Possible 30 Year Prison Sentence For Handing Off The Keys

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Ahso!
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Possible 30 Year Prison Sentence For Handing Off The Keys

Post by Ahso! »

If the entire drunk driving thing wasn't a money generating scheme for state & local governments and prisons, interlock devices would be mandatory on all vehicles manufactured.

A 21-year-old Hermitage woman who had been out drinking late one night in December gave her car keys to her 23-year-old boyfriend, thinking he was sober enough to drive.

Hermitage woman faces vehicular homicide after handing over keys to boyfriend | The Tennessean | tennessean.com
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K.Snyder
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Possible 30 Year Prison Sentence For Handing Off The Keys

Post by K.Snyder »

Ahso!;1385401 wrote: If the entire drunk driving thing wasn't a money generating scheme for state & local governments and prisons, interlock devices would be mandatory on all vehicles manufactured.

A 21-year-old Hermitage woman who had been out drinking late one night in December gave her car keys to her 23-year-old boyfriend, thinking he was sober enough to drive.

Hermitage woman faces vehicular homicide after handing over keys to boyfriend | The Tennessean | tennessean.com


Even I'm not that cynical Ahso!

Perhaps the complications with mandating the law but the discussion is mostly concerned with repeat offenders. The automobile industry is struggling as it is to mandate placing these devices in the vehicles. That's not to mention their reliability as well as the fact many people may not wish to have them.

I understand the desire to minimize these incidences but I think the route to go with this is to step up public education related to alcohol...

Perhaps someone can convince me otherwise
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Post by flopstock »

So then, who is at fault when there is hardware failure?
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Post by Ahso! »

flopstock;1385405 wrote: So then, who is at fault when there is hardware failure?That can be left to industry market forces, I think. There could be a negotiation between the representatives of any party connected with the issue.

What's your opinion?
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Scrat
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Possible 30 Year Prison Sentence For Handing Off The Keys

Post by Scrat »

Maybe we should just legalize pot?
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Possible 30 Year Prison Sentence For Handing Off The Keys

Post by flopstock »

Ahso!;1385421 wrote: That can be left to industry market forces, I think. There could be a negotiation between the representatives of any party connected with the issue.

What's your opinion?
My opinion is that she will get off .
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Post by Ahso! »

flopstock;1385444 wrote: My opinion is that she will get off .I'm wondering what that means? Not guilty? Involuntary manslaughter? All charges dropped?

There's the possibility that this girl will get caught up in the all the DUI state laws that include paying for usually more than one or two alcohol prevention classes, safe-driving classes, community service, probation, all besides what will no doubt be enormous attorney fees. It's just not right and completely preventable with the mandating of a safety feature that is long overdue on automobiles. In some states, first time DUI offenders, which she may be considered even though she wasn't driving, are forced to have the antilock device installed on their vehicle anyway.

We live in a country where alcohol consumption is encouraged in a lot of ways, and the consequence is that many young people make poor decisions. In many cases the consequences are long term and unforgiving as in fatalities and the destruction of a young person's future for a minimum of 10 to 15 years. It doesn't have to be this way.
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YZGI
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Possible 30 Year Prison Sentence For Handing Off The Keys

Post by YZGI »

Ahso!;1385445 wrote: I'm wondering what that means? Not guilty? Involuntary manslaughter? All charges dropped?

There's the possibility that this girl will get caught up in the all the DUI state laws that include paying for usually more than one or two alcohol prevention classes, safe-driving classes, community service, probation, all besides what will no doubt be enormous attorney fees. It's just not right and completely preventable with the mandating of a safety feature that is long overdue on automobiles. In some states, first time DUI offenders, which she may be considered even though she wasn't driving, are forced to have the antilock device installed on their vehicle anyway.

We live in a country where alcohol consumption is encouraged in a lot of ways, and the consequence is that many young people make poor decisions. In many cases the consequences are long term and unforgiving as in fatalities and the destruction of a young person's future for a minimum of 10 to 15 years. It doesn't have to be this way.


