On June 25, 2009, Straub, while driving his pick-up truck, struck and killed a bicyclist,
David Webster (Decedent). The Decedent was survived by his wife (Charlene), a minor child,
and a son over the age of eighteen. A blood draw taken after the accident showed Straub to have
a .08 BAC. In the Information, Straub was charged with a felony for driving a motor vehicle