COSTA RICA NEWS – The driver responsible for the traffic accident and death of three of his passengers early Sunday morning was freed on Monday by the Juzgado de Turno Extraordinario de Heredia.
The press office of the Court confirmed the release with precuationary measures of the 35 year old man identified by his last name, Guzman, but did not give details of what they were.
However, a report by local television Canal 9, says the release is due to an interpretation by the judges that a driver cannot be held responsible if a passenger boards a vehicle when said driver is visibly impaired.
The driver was arrested by the Organismo de Investigación Judicial (OIJ) at the scene of accident, where his girlfriend and two other friends died after colliding with an oncoming vehicle. A roadside breathlyzer test proved positive for alcohol consumption. The driver and three passengers of the other vehicle were unhurt.
Guzman was charged with three counts of manslaughter, which has a penalty of six months to eights years in prison for each count.
According to the Policia de Transito (traffic police), besides being intoxicated, Guzman was speeding. Witnesses told police that the driver was involved in street racing.
So all charges, including the manslaughter charges were dropped?
The charges should stand, and the question of whether the driver was “visibly impaired” should be a question for trial. This guy is charged with three counts of manslaughter because his reportedly reckless and irresponsible driving killed his passengers. If he had been driving a larger car or if the car he plowed into was smaller, there would likely have been more fatalities. The driving described would make this guy a public menace. Preventative detention appears appropriate.