Not to mention making DUI offenders into career criminals. They suspend their drivers licenses for a year, not even allowing to drive to work. Then they demand alcohol classes and counseling that must be paid for. Not all offenders have a good enough family or friend network to be able to hold down a job without driving. So they drive, get pulled over again and again get fined more. I read somewhere that up to 70% of drivers with suspended licenses still drive. So the beat goes on. I have no idea what the answer is but making a young person that has made a mistake into a career criminal is not the answer.
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Possible 30 Year Prison Sentence For Handing Off The Keys

Post by LarsMac »

I don't think having sniffers in cars is really the answer. It just transfers the responsibility to the automaker and the provider of the equipment.

Charging the girl in this instance seems a little harsh, unless there are witnesses that can demonstrate that she was sober enough to know that her friend was too drunk to drive, and gave him the keys, anyway.

Perhaps bars should have a key-check where patrons drop their keys off upon entering the establishment, and have to blow a reading of less than .07 % on the breathalyzer to get their keys back.

Still, it becomes a shift in responsibility.

It should be simple. If you are drunk, and you drive a car and hurt some one, it is YOUR fault. Period, end of story.
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Post by LarsMac »

YZGI;1385461 wrote: Not to mention making DUI offenders into career criminals. They suspend their drivers licenses for a year, not even allowing to drive to work. Then they demand alcohol classes and counseling that must be paid for. Not all offenders have a good enough family or friend network to be able to hold down a job without driving. So they drive, get pulled over again and again get fined more. I read somewhere that up to 70% of drivers with suspended licenses still drive. So the beat goes on. I have no idea what the answer is but making a young person that has made a mistake into a career criminal is not the answer.


I agree.

I think they have lower the barrier too far.

Besides the one-time offender or occasional drinker is seldom the one that causes all the havoc.

It is the guy who has consistently drunk way too much, and got behind the wheel, and been caught, who causes most of the alcohol related deaths.

Every alcohol related accident I was ever called to where there were injuries and/or fatalities, the offending driver was at least a third-time offender, and several of them were on suspension or revocation due to prior DUI offenses.
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Ahso!
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Post by Ahso! »

LarsMac;1385715 wrote: I don't think having sniffers in cars is really the answer. It just transfers the responsibility to the automaker and the provider of the equipment.

Charging the girl in this instance seems a little harsh, unless there are witnesses that can demonstrate that she was sober enough to know that her friend was too drunk to drive, and gave him the keys, anyway.

Perhaps bars should have a key-check where patrons drop their keys off upon entering the establishment, and have to blow a reading of less than .07 % on the breathalyzer to get their keys back.

Still, it becomes a shift in responsibility.

It should be simple. If you are drunk, and you drive a car and hurt some one, it is YOUR fault. Period, end of story.I can't see this ever getting under control enough any other way than mandating a safety feature that could achieve a whole lot. Besides what I mentioned as benefits in my previous post I could image people would have another reason to curb alcohol consumption.

A number of industries would probably prefer leaving the situation as it is (insurance, auto, prison, medical, law enforcement, funeral). They'd all take a hit. Jobs!
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LarsMac
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Post by LarsMac »

Ahso!;1385727 wrote: I can't see this ever getting under control enough any other way than mandating a safety feature that could achieve a whole lot. Besides what I mentioned as benefits in my previous post I could image people would have another reason to curb alcohol consumption.

A number of industries would probably prefer leaving the situation as it is (insurance, auto, prison, medical, law enforcement, funeral). They'd all take a hit. Jobs!


To a point, I agree.

Though I can say with some confidence that there are few, if any Law Enforcement, or Medical people who look forward to dealing with alcohol related accidents and such.

Were I in charge, third DUI offense would result in a summary firing squad, right there at the arrest site.

Given the choice of continuing to deal with alcohol-related accidents resulting in injury and death, I might choose to opt for the breathalyzer option.

IF so, then I would start with making it a requirement for any car that will be driven by someone under 25 Years of age.

