I just don’t understand drinking and driving

My friend Thompson stopped by and asked to borrow my ladder
to take down his Christmas lights. . . .

I hope it makes people think before getting in their car after leaving the bars.

Of course I did. I’ve known him for two years since I first moved to St. Pete.
He’s a board member of St. Pete Pride.

A lot of things could harm a jury likely willingness to put the hammer down on the driver such as it turn out that the cyclist was high on drugs or alcohol himself.

Tuesday, the 44-year-old woman appeared for sentencing and the judge imposed a 10-year prison sentence, plis5-years probation for DUI manslaughter related the August, 2009 allegations. The woman told the judge in Tuesday's hearing that not a day goes by without her thinking about the events that happened that night. She says she was suffering from depression after her mother's death at the time of the crash. She told her story and sought lenience after changing her plea to no-contest.

The woman had no prior DUI convictions on her record. She was working three jobs to support her family the night she was involved in the traffic accident. The judge acknowledged that the August 2009 accident was indeed an isolated incident for the woman. The judge recognized her remorse. He said, however, the incident should not be treated lightly.

The judge adjudicated the woman guilty of DUI manslaughter and child neglect before imposing the 10-year prison term and 5-years of probation. The judge also permanently revoked the woman's driver's license, imposed a fine and restitution, and ordered the woman complete 50 hours of community service.

The allegations involved an accident that claimed the life of a 48-year-old motorcyclist. The woman reportedly measured 0.243 and 0.242 percent blood alcohol concentration after the fatal accident. She was traveling with her 6-year-old daughter in the car when she was involved in the crash, leading to the child neglect charge.

Police say the motorcyclist also had been drinking before the accident. His blood alcohol level reportedly measured more than twice the legal limit in Florida.
http://www.fortmyersattorneydui.com/2011/10/woman-sentenced-to-10-years-for-florida-dui-manslaughter.shtml

Flagler accident won't face DUI manslaughter charge
By FRANK FERNANDEZ, Staff writer
December 16, 2011

PALM COAST -- The driver of a pickup who struck and killed a 15-year-old on a bicycle in Seminole Woods in August had a blood-alcohol level nearly twice the legal limit but won't be charged with DUI manslaughter, according to the Florida Highway Patrol.

Gary E. Wright Jr., 32, of Palm Coast has been charged with misdemeanor DUI because authorities didn't think he was at fault for the fatal accident.

Wright was driving the pickup which struck Kirt Smith from behind as Smith peddled south about 8:40 p.m. on Aug. 26 in the inside southbound lane on Seminole Woods Boulevard south of State Road 100 in Palm Coast. Kirt died from his injuries three days later at Halifax Health Medical Center in Daytona Beach.

Wright admitted to drinking two Long Island Iced Teas and had a blood alcohol level of 0.15, according to the FHP report. A driver is considered impaired under Florida law with a blood alcohol level of 0.08.

However, Kirt was riding his bicycle in the dark without a headlight, taillight or rear facing red reflector, according to an FHP accident report. A headlight, taillight and the rear red reflector on the bicycle are all required by law, said FHP Lt. Bill Leeper in a phone interview. Smith also was required to wear a helmet because he was under 16, Leeper said.

"Our investigation has been completed and after collecting all of the evidence, interviewing witnesses and consulting with the State Attorney's Office, we have charged Mr. Wright with Driving Under the Influence (DUI)," Leeper wrote in an e-mail.

Assistant State Attorney Ben Fox said Thursday that a DUI manslaughter charge combines driving under the influence with causing or contributing to the cause of a fatal crash.

"If it's the other person's fault but the (DUI) defendant didn't cause the crash, then it's just DUI," Fox said.

FHP Cpl. Peter Young, who investigated the accident, conferred with Fox.

"He did consult us and we did agree that there was insufficient evidence of causation to file DUI manslaughter, and the trooper determined and the State Attorneys Office agreed that he would file just the DUI citation," Fox said.

It's difficult to determine whether alcohol prevented a driver from taking evasive action to avoid a crash, Fox said.

"You have to be able to show that had the person not been impaired he could have avoided the crash and I don't believe that could be proven in this case," Fox said.

