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-   -   Have DUI Laws Gone Too Far? (http://forums.pelicanparts.com/off-topic-discussions/214483-have-dui-laws-gone-too-far.html)

Stanley 04-07-2005 01:55 PM

I just skimmed over the previous posts. But I'd like to add that where I live, a few days ago a woman was killed on a bike that was resting a good 5-6 feet of the shoulder of the road by a drunk driver. This was at 1:30 PM. The drunk driver had 7 previous DUI’s and get this; he got his license back a few days after killing the woman! In a society where stuff like this can happen, the laws definitely need to be changed. I believe that the DUI laws do not do enough to prevent repeat offenders.

Here's the most recent news article http://www1.pressdemocrat.com/apps/pbcs.dll/article?AID=/20050406/NEWS/504060305/1033/NEWS01

djmcmath 04-07-2005 09:35 PM

One of my friends was arrested in NJ for "transporting intoxicated persons," which translates to "Designated Driver." She lost her license for a year, and was fined an ungodly sum of money -- for doing the responsible thing.

One of my sailors went out with some friends, and after a few more beers over dinner than intended, decided to sleep it off in his car. The police found him not long after he had fallen asleep and charged him with DUI.

I hate the idea of irresponsible and unsafe drivers as much as the next guy, but I think we've gone a step too far on this one.

Big Ed 04-08-2005 06:15 AM

Quote:

Originally posted by djmcmath
One of my friends was arrested in NJ for "transporting intoxicated persons," which translates to "Designated Driver." She lost her license for a year, and was fined an ungodly sum of money -- for doing the responsible thing.

One of my sailors went out with some friends, and after a few more beers over dinner than intended, decided to sleep it off in his car. The police found him not long after he had fallen asleep and charged him with DUI.

I hate the idea of irresponsible and unsafe drivers as much as the next guy, but I think we've gone a step too far on this one.

Surely there's got to be more to these stories than you've told us? There is more to these stories than I've told you, and stop calling me Shirley.

Rikao4 04-08-2005 07:18 AM

there was more to each story,as a first year LAW STUDENT would have beaten or gotten these charges reduced.There will always be the one that went like this or that.It's the folks with 3 and more that will eventually lose this roulette game at our expense...and it's not the lose of money that bothers me.

djmcmath 04-08-2005 08:34 AM

Ok, more to the stories ...

1 - It was a huge evening of partying, and the next morning when they went into town for breakfast, she was the only one sober. She blew a negligible BAC (like .02? That detail escapes me, but it was well below the reasonable threshold of accuracy for that test...) :rolleyes: Everyone else in the car was clearly still pretty messed up from the night before. It was a small town in NJ, and all three cop cars arrived at the same time -- like some kind of major bust. Everyone got handcuffed and hauled back to the station, and her car was impounded.

2 - No, there really isn't any more to this story. Since that one happened, I've heard a number of other similar versions. As paranoid as the Navy is about DUI, we have local police officers come in and give training on the topic -- and this is one that they talk about. "If you're drunk, don't get behind the wheel -- even to sleep it off. If you insist on sleeping it off in your car, put the keys in the trunk, and sleep in the backseat. We'll still haul you in, [and ruin your career] but at least you'll have some plausible argument when you stand in front of the judge."

I wish I was making this up, but you know I'm not that creative.

Rikao4 04-08-2005 09:13 AM

Well Shadow, let me go out on a limb here, in another life,another time,having had a few to many Hofbrau's, I returned to the lot and went to sleep in the BACK SEAT of my car&keys in my pockett.Rousted by the MP's who wanted to do what your talking about/Polizei came by &told them to pound sand.Took me home and end of that nightmare,I agree with your point, it's the one's that repeatly have true DUI's &DWI'S/and a problem that is not addressed until it turns in to a tale like Stanley's.
everyone be safe /smart
Bruce

osidak 04-08-2005 09:46 AM

I know an individual that was arrested for a DUI when he was sleeping it off in his back seat. Keys where in his pocket

Blew a .20 (legal limit at the time was a .10). He was smart enough to not drive but not enough to put the keys in the trunk.

He was convicted and his license was suspended for one year. He had never had a DUI before and his worst traffic offense was a single speeding ticket for 17 mph over.

I am one of those that feels bars should not be held liable for DUI's and you should only be arrested if you are actually driving or attempting to drive on a public road.