I have had to deal with a lot of drunks, and a lot of alcoholics. And, while I like a good beer, and even the occasional shot of whiskey, if it meant never seeing another alcohol-related death, I would give it up in a New York Minute.
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Ahso!
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Post by Ahso! »

LarsMac;1385731 wrote:

IF so, then I would start with making it a requirement for any car that will be driven by someone under 25 Years of age. As a way to introduce it, or are younger people disproportionately prone to alcohol consumption? It seems to me to go all-in if it was adopted. Just make it a mandatory auto feature. That's what was done with the additional brake light back in the 80's, if I recall.
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K.Snyder
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Post by K.Snyder »

How about we raise the blood-alcohol level a bit and then on the second offense the driver's license is suspended for 1 year and upon a third conviction the driver's license is suspended for 5 years and immediately thereafter any offense sees the driver's license revoked for life? During the suspension fazes the driver is required to attend counseling...

No?

Ok...
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Post by K.Snyder »

Oh, yeah, I've always wondered why the US has no speed limit beyond 80 mph yet allows the production of cars that can reach 200 mph on any pleasant Sunday afternoon drive...

Oh, right, that money thing...
Ahso!
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Post by Ahso! »

K.Snyder;1385737 wrote: Oh, yeah, I've always wondered why the US has no speed limit beyond 80 mph yet allows the production of cars that can reach 200 mph on any pleasant Sunday afternoon drive...

Oh, right, that money thing...At least it's been worked down to a confinement of Sunday afternoons. ;)
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K.Snyder
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Post by K.Snyder »

Ahso!;1385739 wrote: At least it's been worked down to a confinement of Sunday afternoons. ;)Sunday's are the beginning of the week don't ya know? :yh_bigsmi
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Post by YZGI »

K.Snyder;1385735 wrote: How about we raise the blood-alcohol level a bit and then on the second offense the driver's license is suspended for 1 year and upon a third conviction the driver's license is suspended for 5 years and immediately thereafter any offense sees the driver's license revoked for life? During the suspension fazes the driver is required to attend counseling...

No?

Ok...


Good plan.
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Post by LarsMac »

Ahso!;1385733 wrote: As a way to introduce it, or are younger people disproportionately prone to alcohol consumption? It seems to me to go all-in if it was adopted. Just make it a mandatory auto feature. That's what was done with the additional brake light back in the 80's, if I recall.


Younger people tend to consume alcohol at high levels, and are not afraid to jump in a car and go somewhere.

They get away with it for a while, and become adults who think they can continue to get away with it.

Eventually, this behavior catches up with them.

If they start out their "drinking career" with the expectation that they cannot drive after alcohol consumption, perhaps they will carry the habit into adulthood.

Yes, I know, it's a bit of skinner-think, but studies show that the human brain is, indeed, programmable.

Of course, how long would it take for the clever little sh!ts to figure out how to by-pass the system?
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LarsMac
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Post by LarsMac »

K.Snyder;1385735 wrote: How about we raise the blood-alcohol level a bit and then on the second offense the driver's license is suspended for 1 year and upon a third conviction the driver's license is suspended for 5 years and immediately thereafter any offense sees the driver's license revoked for life? During the suspension fazes the driver is required to attend counseling...

No?

Ok...


I agree to raising the limit to say, .10 maybe.

First time offender should be some sort of "education and fines with restricted driving for six months to a year.

However there should be a reasonable rating system for the penalties. If the driver is just over the limit, perhaps a ticket and escort home, with car being impounded for the night, restricted driving maybe.

IF he is further up the scale, say .15 or above arrest, impound car, suspension and such.

If Really trashed, then no question. Arrest, community service or jail time, suspension, all that is on the table.

Second offense should result in jail time and revocation of license for a couple of years.

Third offense: Summary firing squad at the location of the offense.

There would be no fourth, or fifth, etc.
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K.Snyder
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Post by K.Snyder »

LarsMac;1385921 wrote: I agree to raising the limit to say, .10 maybe.

First time offender should be some sort of "education and fines with restricted driving for six months to a year.

However there should be a reasonable rating system for the penalties. If the driver is just over the limit, perhaps a ticket and escort home, with car being impounded for the night, restricted driving maybe.

IF he is further up the scale, say .15 or above arrest, impound car, suspension and such.

