43
   

I just don’t understand drinking and driving

 
 
jcboy
 
  2  
Reply Sat 4 Feb, 2012 08:11 pm
@redguitar,
Sounds like you have been eaten at that tacky St. Pete diner Cool
BillRM
 
  1  
Reply Sat 4 Feb, 2012 08:20 pm
@jcboy,
Quote:
didn’t have to drive home if he didn’t have a phone, he could have knocked on someone’s door.


Let get this straight knocking at random people homes at 2 am in the morning in order to try to get access to a phone would be your first thought in an emergency situation instead of driving a block and getting to a known phone when time is an issue?

You could do a lot of things but if you was trying to get help in as short a time frame as possible driving that block seem not at all unreasonable thing to do.

Laws should be design to not make a situation worst by causing people to fear going to summon help for example in the best manner their judgment call for such as going a block to do so.

You sure the hell am not fleeing anything if you are the one calling 911 for aid.
BillRM
 
  0  
Reply Sat 4 Feb, 2012 08:25 pm
@firefly,
Quote:
So, being a Smart Ass in that situation really wouldn't work to your benefit.


If not blowing mean you do not have a DUI conviction because they could not prove you was driving under the influence double the time you can not drive seems a more then fair trade off.
0 Replies
 
jcboy
 
  2  
Reply Sat 4 Feb, 2012 08:26 pm
@BillRM,
I would have Bill; I certainly wouldn’t have driven home to call them after a body hit my windshield. I couldn’t have driven another block after an experience like that, unless I was so drunk that I panicked and drove off.
redguitar
 
  0  
Reply Sat 4 Feb, 2012 08:29 pm
@jcboy,
Please, I grew up in St. Pete. Which tacky diner? 9th st n 24th ave n or 34th st n 11th ave?
jcboy
 
  2  
Reply Sat 4 Feb, 2012 08:38 pm
@redguitar,
It's the one on 34th, the one everyone calls bar food, that's where they usually go after Georgies.
0 Replies
 
BillRM
 
  0  
Reply Sat 4 Feb, 2012 08:41 pm
@jcboy,
Without being drunk I would had likely stop and look at the situation however if I did not have a working cell phone with me and my judgment was that the best chance of survive of the person hit is to get help in as short a time frame as possible I think I would had gone for the house phone one block away not randomly knocking on doors at 2 am in the morning.

Of course now that this thread had shown how unreasonable the law enforcement people can be I might decide that my welfare is more important then the person hit survival and do what Firefly suggested wait until another car drive by at 2 AM or keep pounding on near by doors.

By the way that bring up another question if a block is too far is 50 feet or a hundred feet or two hundred feet or three hundred feet to someone door too far also?

A block is not all that must more distant from the scene after all being in the range of 500 feet if memory serve me correctly.

In other word if fleeing can mean going a block to summon help how must more silly and unreasonable do you think we should get over the issue?
redguitar
 
  -1  
Reply Sat 4 Feb, 2012 09:07 pm
@BillRM,
Hello, the first person who is thinking time and distance. In that neighborhood 500ft is about a block and a half. Or less. Knock on doors at 3 in the morning. I would answer the door, with a Smith @ Wesson in my hand. Swift is not the first person to make this mistake. I have only lived in FL. Only license...FL. I remember the parallel parking test, but not the 3am homeless person riding in front of car my on a moving vehicle. Let alone the written first aid part I have to perform.
jcboy
 
  2  
Reply Sat 4 Feb, 2012 09:15 pm
@redguitar,
Quote:
but not the 3am homeless person riding in front of car my on a moving vehicle.


What year did the curfew law pass for homeless persons?
BillRM
 
  0  
Reply Sat 4 Feb, 2012 09:40 pm
@jcboy,
Quote:
What year did the curfew law pass for homeless persons?


The issue is if that homeless person was not light up as the law require he had no more business of the roadways then a drunk driver does at 2 am in the morning.

The act of "dark" cycling at those hours are just as life threatening and as poor a judgment call as driving home after a few hours in a bar.

Sloan
 
  2  
Reply Sat 4 Feb, 2012 09:41 pm
@jcboy,
St. Pete Diner? I will never forget that night and the look on your face! Pricless!
0 Replies
 
redguitar
 
  -2  
Reply Sat 4 Feb, 2012 09:54 pm
@jcboy,
Try again. When did you take a driving test at 3 am?
0 Replies
 
redguitar
 
  1  
Reply Sat 4 Feb, 2012 09:56 pm
@BillRM,
You go Boi. I got ya back
Questioner
 
  2  
Reply Sat 4 Feb, 2012 10:26 pm
@redguitar,
redguitar wrote:

You go Boi. I got ya back


You two were definitely made for each other.
0 Replies
 
firefly
 
  3  
Reply Sat 4 Feb, 2012 10:31 pm
@BillRM,
Quote:
Of course now that this thread had shown how unreasonable the law enforcement people can be

Right, they really are "unreasonable" when a drunk driver hits someone on a bike, keeps driving, and leaves the man alone, dying in the street. Arresting someone for doing that sure is "unreasonable", isn't it? Rolling Eyes

And, they'll arrest you for doing the same thing even if you are sober, just to be "unreasonable". Rolling Eyes

You can't just hit people with your car and leave them severely injured and helpless and alone in the road.
At the very least, in the middle of the night, you ought to block them with your car to keep someone else from running over them, if you don't have flares to put out, and you ought to do that, just to protect them from more harm, even if there is no way you can medically assist the victim.

