To me, one of the important factors is whether he was under the influence of alcohol/drugs at this time.
It has not been reported whether his BAC was determined. That will have considerable influence on any charges.
I fear that because he was an FBI agent that his BAC was not determined. That would be a travesty.
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abusus non tollit usum - A right should NOT be withheld from people on the basis that some tend to abuse that right.
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