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  1. #1
    Senior Member Number400's Avatar
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    Wow, the "I was too drunk defense" in action

    IMHO, all of the choices and decisions prior them killing innocent people were easy to make and all the mayhem could have been avoided. It's pretty simple. If you are going to drink or do drugs, then hide your car keys or maybe do a little planning beforehand.

    Cars are now advanced enough to where they could not be drivable unless you can pass some sort of quick test before it will start.

    http://news.msn.com/crime-justice/co...murder-defense
    Barbossa: I'm disinclined to acquiesce to your request. Means "no".

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  2. #2
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    Unless the Judge in this case is of the same stripe as the one in the r.a.p.e. case in another state this will turn out to be just smoke. As far back as the early 1980's the "Too Drunk" defense was denied by state supreme courts. Those cases were primarily intoxicated driving cases where murder or manslaughter convictions were involved.

    Still, the judiciary doesn't have the most sterling reputation regarding justice vs. the arcane rules of the court system.
    Last edited by HawkOwl; 10-10-13 at 05:08 PM. Reason: Automatic Censor inappropriately deleted a word.

  3. #3
    Randomhead
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    I can't imagine being so intoxicated that I didn't know what I was doing.

  4. #4
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    Quote Originally Posted by unterhausen View Post
    I can't imagine being so intoxicated that I didn't know what I was doing.
    Drink 2 water glasses brimming with bourbon in an hour's time....you'll learn what it's like. Or go to a strip bar, order a couple pitchers, and don't use a glass. You'll wonder......... Once, I ended up 'hugging the throne' all night, the other I 'baptized' the parking lot, and wouldn't let anyone pick me up so we could all leave.

    But I'm feeling MUCH BETTER NOW......!

    http://www.youtube.com/watch?v=LWz-tBU6_L0

  5. #5
    Senior Member rydabent's Avatar
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    I have heard of this defense in the last few days. If that is the way the defendent wants to plead, he should lose his drivers license for life.

  6. #6
    Senior Member himespau's Avatar
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    I have to give big respect to the prosecutor for saying getting behind the wheel while drunk is acting in "depraved indifference to human life". If all prosecutors felt the same, we'd be a lot safer.
    Punctuation is important. It's the difference between "I helped my uncle, Jack, off a horse" and "I helped my uncle Jack off a horse"


  7. #7
    Senior Member dynodonn's Avatar
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    Quote Originally Posted by DX-MAN View Post
    Drink 2 water glasses brimming with bourbon in an hour's time....you'll learn what it's like. Or go to a strip bar, order a couple pitchers, and don't use a glass. You'll wonder......... Once, I ended up 'hugging the throne' all night, the other I 'baptized' the parking lot, and wouldn't let anyone pick me up so we could all leave.

    But I'm feeling MUCH BETTER NOW......!

    http://www.youtube.com/watch?v=LWz-tBU6_L0
    Still wouldn't be the same, I'd still remember what I did up until I passed out. BTDT.

  8. #8
    Nobody mconlonx's Avatar
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    Which one of the three in the article hit and killed a bicyclist...?
    I know next to nothing. I am frequently wrong.

  9. #9
    Senior Member Number400's Avatar
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    Why, is a dead pedestrian not good enough for you?
    Barbossa: I'm disinclined to acquiesce to your request. Means "no".

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  10. #10
    Senior Member rumrunn6's Avatar
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    cycling is like baseball ~ it doesn't take much to make it interesting

  11. #11
    Been Around Awhile I-Like-To-Bike's Avatar
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    The cited organization has links to its "Roadshow" schedule with the coming dates in 1999. Apparently not much activity or energy is being expended on the subject.

    Recommend that this thread be moved to some more appropriate discussion list since there is no bicycling safety nor bicycling advocacy content.

  12. #12
    Senior Member daihard's Avatar
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    Quote Originally Posted by himespau View Post
    I have to give big respect to the prosecutor for saying getting behind the wheel while drunk is acting in "depraved indifference to human life". If all prosecutors felt the same, we'd be a lot safer.
    This.

    Defense attorneys argued prosecutors failed to prove their clients acted with depraved indifference and, in fact, their clients were too impaired to know what they were doing.

    Looks like you need to sell your soul to the devil in order to become a successful defence lawyer...
    Badly-behaved cyclists are usually just cyclists with inadequate infrastructure. Or none at all. - Mikael Colville-Andersen

  13. #13
    Senior Member Number400's Avatar
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    Yes?? And the word bicycling appears four times in your link.

    When you are walking your bicycle across the street, are you a pedestrian?

    The point is that drunk drivers can kill anyone and do every day. ANY efforts of drunk or impaired drivers to reduce their sentences after KILLING someone is a bad thing for cyclists and everyone else out there too, so let's ADVOCATE tougher drunk/impaired driving laws to protect the SAFETY of bicyclists. It also helps that people found guilty of this actually do their time.

    In recent years, the Federal Highway Administration (FHWA) has developed a new, expanded statement of policy regarding walking and bicycling. FHWA has taken the position that walking and bicycling are legitimate modes of transportation that have too long been the "forgotten modes," and this should change. The goals that have been set are:

    • reduce the current number of walking and bicycling injuries and fatalities by 10%, and
    • double the percentage of trips made by walking and bicycling.

    The Pedestrian Forum is a quarterly newsletter with the objective of informing the Field Offices of pedestrian issues such as research and development, new and revised regulations, programs, innovative projects, successful test and evaluation, etc.
    http://www.justdrivepa.org/traffic-s...strian-safety/
    Last edited by Number400; 10-11-13 at 10:06 AM.
    Barbossa: I'm disinclined to acquiesce to your request. Means "no".