If Really trashed, then no question. Arrest, community service or jail time, suspension, all that is on the table. What I'd had in mind was a scale based of per lb or kg. (i.e.,.10 for those less than 150 lb, .12 for those between 151 - 200 lb, etc) I honestly think that the low level which "justifies" "intoxicated" is the source of one hell of a good money making operation. But whatever I guess as long as we have the constitution right?

LarsMac;1385921 wrote: Second offense should result in jail time and revocation of license for a couple of years. I honestly think jail time will do absolutely nothing other than make the poor souls life even more desperate. Even a suspended license is rather debilitating but what else can we do? Perhaps someone has other suggestions...Increased public education (I'd like to see, at the very least, federal ownership of television rights of around 75% but another thread)

LarsMac;1385921 wrote: Third offense: Summary firing squad at the location of the offense.

There would be no fourth, or fifth, etc.Are you implying imprisonment for life thereafter? Our prisons are too overcrowded as is, not to mention that's quite harsh considering even a .10 is rather low in my opinion to see some horribly unlucky, otherwise responsible, person sent to prison for life on the equivalent of being pulled over after having a couple of drinks over dinner and what used to be a pleasant evening. Let's not go overboard
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Post by LarsMac »

K.Snyder;1385981 wrote: What I'd had in mind was a scale based of per lb or kg. (i.e.,.10 for those less than 150 lb, .12 for those between 151 - 200 lb, etc) I honestly think that the low level which "justifies" "intoxicated" is the source of one hell of a good money making operation. But whatever I guess as long as we have the constitution right?
The figure is a ratio of the alcohol contained relative to the blood. the current limit is .08 %

It is irrelevant of the body weight/size.

At 0.08%, most amateur drinkers feel a bit giddy, and seem less inhibited, and can lose focus on the task at hand (ie. driving a car)

0.10 is only slightly more tipsy, but more likely to lose focus or take a task seriously.

Generally, though, at that level, a person can maintain their focus, if they are not distracted.

It really doesn't get truly dangerous until the concentration gets to around 0.14 or so. by then there is a definite lack of focus, and tendency towards drowsiness.

Beyond 0.15% things can go south in a hurry.

They do still have the constitution to protect them, and are only subject to penalty if found guilty in court, of course so the offense only counts when guilt is determined.





K.Snyder;1385981 wrote:

I honestly think jail time will do absolutely nothing other than make the poor souls life even more desperate. Even a suspended license is rather debilitating but what else can we do? Perhaps someone has other suggestions...Increased public education (I'd like to see, at the very least, federal ownership of television rights of around 75% but another thread)




Second conviction means they have not learned the lesson the first time.

Jail does have its use. I know it only took me one time being in jail to know that I never wanted to go there again. I calmed down significantly after that. It can work for our offender, as well.

K.Snyder;1385981 wrote: Are you implying imprisonment for life thereafter? Our prisons are too overcrowded as is, not to mention that's quite harsh considering even a .10 is rather low in my opinion to see some horribly unlucky, otherwise responsible, person sent to prison for life on the equivalent of being pulled over after having a couple of drinks over dinner and what used to be a pleasant evening. Let's not go overboard


No, I am NOT implying imprisonment for the third offense. They obviously have not learned the lesson, and probably never will. I have no intention of feeding and housing them to keep them off the roads. Do I need to explain the term "firing squad"?

And certainly there should be some sort of sliding scale for the alcohol content, even for the third offense. So for a low alcohol level, we only let the squad use blanks?

But then what happens at the fourth offense?



This really is a touchy subject for me, and I often lose my sense of humor around it.

I worked for several years as a tow truck driver, and I often had to clean up after severely inebriated drivers. Many time I helped put their victims on the stretchers, some times to the ER, and sometimes for the morgue.

Once the victim was a very dear friend. The driver was a fifth time offender, and none of those times was his alcohol level less than .2 %

His previous offense, (fourth) he killed a woman that was riding with him.

in his sixth offense, he managed to finally kill himself, but he took two teenagers with him.

In his case, my firing squad would have saved four lives.

I really don't think I am going "overboard"
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