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Old 02-15-2013, 09:44 PM
 
27,631 posts, read 19,346,903 times
Reputation: 11076

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Quote:
Originally Posted by Harrier View Post
No, you are making assumptions, which are not supported by evidence.
No...you are making an assumption that the driver was not when the article uses the word drunk and the word intoxicated. You are also assuming that his aunt who made a statement, chose not to refute the description of him being drunk.

FYI...In Texas, driving under the influence of drugs is charged in the criminal courts as a DWI. There is no distinction under the law when it comes to driving while drunk or impaired by drugs. The difference between the two, however, lies in detection.

Texas Cracking Down on Driving While Impaired on Prescription Drugs

So, no matter how you slice it, if your judgement and relfexes are impaired by any substance, you are endangering others. The deceased driver should not have been behind the wheel...period!
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Old 02-15-2013, 09:48 PM
 
3,876 posts, read 3,570,916 times
Reputation: 2520
Quote:
Originally Posted by PullMyFinger View Post
And the fact that the father had a gun, he made the terrible situation FAR worse. Revenge is not justice.
It probably was for him .
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Old 02-15-2013, 09:55 PM
 
Location: FL
20,440 posts, read 11,014,742 times
Reputation: 5325
Quote:
Originally Posted by Harrier View Post
How do you know that he chose to drive drunk?

How do you know that he was even drinking beforehand?

How do you know that he didn't take a prescription medicine which caused him to be "intoxicated" which is all that any of us who read the story know at all - that he was intoxicated?
Prescription drugs also tell you not to operate machinery (autos) before you know the affects of the drug.
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Old 02-15-2013, 10:00 PM
 
Location: Los Angeles County, CA
29,097 posts, read 24,061,095 times
Reputation: 6128
Quote:
Originally Posted by sickofnyc View Post
No...you are making an assumption that the driver was not when the article uses the word drunk and the word intoxicated. You are also assuming that his aunt who made a statement, chose not to refute the description of him being drunk.
Wrong.

You made a positive assertion that he was drunk - and that was based on a assumption, not "common sense and logic".

I was playing devil's advocate. I never said that he was under the influence of prescription drugs, only that he could have been based on the knowledge that both you and I have.

Unless you are Barajas's attorney and came by your "knowledge" by exercise of the discovery procedure, then you really don't have a clue what "intoxicated" means as stated by the reporter.
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Old 02-15-2013, 10:02 PM
 
Location: Los Angeles County, CA
29,097 posts, read 24,061,095 times
Reputation: 6128
Quote:
Originally Posted by Donna-501 View Post
Prescription drugs also tell you not to operate machinery (autos) before you know the affects of the drug.
True.

That still does not justify the reckless actions of Mr. Barajas.
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Old 02-15-2013, 10:03 PM
 
Location: Los Angeles County, CA
29,097 posts, read 24,061,095 times
Reputation: 6128
Quote:
Originally Posted by Donna-501 View Post
It is no accident when you choose to drive drunk.
How do you know that he was drinking before he got in that vehicle?
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Old 02-15-2013, 10:04 PM
 
27,631 posts, read 19,346,903 times
Reputation: 11076
Quote:
Originally Posted by Harrier View Post
Wrong.

You made a positive assertion that he was drunk - and that was based on a assumption, not "common sense and logic".

I was playing devil's advocate. I never said that he was under the influence of prescription drugs, only that he could have been based on the knowledge that both you and I have.

Unless you are Barajas's attorney and came by your "knowledge" by exercise of the discovery procedure, then you really don't have a clue what "intoxicated" means as stated by the reporter.
Okay, this is tedious, as are you...let's end this now...

Tests showed Banda's blood alcohol was twice the legal limit when his Chevrolet Malibu rear-ended the Barajas' family's Ford 250 truck...
Texas Father Accused of Killing Drunk Driver Who Fatally Injured his Sons | American Lawyer Academy
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Old 02-15-2013, 10:07 PM
 
Location: Los Angeles County, CA
29,097 posts, read 24,061,095 times
Reputation: 6128
Quote:
Originally Posted by sickofnyc View Post
So, no matter how you slice it, if your judgement and relfexes are impaired by any substance, you are endangering others. The deceased driver should not have been behind the wheel...period!
Let's assume for the moment that he was drinking and driving.

How do you know that Barajas knew this, and if it had been a brake malfunction accident, would you still be defending him shooting Barajas?

Barajas had no clue about the condition of Bandas when he shot him, based on the information to which we are reacting.

You are responding based on total hindsight, which is always 20/20.
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Old 02-15-2013, 10:08 PM
 
Location: Los Angeles County, CA
29,097 posts, read 24,061,095 times
Reputation: 6128
Quote:
Originally Posted by sickofnyc View Post
Okay, this is tedious, as are you...let's end this now...

Tests showed Banda's blood alcohol was twice the legal limit when his Chevrolet Malibu rear-ended the Barajas' family's Ford 250 truck...
Texas Father Accused of Killing Drunk Driver Who Fatally Injured his Sons | American Lawyer Academy
See post #168.
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Old 02-15-2013, 10:09 PM
 
Location: Albuquerque, NM
13,291 posts, read 13,832,676 times
Reputation: 6649
Quote:
Originally Posted by Harrier View Post
Let's assume for the moment that he was drinking and driving.

How do you know that Barajas knew this, and if it had been a brake malfunction accident, would you still be defending him shooting Barajas?

Barajas had no clue about the condition of Bandas when he shot him, based on the information to which we are reacting.

You are responding based on total hindsight, which is always 20/20.
Or a seizure, what if Bandas had had a seizure?

Or what if Bandas was suffering from hypoglycemia?

Is Barajas still a hero?
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