Oh my god they let him out.
Ok, so heres what REALLY happened. Rob was only slightly drunk (right at legal limit), another driver who was VERY drunk slammed on his brakes in the middle of an intersection, and they collided at approximately 40mph.
The other driver was also unlicensed and uninsured; driving a friends (insured) volvo station wagon. My brother was driving my mothers Toyota Rav 4.
In the crash my brother suffered six broken ribs, a broken arm and wrist, a broken leg and dislocated kneecap, a hairline skull fracture and a concussion, a broken optical orbit and nose, multiple deep facial and upper body lacerations including both his eyelids and his left eye (they think no permanent vision damage).
He was not wearing his seatbelt, the seat was adjusted very far forward (my brother is short), and most of his injuries were from the airbag.
The other driver was uninjured, and my brothers passenger was only severely bruised and battered.
He was arraigned this morning for misdemeanor driving without a license, violating his probation, and failure to appear. Additionally he will have to discharge the warrants in Massachusettts and North Carolina. They have declined to charge him with DUI. The other driver was also not charged.
They have scheduled his pre-trial hearing for next week (VERY fast in this state), and the lawyer is going to try and get him jsut 90 days, and have his suspended sentence on the assault charge continued.
If he's lucky, he's just going to get the 90 days. If they re-instate his suspended sentence he'll get two years, and probably do 9 months of it. He's VERY lucky they didnt charge him with DUI, but he was borderline BAC when they took his blood in the hospoital and they couldnt exactly conduct a sobriety test, so that was dropped. Otherwise he could probably expect 9 months for the DUI (two years sentence, 9 months actual time served) and another 9 for the other stuff; because his sentence would CERTAINLY have been reinstated.
Most importantly, he's not going to have a felony charge here.
Honestly I'm not sure how I feel about this. Yes I'm horrified at his injuries, but glad he's alive. I'm also glad he wont be facing felony charges, but I'm worried that he's just getting away with things again, and that will not only not help him; it will just make him worse.
My mother is going to report to the insurance company that he was not authorized to drive the vehicle. She has already done so to the police and they declined to arrest or charge him, because he said that he was driving home because his friend (who DOES have a drivers license, and who rents the spare room from my mother) was too drunk to drive home.
The insurance company may have a problem with that, I don't know.
