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Old 04-15-2007, 10:14 AM
 
Location: Central Jersey - Florida
3,377 posts, read 14,625,518 times
Reputation: 2272

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Quote:
Originally Posted by DeLaSalle View Post
Malice and/or Criminal Intent is NEVER established in ANY of these cases

It's an Accident
What law school did you go to, because in the future if I ever needed counsel I think I would want to stay away from graduates of that school!
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Old 04-15-2007, 10:34 AM
 
6,351 posts, read 21,531,511 times
Reputation: 10009
Recent case here in Cincinnati, OH: Firefighter gets really drunk in bar (WELL above legal limit...). Gets on I-71 going the wrong way (Confusing on- and off-ramps at that interchange but doesn't excuse his actions) Hits SUV head-on, killing 26-year old female driver. Plead guilty last month, will be sentenced later this month to 2-8 years. IMHO, I believe he should know better than ANYONE else, having cut DUI victims out of wrecks. Therefore, I believe he should get the maximum.

Now having said that, I believe the DUI issue is far less of a problem than MADD and the politicians make it out to be. As a CDL holder, I NEVER drink and drive. But the statistics bear out that most of the serious crashes are caused by habitual alcoholics instead of people who have a drink or two when they go out.

MADD consistently sights acohol-related crashes. But many of those are not the driver that caused the accident. IF ANYONE at the crash scene has had alcohol prior to driving, it's an alcohol-related crash. (Just like the anti-truck crowd always use term "truck-related" crashes despite many studies (U of Michigan, for example) that prove that the car driver is at fault in over 70% of car-truck crashes...) Now that DUI-related crashes have leveled off, MADD MUST find new and creative ways to keep those funding dollars coming so now they're pushing for idiotic (and scary) ideas such as putting breathalyzers in cars and yet again lower the BAT intoxication level. Be very scared...

There has been much discussion about police "DUI checkpoints" and I'm not sure the results are worth the effort and revenue expended. Why is law enforcement getting Federal $ to pay overtime for DUI checkpoints that net few DUI arrests per number of vehicles stopped. Granted, it sounds good when arrests for outstanding warrants and other things like expired licenses take place. But there's some fundimental freedom issues here. And we used to denounce the former Soviet Union for such tactics...
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Old 04-18-2007, 12:55 AM
 
923 posts, read 3,512,886 times
Reputation: 207
Quote:
Originally Posted by Crew Chief View Post
Recent case here in Cincinnati, OH: Firefighter gets really drunk in bar (WELL above legal limit...). Gets on I-71 going the wrong way (Confusing on- and off-ramps at that interchange but doesn't excuse his actions) Hits SUV head-on, killing 26-year old female driver. Plead guilty last month, will be sentenced later this month to 2-8 years. IMHO, I believe he should know better than ANYONE else, having cut DUI victims out of wrecks. Therefore, I believe he should get the maximum.

Now having said that, I believe the DUI issue is far less of a problem than MADD and the politicians make it out to be. As a CDL holder, I NEVER drink and drive. But the statistics bear out that most of the serious crashes are caused by habitual alcoholics instead of people who have a drink or two when they go out.

MADD consistently sights acohol-related crashes. But many of those are not the driver that caused the accident. IF ANYONE at the crash scene has had alcohol prior to driving, it's an alcohol-related crash. (Just like the anti-truck crowd always use term "truck-related" crashes despite many studies (U of Michigan, for example) that prove that the car driver is at fault in over 70% of car-truck crashes...) Now that DUI-related crashes have leveled off, MADD MUST find new and creative ways to keep those funding dollars coming so now they're pushing for idiotic (and scary) ideas such as putting breathalyzers in cars and yet again lower the BAT intoxication level. Be very scared...

