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Look Junior ... save the BS for someone else .... three beers are easy to drink in an hour ... you never have had three beers with a damned pizza before? And after that, one beer per hour pushes your levels higher because your body can only metabolize .5 oz of alcohol per hour. Three beers in hour one, and 2 beers in hour two, one beer in hour 3, and you are now that terrible person that is TWICE THE LEGAL LIMIT, and you can sip water for the next 3 hours, and you're still going to jail. All for a 6 pack of beer, in 6 hours.
I can drink a six pack in 3 hours and drive better than you ever have in your life.
So GROW UP.
Three beers are definitely easy to drink in an hour. However if you have 3 beers in an hour as a 160 pound male you won't be anywhere near a .08. In order to get to a .08 off of three beers you would have funnel them or drink them similarly quickly. If you drank 3 beers over an hour it would be more like a .05 BAC. If you don't believe this sign up for whats called a "controlled drinking" and you can see exactly what it takes to get up to a .08 w/professionals operating intoxicalizers. They are actually quite fun.
Furthermore while I have pounded em back many times I have never driven while doing so. If I am going to drink I get a designated driver, take the bus or bring my toothbrush to the party. I know I cannot drive effectively after drinking 3 large beers or mixed drinks in <1 hour even though it is probably lower then .08.
I don't typically do this, but I agree with GuyNTexas almost 100%.
Come on people. If two kids and their father were pushing their car down the side of a freeway in the middle of the day the likely reaction would be, "what are those idiots doing? They're going to get killed."
The conditions described in this story seem even worse.
The alcohol almost certainly played a role.
The circumstances certainly played a role as well.
Agreed, but this doesn't change the fact that he was intoxicated, so... all the other factors are secondary because we can not establish if a normal person would have seen or reacted differently because the person who hit them was intoxicated. It may have been that no reasonable person could have seen and stopped in time, but... he was drinking and it is a fact that intoxicated people are less attentive and slower in reaction than the average sober person.
So while I understand and agree to an extent with the arguments made concerning this, it is not a defense.
Agreed, but this doesn't change the fact that he was intoxicated, so... all the other factors are secondary because we can not establish if a normal person would have seen or reacted differently because the person who hit them was intoxicated. It may have been that no reasonable person could have seen and stopped in time, but... he was drinking and it is a fact that intoxicated people are less attentive and slower in reaction than the average sober person.
So while I understand and agree to an extent with the arguments made concerning this, it is not a defense.
I think that Barajas should have been admisnistered a toxicology test.
Ok, maybe I was not clear in what I meant. Alcohol is a depressant, its "mind altering" aspects are simply a "slowing" of synapses, not an alteration of process (ie as a hallucinogenic). You aren't seeing, hearing, or thinking "differently", only at a slower rate.
Look Junior ... save the BS for someone else .... three beers are easy to drink in an hour ... you never have had three beers with a damned pizza before? And after that, one beer per hour pushes your levels higher because your body can only metabolize .5 oz of alcohol per hour. Three beers in hour one, and 2 beers in hour two, one beer in hour 3, and you are now that terrible person that is TWICE THE LEGAL LIMIT, and you can sip water for the next 3 hours, and you're still going to jail. All for a 6 pack of beer, in 6 hours.
I can drink a six pack in 3 hours and drive better than you ever have in your life, and I was doing it 20 years before you were born.
So GROW UP.
Being a person who has done his share of drinking and knows his tolerances, I wouldn't argue with you. Thing is, each person has different tolerances. There are times when my tolerances were high in my past where I could drink a 6 pack in a couple of hours and be far more capable than someone who drank 3 beers in the same time. So, obviously, there is something wrong with the whole "one size fits all" law.
Question is, was this person a tolerant drinker or intolerant one? It is sad that we did not get to find out and the father too justice into his own hands. Only thing this situation tells me is, don't drink and drive, for even if you are in the right, even if you are not the cause, the system will not treat you any different.
It really is mind boggling isn't it? What's really scary is if you should ever be accused of a crime ... you might want to think hard about a jury trial, unless you've got a crack defense team with jury selection experts.
It definitely is scary that some people on this forum might end up on a jury.
Murder in the 1st degree. He might get the needle. What he did was very stupid.
If he's unlucky he'll get 10 years. He'll probably only serve 5. My prediction. Murders are prosecuted differently depending on the motives and the circumstances.
It's not the fact the guy hit his kids was a drunk driver. It's the fact the guy hit and killed his kids. Sometimes that pain and anguish can only be released one way otherwise it'd tear you to pieces.
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