How many of us have drank a couple of beers while working on our cars. In most cases if you crank up your engine before "sobering" up you could get a DUI and you may not have even moved your car and it was on your property the whole time.

island911 04-08-2005 10:20 AM

How does "putting the keys in the trunk." change anything?

dhoward 04-08-2005 11:12 AM

...Gives them an excuse to pop the trunk and find yer dope, too....

osidak 04-08-2005 12:12 PM

The explanation for the keys in the trunk is that the drunk is less likely to change their mind about sleeping it off and driving home if the keys are less convenient to grab.

I am all for full prosecution of a person caught driving drunk..... The key phrase CAUGHT DRIVING

chuckw951 04-08-2005 05:25 PM

Quote:

Originally posted by widebody911
Is there any evidence that the tougher laws have had an effect, other than on the municipal revenue streams?
Sure, I don't have even 1 beer and drive.

Of course, that's a drop in the bucket. Every bar that I've been to has a parking lot!

greglepore 04-08-2005 06:11 PM

Well, I sorta agree that checkpoints are a bit much, but on the other hand (a little bit of devil's advocate here) if we wait until the officer actually sees impairment (from outside the vehicle) we're literally playing craps. I mean, once visably impaired, what are the odds that something bad happens before you see the driver swerving?

And impairment is relative. I might be fine to drive if nothing ugly happens, but if an avoidable situation, even one I didn't create, becomes unavoidable, don't I bear responsibility to some degree?

osidak 04-08-2005 06:15 PM

Quote:

Originally posted by greglepore
Well, I sorta agree that checkpoints are a bit much, but on the other hand (a little bit of devil's advocate here) if we wait until the officer actually sees impairment (from outside the vehicle) we're literally playing craps. I mean, once visably impaired, what are the odds that something bad happens before you see the driver swerving?

And impairment is relative. I might be fine to drive if nothing ugly happens, but if an avoidable situation, even one I didn't create, becomes unavoidable, don't I bear responsibility to some degree?

i equate that too

You own a car that is capable to excessive speed at a moments notice - we better go ahead and ticket you and sell your car at auction just be safe. You know speed kills


Or

Oops you own a hand gun - You are capable of armed robbery or murder - we should take it from you now and lock you up so you can't use it.

lendaddy 04-09-2005 05:09 AM

Snagging drunks is a poor way to earn for the municipality. They make far more dough doing routine traffic violations. The average DD stop becomes 3 hours or so for the officer before they're back on the road. The way I understand it they hate doing them, but it's a liability thing. "This drunk hit my car, and only 10 mins ago blew .08 and they let him go!!!!" Time to sue the city.

350HP930 04-09-2005 09:22 AM

There are some severe fines for DUI nowadays, so it more than makes up for the extra hours involved.

Overpaid Slacker 04-09-2005 10:03 AM

Further to 350's point, there are industries built up around "educating" and "reforming" drunk drivers. Think of the classes you're required to attend (read: pay for).

JP

island911 04-09-2005 01:39 PM

Quote:

Originally posted by lendaddy
. . . but it's a liability thing. "This drunk hit my car, and only 10 mins ago blew .08 and they let him go!!!!" Time to sue the city.
Interesting.

So then, what about the ""This IDIOT hit my car, and only 10 mins ago she blew past a cop, applying her eye-liner. . . and they let her go on by!!!!" . . .?

Considering the majority of accidents are from sober drivers, I can only conclude that "the authority" has been negligent in allowing so many idiots on the road. :cool:

350HP930 04-09-2005 04:04 PM

Its not a liability thing since cases have gone to the supreme court where its been decided that individual citizens should have no expectation of being protected by the police.

Jims5543 04-09-2005 05:08 PM

I am a more passive driver when I have anywhere from 2 to 4 drinks in me. I have on many occasions driven home impaired. I can honestly say those were the only times on the road when I was doing the speed limit and not my usual 20+ over. I am an aggressive driver when sober and while I will not do anything to endanger anyone else, my car or myself, I will take the opportunity to tear up an empty peice of road.

EVERY one of my speeding tickets have been when I was the only car around and no one else was is sight.

Richard Petty visited a "Don't drink and drive" display in Daytona many years ago. They had set up am Autocross track and had special cars with dual controls. They would take volenteers (Mr. Petty included) and have then drive the Autocross for time sober. Then feed them a beer wait 5 minutes and let them drive it again.

By the time Mr. Petty had 6 beers in him he was clicking off his fastest times and cleanest runs. He was politely asked to leave...

I see horrific driving everyday that should be punished worse than any drunk driver but it goes unchecked. It is rather unfortunate that you're life can be ruined after an evening out to dinner with a friend and a couple of glasses of wine.

I agree 100% the laws are way too strict. Unfortunatly what other option is there. I am at a loss as to what could be done to keep drunk driving in check.


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