I’ve hit a deer twice, once at night. I don’t think anyone could mistake a deer for a human. Even if it’s dark, they don’t look alike. Further, the way they move is very different. Deer typically leap out in front of you, oftentimes from ditches. And if they don’t leap out at you.
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A lawyer once told me that if you have an accident that causes injuries, and you have had ANYTHING to drink….he said absolutely refuse the breathalyzer and any roadside sobriety tests. You will likely lose your driver’s license.