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  14. #14
    Nobody mconlonx's Avatar
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    Quote Originally Posted by Number400 View Post
    Why, is a dead pedestrian not good enough for you?
    This isn't PedestrianForums.net...
    I know next to nothing. I am frequently wrong.

  15. #15
    Nobody mconlonx's Avatar
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    Quote Originally Posted by Number400 View Post
    Yes?? And the word bicycling appears four times in your link.

    When you are walking your bicycle across the street, are you a pedestrian?

    The point is that drunk drivers can kill anyone and do every day. ANY efforts of drunk or impaired drivers to reduce their sentences after KILLING someone is a bad thing for cyclists and everyone else out there too, so let's ADVOCATE tougher drunk/impaired driving laws to protect the SAFETY of bicyclists. It also helps that people found guilty of this actually do their time.

    In recent years, the Federal Highway Administration (FHWA) has developed a new, expanded statement of policy regarding walking and bicycling. FHWA has taken the position that walking and bicycling are legitimate modes of transportation that have too long been the "forgotten modes," and this should change. The goals that have been set are:

    • reduce the current number of walking and bicycling injuries and fatalities by 10%, and
    • double the percentage of trips made by walking and bicycling.

    The Pedestrian Forum is a quarterly newsletter with the objective of informing the Field Offices of pedestrian issues such as research and development, new and revised regulations, programs, innovative projects, successful test and evaluation, etc.
    http://www.justdrivepa.org/traffic-s...strian-safety/
    And I contend that tougher drunk/impaired laws are detrimental to more generally toughening up distracted and reckless driving laws.
    I know next to nothing. I am frequently wrong.

  16. #16
    Senior Member howsteepisit's Avatar
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    Perhaps a drunk driving form? Only bicycle content is only tangent to the main topic - move or delete thread please.
    Recycle, Reclaim, Reuse and Repair
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  17. #17
    24-Speed Machine Chris516's Avatar
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    He knew what he was doing. Life w/o parole. End of story!!!!

  18. #18
    Been Around Awhile I-Like-To-Bike's Avatar
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    Quote Originally Posted by howsteepisit View Post
    Perhaps a drunk driving form? Only bicycle content is only tangent to the main topic - move or delete thread please.
    Better yet move it to a new sticky called Rants in General about Evil and Wicked Cagers; sticky should also include all ranting about cell phone use.

  19. #19
    Senior Member Spld cyclist's Avatar
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    I think this thread is completely topical to the A&S forum. Whether or not governments take a hard line on drunk drivers, making real efforts to catch them and levying harsh punishments, is absolutely essential to cyclist safety. It doesn't matter that the victims in these cases weren't cyclists. Government enforcement of drunk driving laws makes all citizens safer.

  20. #20
    Senior Member howsteepisit's Avatar
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    And there are thousands of other public safety laws too. Just because a law pertains to public safety, and cyclists are a subset of the public doesn't mean that a discussion of public safety laws should be a pert of cycling advocacy and safety. Obviously some feel otherwise.
    Recycle, Reclaim, Reuse and Repair
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  21. #21
    Senior Member Spld cyclist's Avatar
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    If we were talking about sanitary codes as they apply to restaurants, I would agree with you. Someone consuming e-coli from an undercooked hamburger is unlikely to result in a cyclist being flattened by an SUV. On the other hand, drunk driving regularly results in cyclists being flattened by SUVs.

  22. #22
    Been Around Awhile I-Like-To-Bike's Avatar
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    Quote Originally Posted by Spld cyclist View Post
    If we were talking about sanitary codes as they apply to restaurants, I would agree with you. Someone consuming e-coli from an undercooked hamburger is unlikely to result in a cyclist being flattened by an SUV. On the other hand, drunk driving regularly results in cyclists being flattened by SUVs.
    Since you also seem to have an issue with SUV's, why not a special law against getting drunk while driving an SUV, or conversely reduced penalties if driving drunk in a compact car.
    BTW, where do pick up trucks driven by sober drivers rate on your scale of cyclist flattening threats?

  23. #23
    Senior Member
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    Depends on the use. If someone commutes with it and never goes off road in their f-350 then they get an extra ten years in the slammer versus the contractor who hauls his stuff in it.

    It's the only fair way.

  24. #24
    Senior Member howsteepisit's Avatar
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    How about when the SUV driver, having eaten an undercooked e. coli laden burger suffers from projectile vomiting soaking an innocent cyclist and running over two other cyclists? I guess thats a topic thats Ok for the A&S forum,

    Actually I recant all I have said, just because I and others don't feel its an appropriate A&S topics, some others do feel like is is applicable. Since a forum is no more than the posters/members, it is up to you to make it an active thread or not. Carry on!
    Last edited by howsteepisit; 10-12-13 at 10:19 AM. Reason: Rethinking the point of a forum
    Recycle, Reclaim, Reuse and Repair
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  25. #25
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    Quote Originally Posted by unterhausen View Post
    I can't imagine being so intoxicated that I didn't know what I was doing.
    Quote Originally Posted by DX-MAN View Post
    Drink 2 water glasses brimming with bourbon in an hour's time....you'll learn what it's like. Or go to a strip bar, order a couple pitchers, and don't use a glass. You'll wonder......... Once, I ended up 'hugging the throne' all night, the other I 'baptized' the parking lot, and wouldn't let anyone pick me up so we could all leave.

    But I'm feeling MUCH BETTER NOW......!

    http://www.youtube.com/watch?v=LWz-tBU6_L0
    Quote Originally Posted by dynodonn View Post
    Still wouldn't be the same, I'd still remember what I did up until I passed out. BTDT.
    I didn't; after the 2nd pitcher of beer, the next thing I remember was being told by the bartender that I had to either stop trying to paw the dancers or leave. BTDT, don't wanna do it again.

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