If convicted of misdemeanor driving under the influence, Wright faces up to six months in jail, although there is no mandatory jail time. Wright also faces suspension of his drivers license for between six to 12 months, and between six months and one year probation. He may have to perform 50 hours of community service and have his vehicle impounded for 10 days, and pay a $500 fine.

The decision to charge Wright with what is known as a "simple DUI" means he does not need to worry about the much stiffer penalties of DUI manslaughter -- a second-degree felony carrying a minimum of four years in prison and a maximum of up to 15 years upon conviction. The DUI manslaughter charge also carries a fine of up to $10,000 and a lifetime drivers license revocation.
http://www.news-journalonline.com/news/local/flagler/2011/12/16/driver-in-fatal-flagler-accident-wont-face-dui-manslaughter-charge.html

Agree with firefly that a breath analyzer in a bar could be useful, not that I know how they work, meaning I don't know what they look like, if they have to be sterile, etc.

I wouldn't be so sure about that. This case took place in Florida. The motorcyclist who was killed was also quite drunk.

If a case and the situation call for jury nullification Flordia juries had been known to do so.

Of course, in the case we are discussing,
the driver also fled the scene

and failed to aid the fatally injured victim, . . .

very slimy dave...

the truth plays such a small role in a proper defense.

National Directory of Designated Driver Services
When You REALLY Need to Get a Ride
LAST UPDATED 12/21/11

Here’s a situation. You have driven somewhere and gotten drunk. You know you should not drive. You could take the bus or a cab. However, that leaves your car behind. You need your car in the morning.

What to do? Risk it?

NO WAY!

In many cities across America, there are ’designated driver’ services available. These companies will actually get both you and your car home safely. The biggest challenge is knowing if they are available in your area. Don’t worry. We’ve got you covered.

Designated driver services generally work one of two ways. There are ’Team Lift’ and ’Scooter’ approaches.

Team Lift is where two guys come to where you are in their vehicle. One drives you home in your car while the other follows in their car. They get you home and then both ride off together in their car.

The Scooter approach is where a guy arrives on a special scooter that folds up and fits into a nice, compact carrying bag. He stows the scooter in your trunk and drives you home in your car. Then he unpacks his scooter and rides off to his next client.

There are both commercial businesses and non-profit groups providing designated driver services. Commercial businesses typically offer other transportation services as well. They will frequently serve a single large metropolitan area and its immediate surroundings, if not that entire county. Most non-profits work directly with individual restaurant and bar owners in their local city or county. To use these services, you need to be in a participating bar or restaurant. The non-profit designated driver services are usually cheaper and sometimes even free. You should tip them! Many of these services also operate only during limited weekend hours. In fact, some are available during Holidays only.

Another way designated driver services can work is by membership. Pay for your membership, and you can avail yourself of the service when needed.

These companies, both commercial and non-profit, serve the general community. There are other, more or less private designated driver services available to specific institutional groups.

For example, South Dakota State University is among many that make designated driver services available to their students. The Dover Airmen Against Drunk Driving (DAADD) Program serves the airmen of Dover Air Force Base in Delaware. Air Force, Army and Navy bases frequently have designated driver services ready for their people. If you live on a campus or a base, they generally tell you if they have a designated driver service available to you.

We always suggest that you make yourself aware of all your alternatives to driving under the influence. Find out if a Designated Driver service is available in your county and visit their website to make yourself familiar with the service they offer. Find out what it takes to get a ride, how much it will cost, and where and when the service is available. If a Designated Driver service is available to you, make sure that you know about it.

Check our "Get a Ride" list below. The Get a Ride list includes commercial and non-profit companies that get you and your car home when you can't drive. Therefore, this list does not include limousines, standard taxis, or party buses.

We do list some taxis, though. Cab drivers have a vested interest in keeping drunk drivers off the roads. In an attempt to help make that happen, some taxi services offer a "Free Ride Back" to your car the next day. We even list a free taxi service. Tip them if you can. If you think you might use one of these services, be sure to begin the evening by parking somewhere that will be safe from towing, ticketing, or vandalization overnight!

STATES WITH NO
DESIGNATED DRIVER
SERVICES

Alabama
Hawaii
Montana
Nebraska
New Hampshire
Vermont
West Virginia
http://www.drinkinganddriving.org/tools/services.html