, any further updates on Jon, and to a lesser extent, the outcome of the trial?
     
  14. dm_n_stuff

    dm_n_stuff Four Time F1 World Champ
    Lifetime Rossa Owner

    https://timesofsandiego.com/crime/2019/03/22/intoxicated-motorist-who-caused-fatal-accident-sentenced-to-nearly-12-years/


    A woman who was under the influence of marijuana when she caused a head-on collision near Scripps Ranch that killed a passenger in the other car was sentenced Friday to nearly a dozen years in state prison.





    Hyun Jeong Choi, 36, was convicted in January of gross vehicular manslaughter while intoxicated and DUI causing injury for the March 27, 2016, crash that killed 43-year-old Amanda Walzer and left her fiance, Jon Warshawsky, with a traumatic brain injury.


    Choi had also been charged with second-degree murder for the crash, but jurors deadlocked on that count. Choi agreed to accept a stipulated 11- year, eight-month sentence and waive her appellate rights to avoid a retrial on the murder count, which would have triggered an additional 15-years-to-life term had she been convicted.


    In 2013, Choi pleaded guilty to driving under the influence of alcohol and was given several warnings about the dangers of driving while under the influence of alcohol or drugs, according to Deputy District Attorney Andrew Aguilar.


    The prosecutor said that just before the fatal collision, Choi had smoked marijuana she purchased at a nearby dispensary. An open bag of marijuana and a freshly used pipe were found in the defendant’s vehicle after the crash, he said.


    After she was released from the hospital, Choi admitted she “tried to fight it” and “tried to get home” after smoking the marijuana she had just bought.


    Defense attorney Stephen Cline told the jury Choi made a “naive and negligent mistake” by purchasing what she thought was the same kind of medical marijuana she had used before to calm her social anxiety.


    When Choi returned from traveling overseas, her usual dispensary was gone and she purchased what she thought was the same type of marijuana that had helped her before from a dispensary in the Miramar area, Cline said. The attorney said there were no warnings about the strength and potency of the marijuana, which had an immediate impact on Choi.


    “She had no idea what she left that store with,” her attorney said. “She was impaired. Catastrophically impaired.”


    Witness Regis Kodzi testified that he and his wife were traveling on Pomerado Road behind Warshawsky’s 1956 Porsche when Choi’s Toyota Corolla crossed a center divider and hit the vintage sports car head-on about 5:30 p.m.
     
    carguyjohn350 likes this.
  15. Rosey

    Rosey F1 Rookie

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    Thanks for the update Dave.

    She should have got an even tougher sentence IMHO.
     
  16. brent Lachelt

    brent Lachelt Formula 3
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    Very sad. The punishment just doesn’t fit the crime IMHO.
     
    GatorFL and Rosey like this.
  17. dm_n_stuff

    dm_n_stuff Four Time F1 World Champ
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    Please keep the P&R where it belongs. Just a warning this time, next time=thread and/or site temp ban.

    Glassman, your post deleted because it quoted a Political post, not for its own content.

    D
     
  18. Bullfighter

    Bullfighter Two Time F1 World Champ
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    Jan 26, 2005
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    Jon
    Not just your opinion.
     
  19. VGM911

    VGM911 Formula 3

    Apr 8, 2007
    1,379
    New Jersey
    I hope that this conviction and sentence bring some closure (and peace) to Bullfighter.
     
  20. energy88

    energy88 Two Time F1 World Champ
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    John
    Sounds to me like there might be grounds to go after the dispensery for negligence on civil grounds akin to bars serving alcohol to impaired persons. Just a theory.
     
    boxerman likes this.
  21. Glassman

    Glassman F1 World Champ
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    Absurd theory. Just simply looking for someone with maybe deep pockets to pay for an *******s bad judgement. According to the transcript posted this very negligent woman was not impaired until she left the dispensary, and decided to break the law. That is negligent homicide and yes the sentence does not meet the crime. A lot of people want legal pot and many others want alcohol to remain legal............then just follow the freaking law........don't drive screwed up. What if some guy walks into the local Safeway store and buy's a 18 pack of Bud Light. Then chats up the cute checker gal and heads out. Then he sits in the parking lot and drinks it all........then out on the street to wreak havoc. Do you sue Safeway and the checker?
     
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  22. energy88

    energy88 Two Time F1 World Champ
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    My theory (from news article above) is based on the fact that since this was a medical substance, some type of prescription from a medical doctor was probably necessary and that the dispensary had a duty, like a pharmacist, to dispense exactly what was ordered, and not something stronger as the woman has claimed she received. Of course, the woman could be using the dose concentration issue as an excuse for her negligence. If the dispensary released an improper concentration on their own without a doctor change order, I would suspect that would be a violation of CA dispensary regulations.
     
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  23. Glassman

    Glassman F1 World Champ
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    The woman is using any excuse she can come up with to deflect blame. Can you agree with that. The fact is .....she smoked the stuff and then DROVE A CAR. Do you get that? She broke the law. If she had driven home and then smoked (and I don't really care how powerful this was) she didn't. This horrible accident is her responsibility only.
     
  24. Bullfighter

    Bullfighter Two Time F1 World Champ
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    Jan 26, 2005
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    Jon
    The dispensary is protected by warnings and disclaimers. I don't recall the owners of the dispensary appearing in court or being named in any related suits.
     
    energy88 likes this.
  25. Jedi

    Jedi Moderator
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    Mar 18, 2008
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    Dave
    I'm so sorry Jon. Such a huge loss for you in your life. So tragic, and SO avoidable.

    The sentence is a travesty.

    I only hope you find a path past this horrid phase in your life, and I'm so glad you at least recovered physically - the other aspects of this I'm sure will be with you for life, and I cannot imagine having to deal with all that you have dealt with since this horrid event began. I try to imagine it, and have to close my thoughts - it's just too awful.

    I know I'm not much a frequent poster here these days - but I "lurk" a lot and I've never forgotten this event.

    Wishing you the very best, with all the "good vibes" I can send your way to finally put this awful experience to the past - somehow.

    Always in my thoughts and prayers, Jon.

    Jedi
     
    Texas Forever, wax, Rod and 1 other person like this.

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