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-   -   Wow, the "I was too drunk defense" in action (https://www.bikeforums.net/advocacy-safety/917317-wow-i-too-drunk-defense-action.html)

Number400 10-10-13 01:49 PM

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

ModeratedUser150120149 10-10-13 05:06 PM

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.

unterhausen 10-10-13 05:13 PM

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

DX-MAN 10-10-13 07:26 PM


Originally Posted by unterhausen (Post 16150491)
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

rydabent 10-11-13 07:08 AM

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.

himespau 10-11-13 07:38 AM

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.

dynodonn 10-11-13 07:44 AM


Originally Posted by DX-MAN (Post 16150836)
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.

mconlonx 10-11-13 09:21 AM

Which one of the three in the article hit and killed a bicyclist...?

Number400 10-11-13 09:25 AM

Why, is a dead pedestrian not good enough for you?

rumrunn6 10-11-13 09:42 AM

http://www.library.unt.edu/gpo/OTA/walk/forum/forum.htm

I-Like-To-Bike 10-11-13 09:47 AM


Originally Posted by rumrunn6 (Post 16152210)

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.

daihard 10-11-13 09:51 AM


Originally Posted by himespau (Post 16151780)
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...

Number400 10-11-13 09:54 AM


Originally Posted by rumrunn6 (Post 16152210)

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/

mconlonx 10-11-13 11:03 AM


Originally Posted by Number400 (Post 16152138)
Why, is a dead pedestrian not good enough for you?

This isn't PedestrianForums.net...

mconlonx 10-11-13 11:05 AM


Originally Posted by Number400 (Post 16152246)
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.

howsteepisit 10-11-13 11:10 AM

Perhaps a drunk driving form? Only bicycle content is only tangent to the main topic - move or delete thread please.

Chris516 10-11-13 12:53 PM

He knew what he was doing. Life w/o parole. End of story!!!!

I-Like-To-Bike 10-11-13 01:52 PM


Originally Posted by howsteepisit (Post 16152528)
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.

Spld cyclist 10-11-13 04:33 PM

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.

howsteepisit 10-11-13 05:33 PM

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.

Spld cyclist 10-11-13 05:39 PM

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.

I-Like-To-Bike 10-11-13 10:07 PM


Originally Posted by Spld cyclist (Post 16153753)
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?

plustax 10-11-13 10:32 PM

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.;)

howsteepisit 10-12-13 10:16 AM

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!

DX-MAN 10-12-13 08:17 PM


Originally Posted by unterhausen (Post 16150491)
I can't imagine being so intoxicated that I didn't know what I was doing.


Originally Posted by DX-MAN (Post 16150836)
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


Originally Posted by dynodonn (Post 16151798)
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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