There has been much discussion about police "DUI checkpoints" and I'm not sure the results are worth the effort and revenue expended. Why is law enforcement getting Federal $ to pay overtime for DUI checkpoints that net few DUI arrests per number of vehicles stopped. Granted, it sounds good when arrests for outstanding warrants and other things like expired licenses take place. But there's some fundimental freedom issues here. And we used to denounce the former Soviet Union for such tactics...
How Dare you inject REASON in this Hysterical Discussion!
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Old 04-18-2007, 09:30 AM
 
6,351 posts, read 21,531,511 times
Reputation: 10009
Quote:
Originally Posted by DeLaSalle View Post
How Dare you inject REASON in this Hysterical Discussion!
DeLaSalle, I listen to WAAAY too much talk radio...
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Old 09-18-2008, 01:42 AM
 
630 posts, read 1,294,433 times
Reputation: 127
Quote:
Originally Posted by kerryflynn83 View Post
How safe are the streets in Winston-Salem?

How is it that on March 11, Casey Bokhoven was WALKING home to his apartment, less than 2 blocks away from his starting point, and was struck by a drunk driver? Not only was the driver so intoxicated he drove up onto the sidewalk where Casey, a PEDESTRIAN, was standing, but he drove through the huge "DO NOT ENTER. ROAD CLOSED DUE TO CONSTRUCTION" barricade at the top of the street.

IS DRUNK DRIVING OK?
Who supports someone's irresponsible and thoughtless decision to get behind the wheel of a car after drinking?

Well, it has made the streets, or should I say sidewalks, of Winston-Salem unsafe, has it not?



So let's make sure they're safe. For our kids, grandkids, loved ones, friends, and loved ones of other families out there whom this could happen to all too easily.

TO HELP FIGHT FOR YOUR SAFETY AND THE SAFETY OF OTHERS, PLEASE VISIT WWW.MYSPACE.COM/JUSTICE4CASEY AND SEE HOW IT'S EFFECTED ALL OF YOUR NEIGHBORS AND FRIENDS AND EVERYONE ELSE IN YOUR COMMUNITY. LET THIS HELP YOU TO BE ABLE TO MAKE A STAND AS WELL.

-ADD THE PAGE TO MAKE MORE OF AN IMPACT TO THE D.A. AND THE MEDIA WHEN IT IS RELEASED FRIDAY.
-WRITE AN IMPACT STATEMENT AND SEND IT TO THE D.A. IF YOU WANT

For all of you who were affected by the death of Casey, for all of you who have ever been affected by drunk driving, I want to ask for your help:

When someone is killed at the hands of another, the victim's family prepares impact statements giving the victim a "voice" in Court.

The District Attorney's Office in Forsyth County has given the "go ahead" for people to write "citizen" impact statements.


If anyone reading this has been affected personally by Casey's death, please do an impact statement. It doesn't matter if you knew Casey, knew anyone in his family, or knew anyone related whatsoever to this case. If you were affected, please type up a statement expressing your feelings and how the case has affected you.

Anyone who has ever been affected by drinking and driving, please do an impact statement.

Please do not use profanity or speak out of anger. This is everyone's chance to give Casey a "voice" in Court. A chance to prove how his senseless murder has affected you.

Please do not state any factual information in your statement. This is an emotional statement letting the Court know how you feel about the events surrounding the death of Casey Bokhoven. If you do not have the proof behind an accusation you want to make, please leave it out. If you can say you saw Tolly Carr that night, please say so. If you cannot say that you did, however, leave it out. These are not statements of the facts about the case, merely statements about how you feel about it and how you would feel if Tolly Carr received a less than just punishment. We want the Court to know we are watching.

You don't have to address it to anyone. As an example, here is a generic Impact Statement:


My name is ___________, and I am a citizen and resident of ________________, North Carolina. I am writing to you today regarding the death of Casey Ryan Bokhoven. I did (not) know Mr. Bokhoven, nor do I know Tolly Carr. I am completely unrelated to either of these individuals. My purpose for writing this statement is to express how this has affected my life.

