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Old 04-30-2008, 10:26 AM
Status: "60th anniversary of the polio vaccine! Hail to Pitt!" (set 9 days ago)
 
Location: Foot of the Rockies
70,023 posts, read 60,574,028 times
Reputation: 20180

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Quote:
Originally Posted by MamaBee View Post
It is a matter of a person's own opinion if they are able to drive the car. If they are not, and they are pulled over, they will suffer the consequences. Again I say the government cannot legislate stupidity or morality.
If they are not, and they cause an aciident, many people may be killed.
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Old 04-30-2008, 10:41 AM
 
5,484 posts, read 4,006,630 times
Reputation: 5353
It is a drivers responsibility to have awareness of their BAC levels and stay within legal levels. People shouldn't use how they feel, but logically look at what they have had to drink in a period of time. If there is a chance you are legally impaired, don't drive. I can have a drink with my dinner and be completely legal an safe, and that does not make me an addict, that's ridiculous american morality.
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Old 04-30-2008, 11:04 AM
 
Location: Land of Thought and Flow
7,691 posts, read 9,191,961 times
Reputation: 4410
Quote:
Originally Posted by 11thHour View Post
Any trace should be punishable.
You do realize that there an abundance of things that can mess with a breathalyzer? Many brands of Chewing gum (like Stride) are made with Sugar Alcohol - which can tamper results to make them look higher. Mouthwash made with alcohol; NyQuil is also something.

I don't condone drunk driving in the slightest... but a breathalyzer should not be all that is required to put somebody behind bars.
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Old 04-30-2008, 11:24 AM
 
29,210 posts, read 11,825,079 times
Reputation: 7746
Wow, this has gotten off-topic. Whether you think people should never ever have a drink and then drive, or if you think it's okay to have a glass of wine with dinner and drink, is besides the point. Have the laws gone from protecting the public from drunken drivers to being money-makers for the communities and states where they are enforced? Obviously enforcing the laws is going to generate some money, but some of the laws do seem to go further than simply addressing the issue of drunken driving.
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Old 04-30-2008, 11:38 AM
 
3,126 posts, read 2,360,667 times
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I'd like to address a few points in this thread. And yes, I'm one of those "scum" as some have called me who had a DUI.

1st: They don't generate "profit" for the state or the law enforcement agencies. Most don't know it, but the fines can be worked off by community service if you claim inability to pay. Fines that are paid go towards court costs, the enforcement programs, and educational/anti-drunk driving campaigns.

2nd: I made a mistake. I felt horrible about getting behind the wheel after drinking and thank God that nobody got hurt or killed. I paid my fines, did my rehab programs etc. and will never do it again. In fact, if I go out for drinks I take a cab THERE to avoid any possiblity of getting behind the wheel. One has to realize that we are all capable of making mistakes, but with DUI there is something else that comes into play. Alcohol affects judgement from the first drink. After soneone has had 4 or 5 drinks they are impaired. One cannot think or judge correctly which can make getting behind the wheel not seem like such a bad idea. No excuses, but the whole "lock em away for life the scum" mentality belies an apparent apathy for fellow humans in general and a sociopathic tendecy that maybe should be medicated.

Finally, the whole "why is someone sleeping in the backseat arrested for DUI when they were trying to do the right thing". That person will wake up in a few hours and drive. Guess what? They're still drunk. It takes HOURS after consuming for the BAC to drop below the legal limit and for reaction times, etc. to be up to par.
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Old 04-30-2008, 12:18 PM
 
29,210 posts, read 11,825,079 times
Reputation: 7746
Quote:
Originally Posted by Lior Arel View Post
I'd like to address a few points in this thread. And yes, I'm one of those "scum" as some have called me who had a DUI.


Finally, the whole "why is someone sleeping in the backseat arrested for DUI when they were trying to do the right thing". That person will wake up in a few hours and drive. Guess what? They're still drunk. It takes HOURS after consuming for the BAC to drop below the legal limit and for reaction times, etc. to be up to par.
You're not a scum, you made a mistake, a serious mistake, and one that you had to pay for, but people show bad judgment all the time. We don't lock people up and throw away the key for showing occasional bad judgment, but when it comes to driving and drinking we acknowledge what a serious error it is by the degree of punishment. That said, if the state collects fines and penalties, even in the form of community service, the state is benefiting. The state doesn't know if the person sleeping in the back of the car is going to wake up and decide to drive. Nobody knows. The laws are supposed to be against driving and drinking, not against creating a possibility of driving and drinking, otherwise every bar and restaurant in this country would have to stop serving alcohol. And if it takes hours for the BAC to drop below the legal limit, and the person sleeps for hours in the backseat of the car, there is a possibility that that person's BAC to drop below the legal limit. The fact that DUI's are not due process violations, that is, the license is suspended on arrest, not on conviction (at least where I live), and that there is a presumption of guilt in the courts (which is why DUI's that get off do so because of technicalities), should make us wary of policing people's intentions rather than their acts. The fact that DUI laws frequently involve policing people's intentions opens the door to states abusing the laws to generate income.
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Old 04-30-2008, 12:29 PM
 
