I just don’t understand drinking and driving

@Wildhourses,

You're going to get hell for that Joe!

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@Wildhourses,

The sad part is the outcome might very well had been the same if his BAC was 0.0 the only different would be his life would not be on the edge of being ruin.

Perhaps not if he still had gone that block or so to a phone to summons help.

Remember boys and girls the state wish you to remain on the scene even if doing so will likely cause a death.

1 Reply

@Wildhourses,

Wildhourses wrote:

Thom second from left. He did something stupid and a horrible accident came of it. So many could be in his shoes right now, they are just the lucky ones who made it home.

Thank u. Was that taken at the bar in question ?

David

1 Reply

@BillRM,

BillRM wrote:

The sad part is the outcome might very well had been the same if his BAC was 0.0 the only different would be his life would not be on the edge of being ruin.

No the sad part is that a man was killed.

2 Replies

@izzythepush,

izzythepush wrote:

BillRM wrote:

The sad part is the outcome might very well had been the same if his BAC was 0.0 the only different would be his life would not be on the edge of being ruin.

No the sad part is that a man was killed.

Isn't is just like you to have blinders on the size of a Kentucky Derby runner.....there is lots to be sad about here, the ending of what appears to be Barry's miserable life is just the beginning.

1 Reply

@hawkeye10,

Isn't it just like you to dismiss the life of another human being as miserable.

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@OmSigDAVID,

Yes David, that would be Georgies. I hope that isn't a recent photo.

1 Reply

@EqualityFLSTPete,

EqualityFLSTPete wrote:

Yes David, that would be Georgies. I hope that isn't a recent photo.

Thank u, Anthony. It looks like a nice place. Maybe he can go there if he does not drink ????

David

0 Replies

@izzythepush,

BillRM wrote:

The sad part is the outcome might very well had been the same if his BAC was 0.0
the only different would be his life would not be on the edge of being ruin.

izzythepush wrote:

No the sad part is that a man was killed.

Well, we behold a situation wherein 2 men found themselves in bad situations.
One got killed; the other has MAJOR legal problems.
The decedent is beyond human help (except to be avenged IF that is what he wanted).
If Barry was also DUI on his bike, then chances r fairly decent
that he did not believe in severe penalties for drunk driving n was not vengeful, in my opinion.

Just speaking for myself, as a citizen,
in this case, I don 't feel a blood lust (figuratively speaking, qua incarceration) for vengeance.
I think its better to take a magnanimous vu; it was an accident, not malicious.
Let he who is without fault throw the first stone.
He lives at the scene of the ax (1.5 blocks is at the scene)
and he went in his house to call for help.

David

1 Reply

@OmSigDAVID,

It's quite easy to take a magnanimous view when you're not related to the victim.

1 Reply

@izzythepush,

Maybe; it can be,
depending on the circumstances;
e.g., if an innocent decedent had been killed in a robbery,
I 'd not take a magnanimous vu.

David

2 Replies

@OmSigDAVID,

At the same time, I'm not being spiteful, but in someone drinks and drives they're playing fast and loose with other people's lives. That's why I don't. If I want to go out for a beer I walk.

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@OmSigDAVID,

The victim was innocent.

1 Reply

@izzythepush,

izzythepush wrote:

The victim was innocent.

Yes, as we have discussed this conclusion is what the law assumes, and the state will not look into the matter. On the night in question Barry might have been more of a menece to the collective than was Thom, but he ended up dead so it is Thom who we will punish. Thom chose to drink and drive, and so we will hold him responsible for anything that goes wrong during that driving whether it is his fault or not.....his fault is assumed.

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@hawkeye10,

Quote:

Thom chose to drink and drive, and so we will hold him responsible for anything that goes wrong during that driving whether it is his fault or not.....his fault is assumed.

No, his fault is not assumed. That's an idiotic and uninformed statement on your part. The state must prove every element of the charges against Swift, and the function of his very able defense attorney is to hold them to that standard of proof.

Quote:

this conclusion is what the law assumes, and the state will not look into the matter.

How do you know that the state will not look into the matter? Have you studied case law in similar situations?

Do you think the defense won't look into the condition of the victim, and all the elements involved in the collision? What on earth do you think defense attorneys do?

Your paranoia and ignorance do not qualify as informed commentary on what will occur in this case.

1 Reply

@hawkeye10,

hawkeye10 wrote:

Thom chose to drink and drive, and so we will hold him responsible for anything that goes wrong during that driving whether it is his fault or not.....his fault is assumed.

He was at fault. He chose to drink and drive. If you don't want to be punished for drink driving it's quite simple, don't drink.

1 Reply

@izzythepush,

hawkeye10 wrote:

Thom chose to drink and drive, and so we will hold him responsible for anything that goes wrong during that driving whether it is his fault or not.....his fault is assumed.

izzythepush wrote:

He was at fault. He chose to drink and drive.

Maybe it coud be possible that Tom drank
AFTER the ax, when he got home, to steady his nerves.
That might have affected the results of the police tests on him.

izzythepush wrote:

If you don't want to be punished for drink driving it's quite simple, don't drink.

Well, the point has been made
that it might have also occurred if Tom never drank alcohol.
We don't know whether a sober driver'd have seen Barry's bike, if it were unlit.
Was it Firefly who found us a case of exculpation of homicide for that reason,
with a conviction for DUI or DWI??

David

1 Reply

@OmSigDAVID,

OmSigDAVID wrote:

Maybe it coud be possible that Tom drank
AFTER the ax, when he got home, to steady his nerves.
That might have affected the results of the police tests on him.

I can see why you're a lawyer. Only a lawyer could accept that a sober man would flee the scene of an accident, go home and then start drinking. That's not as ridiculous as Hawkeye's claim that homeless men try to commit suicide by throwing themselves into the paths of drunken drivers, but it's not far off.

1 Reply

@firefly,

Hi, Firefly. How is your mood coming along ?

David

1 Reply

@izzythepush,

OmSigDAVID wrote:

Maybe it coud be possible that Tom drank
AFTER the ax, when he got home, to steady his nerves.
That might have affected the results of the police tests on him.

izzythepush wrote:

I can see why you're a lawyer. Only a lawyer could accept that a sober man would flee the scene of an accident, go home and then start drinking. That's not as ridiculous as Hawkeye's claim that homeless men try to commit suicide by throwing themselves into the paths of drunken drivers, but it's not far off.

Well, its a known fact that sober men
have fled the scenes of accidents; 1OOOs of times in American history.
In this case, Tom did not flee. He went inside and he called for help
for the unfortunate Barry. He had to reach a fone. Under such severe stress,
it 'd surely be no surprize if he urgently needed sanitary relief.
It happens to the best of us.
Possibly, while he awaited the arrival of emergency assistance,
he found a need for the comfort and sedation of a few drinks; who knows ??
Is there a law in Florida against drinking in your own home?? I dunno.

David

0 Replies

I just don’t understand drinking and driving

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