When you are supposed to stop your car and remain at the scene, that's what you should do. And, on a residential block, you can always hit your horn non-stop if you have to, to draw attention to the need for help. And that would wake up the neighborhood or attract the attention of the police.

You don't know that he went home and called police, or how long it took him to call the police, if that was what he did. You just know that, at some point, for some reason, the police appeared at his door.

And you don't know that there weren't any other cars on that street--that there weren't other cars going in either the same direction, or the opposite direction, on that street, who might have seen the accident and might have pulled over to help. Or who might have come along a minute or two after the accident and offered help. Swift mightn't have known any of that that either if he didn't bother to stop.

And jcboy said he had his cell phone with him. And they can be recharged in the car if need be.

The problem isn't the law, the problem is the way he acted after hitting someone with his car. Is there any state in which a hit and run wouldn't be regarded as illegal?





hawkeye10
 
  -1  
Reply Sat 4 Feb, 2012 11:13 pm
@firefly,
Quote:
You can't just hit people with your car and leave them severely injured and helpless and alone in the road.


Not in Florida, but then Florida does have some of the harshest hit and run laws in the nation.....brand new laws mostly.

Quote:
The problem isn't the law, the problem is the way he acted after hitting someone with his car.
What would Thoms answer be if he was free to speak? Would it be that the problem with how he acted that night included being a good citizen and alerting the police that he had committed a crime, either the hit and run or the drinking??
firefly
 
  1  
Reply Sun 5 Feb, 2012 02:55 am
@hawkeye10,
Quote:
Not in Florida, but then Florida does have some of the harshest hit and run laws in the nation.....brand new laws mostly.

I hate to tell you this, but the state you live in, Washington, has pretty much the exact same law as Florida, including the rquirement to offer the victim medical assistance. And, if you fail to do that, it's a Class B felony in the case of a fatality.
http://www.deadlyroads.com/laws/washington-hit-and-run-laws.shtml

And the law in Florida is not "brand new".

There are only 3 states where it is not a felony to flee the scene of a crash after killing someone--Utah, Kentucky, and Montana.

And the penalties for DUI Manslaughter/Vehicular Homicide are pretty hefty where you live as well--it's a Class A felony in the state of Washington.
Quote:
RCW 46.61.520
Vehicular homicide — Penalty.

(1) When the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle:

(a) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502; or

(b) In a reckless manner; or

(c) With disregard for the safety of others.

(2) Vehicular homicide is a class A felony punishable under chapter 9A.20 RCW, except that, for a conviction under subsection (1)(a) of this section, an additional two years shall be added to the sentence for each prior offense as defined in RCW 46.61.5055.
http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.520

There's nothing peculiar to Florida about any of this.
Quote:
Would it be that the problem with how he acted that night included being a good citizen and alerting the police that he had committed a crime, either the hit and run or the drinking??

The problem with how he acted that night was that he was driving drunk, hit someone with his car, and didn't stop or try to aid the victim. He left the man dying, helpless, and alone on the road--where someone else could have run over him--without even stopping to see if there was anything he could do to help the victim.

If in fact he did call the police to report the accident, that may well help his lawyer to get the leaving the scene charges dropped in a plea deal.
Quote:
What would Thoms answer be if he was free to speak?

He is free to speak. Except I'm sure his lawyer has advised him to exercise his right to remain silent. But, if he wanted to speak, he certainly could.


hawkeye10
 
  1  
Reply Sun 5 Feb, 2012 03:26 am
@firefly,
Quote:
A bill awaiting the 2012 Legislature proposes to toughen punishment for vehicular homicide and vehicular assault.

The standard sentence range for DUI-related vehicular homicide in Washington is 2 1/2 to 3 1/2 years in prison. House bill 2216 would raise the sentencing range to the same level as first-degree manslaughter, 6 1/2 to 8 1/2 years.


http://www.heraldnet.com/article/20111231/NEWS01/712319943/1062

I have no doubt that we will continue to see inflation of the penalty, as we Americans tend to be a pretty sadistic bunch.

Quote:
If in fact he did call the police to report the accident, that may well help his lawyer to get the leaving the scene charges dropped in a plea deal.


I doubt it, I figure that the hope is that the state will let him do the time concurrently. To get this though he need to keep his mouth shut and not piss off the man.
OmSigDAVID
 
  1  
Reply Sun 5 Feb, 2012 04:39 am
@hawkeye10,
I wonder whether in Florida
conviction of a felony results in revocation of all professional licenses.
0 Replies
 
BillRM
 
  0  
Reply Sun 5 Feb, 2012 05:14 am
@hawkeye10,
Quote:
I have no doubt that we will continue to see inflation of the penalty, as we Americans tend to be a pretty sadistic bunch.


In Florida Hawkeye we are constantly cutting back on the state fundings of such unimportants things as public education at all levels, public health programs, child welfare programs and on and on but we never seems to be without the fundings to place an ever larger percents of our total population in prison for an ever increasing amount of time.

One wonder how many more of our citizens are going to died because such public hospitals in the state such as Jackson public hospital need to cut back more and more on the treatments of our citizens without insurance in order to paid for the housing/jailing of such evil people who we had here for added years for daring to drive a block to summon aid.
 

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