5,484 posts, read 4,006,630 times
Reputation: 5353
Quote:
Originally Posted by DC at the Ridge View Post
Wow, this has gotten off-topic. Whether you think people should never ever have a drink and then drive, or if you think it's okay to have a glass of wine with dinner and drink, is besides the point. Have the laws gone from protecting the public from drunken drivers to being money-makers for the communities and states where they are enforced? Obviously enforcing the laws is going to generate some money, but some of the laws do seem to go further than simply addressing the issue of drunken driving.
I think that hasn't been answered because people just don't know. Are there links to show where the money goes? It wouldn't surprise me at all if a reasonable law meant to protect people is being abused to make money. I keep harping on the moral issue because I feel people are being manipulated into vilifying people who drink and drive to such an extreme that even people who aren't breaking the law are treated as criminals.
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Old 04-30-2008, 12:35 PM
 
5,484 posts, read 4,006,630 times
Reputation: 5353
Quote:
Originally Posted by Lior Arel View Post
I'd like to address a few points in this thread. And yes, I'm one of those "scum" as some have called me who had a DUI.

1st: They don't generate "profit" for the state or the law enforcement agencies. Most don't know it, but the fines can be worked off by community service if you claim inability to pay. Fines that are paid go towards court costs, the enforcement programs, and educational/anti-drunk driving campaigns.

2nd: I made a mistake. I felt horrible about getting behind the wheel after drinking and thank God that nobody got hurt or killed. I paid my fines, did my rehab programs etc. and will never do it again. In fact, if I go out for drinks I take a cab THERE to avoid any possiblity of getting behind the wheel. One has to realize that we are all capable of making mistakes, but with DUI there is something else that comes into play. Alcohol affects judgement from the first drink. After soneone has had 4 or 5 drinks they are impaired. One cannot think or judge correctly which can make getting behind the wheel not seem like such a bad idea. No excuses, but the whole "lock em away for life the scum" mentality belies an apparent apathy for fellow humans in general and a sociopathic tendecy that maybe should be medicated.

Finally, the whole "why is someone sleeping in the backseat arrested for DUI when they were trying to do the right thing". That person will wake up in a few hours and drive. Guess what? They're still drunk. It takes HOURS after consuming for the BAC to drop below the legal limit and for reaction times, etc. to be up to par.
Your not scum, you made a mistake and paid for it. It seems like people treat your crime as unforgivable as though it's worse than a premeditated violent attack. The only people who deserve the hatred are the repeat offenders who don't bother themselves with remorse. Average people who make mistakes are being lumped in with them.

If a person is not actually driving a car while drunk, charging a DUI is beyond wrong, there is no crime if you are not operating the vehicle. We should not be charging people upon assumption. Turning it into a moral and emotional issue causes people to forget about cilvil rights and it's a problem.
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Old 04-30-2008, 01:05 PM
 
5,484 posts, read 4,006,630 times
Reputation: 5353
Quote:
Originally Posted by MamaBee View Post
. You can get a DUI for sitting in your parked car! I know someone who was drunk and went to the police for help calling her husband who she couldn't reach on the phone. She had bags with her and went to put them in her car and they arrested her for a DUI because...by unlocking her car and placing her belongings in it the "intent" to drive drunk was there.
Quote:
Originally Posted by DC at the Ridge View Post
I agree, MamaBee, I know someone who was out, had a few too many drinks, recognized it, unlocked the car and then tossed the keys into a shrub near the car, and laid down in the back seat to sleep it off. The police arrested him because he was in the car and drunk, and he could have retrieved the keys at any time. When people try to do the right thing, they should be credited for it, not penalized. This man lost his job because his license was suspended upon arrest, not upon conviction, and the community he lived in had no public transportation system.
Do these cases not bother people? We are allowing people's rights to be trampled on because MADD and others. I am as horrified as anyone that people are killed by drunk drivers. I support the proper enforcement of drunk driving laws, but we have to step back from emotions when it comes to the laws and how we enforce them. A lot of people are making a lot of money off this issue and using the extreme emotions to get away with it. If a group stands up to protect the rights of those accused of drunk driving, it wouldn't surprise me if they had rocks thrown into their windows.
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Old 04-30-2008, 03:12 PM
Status: "60th anniversary of the polio vaccine! Hail to Pitt!" (set 9 days ago)
 
Location: Foot of the Rockies
70,023 posts, read 60,574,028 times
Reputation: 20180
I guess we don't know the full story behind these particular cases. I mean, everyone tells their story to put themselves in the best light, including me.

As for someone sleeping it off in their car, I agree with this post:

Quote:
Finally, the whole "why is someone sleeping in the backseat arrested for DUI when they were trying to do the right thing". That person will wake up in a few hours and drive. Guess what? They're still drunk. It takes HOURS after consuming for the BAC to drop below the legal limit and for reaction times, etc. to be up to par.
And again, we don't know the whole story.

As far as
Quote:
a group (that) stands up to protect the rights of those accused of drunk driving,
there are ads for lawyers willing to take on DUI cases on almost every alcohol page on the internet. I don't think those accused are defenseless.
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