Since the drunk-driving accident that killed Mr. Bokhoven, I have noticed a change in our community. There are a lot of people, myself included, who have been affected by this tragedy.

I am afraid that this case will set the "standard" on whether people feel it is okay to drink and drive. What I mean by saying that is, if Mr. Carr is shown any leniency, I am afraid that others will follow in his footsteps, and someone else will be killed at the hands of a drunk driver. Please remember that there are lots of people watching for the outcome of this case.

Thank you for your taking the time to hear my voice.

Sincerely,

/s/(your name here)
Your name


If you have any questions regarding this, please post them in a comment to this blog and they will be answered.

You may email your statement to the email address for this site, which is justice4caseyb@yahoo.com. If you do email it, however, please use an electronic signature such as this:

Sincerely,

/s/John Doe
John Doe

Thank you to everyone who has put forth an effort in this cause.


OR, HELP THE FAMILY GET THROUGH ALL OF THIS WITH PRAYER. WE SEEK JUSTICE. IT WON'T BRING CASEY BACK, BUT IT MAY HELP SAVE THE LIVES OF OTHERS, MAYBE EVEN YOURSELF, YOUR FRIENDS, OR YOUR LOVED ONES SOMEDAY.

HELP MAKE THE STREETS OF YOUR COMMUNITY A SAFER PLACE. MAKE SURE THEY ENFORCE DUI/ DWI LAW TO THE FULLEST...AND ALL THE OTHERS PERTAINING TO THIS PARTICULAR CASE.

hell to the NO! people here in california can't even walk and chew gum at the same time...
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Old 09-18-2008, 11:47 AM
 
78,352 posts, read 60,556,941 times
Reputation: 49638
Quote:
Originally Posted by DeLaSalle View Post
Malice and/or Criminal Intent is NEVER established in ANY of these cases

It's an Accident
No, it's manslaughter. Malice and criminal intent aren't required.
Basically, lets say I just like to sit out in my back yard and fire my AK47 up into the air every now and again.

It's not MY fault if one of the bullets lands on top of someones head right?

Getting liquored up and getting behind the wheel will land you in prison if you KILL someone.
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Old 09-18-2008, 11:51 AM
 
78,352 posts, read 60,556,941 times
Reputation: 49638
Quote:
Originally Posted by DeLaSalle View Post
Who here supports the idea that drinking and driving is ok???

What exactly does this question have to do with the tragic loss of life due to an accident??
Drunk driving is involved in a HUGE percentage of fatal vehicle accidents.
This is a proven fact, next question.
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Old 09-18-2008, 03:12 PM
 
Location: Hopewell New Jersey
1,398 posts, read 7,704,453 times
Reputation: 1069
Quote:
Originally Posted by Crew Chief View Post
DeLaSalle, I listen to WAAAY too much talk radio...
The both of you are way toooo informed


I too detest the antics of MADD...both in the past and what theyd like to push thru in the future.
Years ago Americans laughed at the concept of guilty untill proven innocent as is the case in many other places in the world.
Then Regan knuckled under to the MADD crowd, tied road side checks to federal highway dollars and the rest as they say is history.
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Old 09-19-2008, 03:46 PM
 
Location: Texas
44,254 posts, read 64,347,350 times
Reputation: 73931
I think a better question is...if everyone agrees that drinking and driving is bad news, why are we so lenient towards drunk drivers?
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Old 09-20-2008, 07:51 AM
 
78,352 posts, read 60,556,941 times
Reputation: 49638
Quote:
Originally Posted by stan4 View Post
I think a better question is...if everyone agrees that drinking and driving is bad news, why are we so lenient towards drunk drivers?
I think because there is a big difference between someone that uses poor judgement, drives and gets caught just over the .08 or whatever limit and someone that already has had a couple DUI's and drives at >.20

If you hurt of kill someone while >.08 then you are going to jail the vast majority of times.

I think the sentencing ranges should be broader in these cases, some people are just menaces to society.
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