Hate to rain on everyone’s parade, but did anyone notice the BAC. .02. .02 is not impaired. You may call that a “technicality” but there it is. Being up all night, I would bet he fell asleep. You may want someone convicted negligent homicide for falling asleep and you may be right. But you can’t seriously believe that someone with a BAC of .02 can be convicted on that alone.
What was it at 7:30 when the crash happened? The article says it was .02 at 9:00. That is an hour and a half after the accident.
3 hours after the fact. Assuming he had a .02 three hours after the event and that he weighs anywhere from 160-180 lbs, that means his BAC at 6 AM was somewhere around .08, but that doesn’t matter, because MA law states that if you’re under 21, .02 is legally drunk.
There is no way he downed 10 beers and blew a .02. 10 beers would be between .13 and .18 depending on his weight.
He either blew 0.2 and the paper screwed up the reporting or he didn’t drink 10 beers.