Q: If someone is walking down the middle of a highway and they get hit by a car and die, what happens to the driver
Driver is over 60. Sober. Upstanding citizen. Victim is under the influence.
A: Maybe nothing, maybe a charge if the person in the middle was visible. Even if drunk doesn't mean he's in line to be a hood ornament if someone could see him.
It could depend on the results of the investigation.
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