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Social media could come into play in a DUI case

Breana Webb
Breana Webb
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Updated: 10/30/2012 8:04 pm
There has been a social media firestorm following the crash that killed 18-year-old Breana Webb. It includes tweets on Webb's Twitter account that show she may have been drinking.

The District Attorney's office says it can't comment on this case because it's still pending but local defense attorney, David Torres, says postings on social media sites have been used as evidence before.

Messages on Breana Webb's Twitter account are still posted, showing she may have been drinking the morning of the crash. At 1:00 a.m. Monday, her tweet reads, "Dude, me and Jessica rule at drinking games." Around the same time, her friend posted this tweet that says, "Whenever Breana and I play drinking games together, we beat 'expletive.'" Both were posted just hours before Webb would climb behind the wheel of her car.

Monday night, about 200 friends remembered Breana at Riverwalk Park.

"It's just devastating," said Holly Rockwood, a friend of Breana. "It's shows what can really happen. We all need to realize what can really happen."

"It's made a huge impact," said Kelsey Scott, Breana's friend. "Everybody's been posting on Twitter and Instagram and everything for her. She's so loved and cared about. It's amazing."

Among the condolences on social media, some of Webb's friends were coming to her defense after her last tweet about drinking surfaced.

One of the tweets said, "Have some respect."

Investigators determined 33-year-old Martin Juarez caused the crash that killed Webb, saying Juarez was under the influence and crossed into Webb's path. However, local defense attorney David Torres says social media postings could be allowed as evidence in the case if it's authenticated.

"Both sides will have their re-constructionists, perhaps even toxicologists, testify as to whether or not the levels of intoxication would have had an effect, whether positive or negative, or otherwise with respect for this particular incident and how it happened," said Torres.

That means they will question if any alcohol had an effect on Webb's reflexes to move out of the way. Webb's family did not have any comment Tuesday and neither did the Juarez family.

Although a tweet from Steve Sanchez, who says he's Juarez's nephew, posted on Twitter, "My uncle killed someone" and "Sorry for what my uncle did, Breana."

"When people say once something gets out into the internet, it gets out there to the world and forever, that comment is absolutely true. So, folks had better watch out what they put on social media," warned Torres.

The Coroner's office says the cause of Webb's death should be released soon.

However, toxicology reports to show if she had been drinking and to what level, will take 90 days.
 
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The views expressed here do not necessarily represent those of KGET TV 17 - In the Spirit of the Golden Empire

Peter - 11/1/2012 11:49 PM
0 Votes
Kids, don't drink where you won't sleep.

lion88 - 11/1/2012 1:27 PM
0 Votes
Wow! So if Juarez died in that accident instead of the girl-then all hate and hell would be on her! This case shall set to equal.I guess he might get lucky. If he does, hope he learns a valuable lesson

Polarbear - 11/1/2012 1:46 AM
0 Votes
HEY PEOPLE, who the heck cars???>? The MULTIPLE DUI PERP is RESPONSIBLE for not only being drunk but DRIVING ON THE WRONG SIDE OF THE ROAD!!!

Polarbear - 11/1/2012 1:45 AM
0 Votes
HEY PEOPLE, who the heck cars???>? The MULTIPLE DUI PERP is RESPONSIBLE for not only being drunk but DRIVING ON THE WRONG SIDE OF THE ROAD!!!

NancyW - 10/31/2012 8:45 AM
1 Vote
This is a tragedy either way. I can't imagine the pain her family is going through. I am extremely close to my 18 year old daughter, and even though she doesn't "party", she is still at risk every time she gets behind the wheel of the car. This is a parents worse nightmare, with or without alcohol playing a factor. I always hope when accidents like this happen that people will learn from it, but every day I have to constantly deal with other drivers speeding, weaving in and out of traffic, and running red lights. The rules apply to everyone for our own safety. Please remember that the next time you are behind the wheel of your vehicle. Life is precious.

Peter - 10/30/2012 10:18 PM
1 Vote
DR, you're still not seeing it. I'm not blaming Breana, she is the victim. Maybe you haven't raised any children. I don't believe that 18-20 year old kids should be in the armed services. They shouldn't have the vote either. The pre-frontal cortex is not fully functional, generally, before the age of 21. That is why, for many years, the age of reason was held to be 21. In many cases even 21 is too young for mature judgement. This may explain the existence of politicians & MBAs. Please read my first post once more, nothing you have written in response demonstrates any comprehension of the premise.

DR999 - 10/30/2012 10:01 PM
0 Votes
Peter, many 18 year old "children" have served and died in the military. Do you think their brain's are immature for doing so? And Webb isn't the person arrested and charged with causing this accident. Who cares where she got some alcohol? Besides, her BAC hasn't even come out yet. Get a clue!

Peter - 10/30/2012 8:56 PM
1 Vote
DR999, 18 year old children may be considered adult by law but that does not change the fact that their brains are immature. Regarding the possibility that the providers of alcohol may be underage themselves, that does not immunize them against prosecution. I think you missed my point. Try reading it again.

DR999 - 10/30/2012 8:28 PM
0 Votes
Peter, Webb was 18. She's considered an adult under the law. Old enough to vote for a president of the U.S. And how do you know who invited underage girls to a drinking party? Maybe everyone there was underage.

RVLADY - 10/30/2012 7:47 PM
1 Vote
you post in twitter/facebook it's for all to see. Yes it should be used!
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