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Filing A Law Suit Becasue Of Alcoholism....

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Old 12-08-2012, 08:55 AM
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Originally Posted by Justfor1 View Post
I know it may sound silly. I believe you would really have to have one in your automobile to understand what I'm saying. It's very difficult to enter/exit freeways &, at times, I have to look down at it & read the text to blown again. It is not 100% accurate either. It once sat in the mechanics shop over nite & when I picked it up in the AM it blew a BAC level. I'm hoping that I won't get another OWI but I know when I pick up a drink anything is possible. This thing has been nothing but a big "hassle".

There are different brands of these machines. Some are much more user friendly.

If your true motive is to just have one that is less hassle while driving and more reliable, shop around.
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Old 12-08-2012, 09:03 AM
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Also I would like to clear up "driving is a privilige". I would maintain that it is part of the right to liberty, while the general public has been sold a different story, there is some real evidence to show that that is/was in fact the original intent.

The use of the roadways for the purpose of travel and transportation is NOT a mere PRIVILEGE, but a "COMMON AND FUNDAMENTAL RIGHT" of which the public and individuals cannot rightfully be deprived. (Emphasis added) See: Chicago Motor Coach v. Chicago, supra; See: Ligare v. Chicago, 28 N.E. 934; See: Boone v. Clark, 214 S. W. 607;

See: American Jurisprudence 1st Ed., Highways 163 6.2 A Citizen 's "RIGHT" to travel upon public highways includes the right to use usual conveyances of time, including horse-drawn carriage, or automobile, for ordinary purposes of life and business. See: Thompson v. Smith (Chief of Police), 154 S. E. 579, 580

The "RIGHT" of the Citizen to travel upon the public roadways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a "COMMON RIGHT" which he has under the "RIGHT" to life, liberty, and the pursuit of happiness. See: Thompson v. Smith, supra.

The streets and roadways belong to the public, for the use of the public in the ordinary and customary manner. See: Hadfield v. Lundin, 98 Wn. 657; 168 P. 516;

All those who travel upon, and transport their property upon, the public highways, using the ordinary conveyance of today, and doing so in the usual and ordinary course of life and business. See: Hadfield, supra; See: State v. City of Spokane, 109 Wn. 360; 186 P. 864.

The "RIGHT" of the Citizen to travel upon the highways and to transport his property thereon, in the ordinary course of life and business, obviously differs radically from that of one who makes the highways his principal place of business and uses it for private gain ... See: State v. City of Spokane, supra.





That all being said you can certainly have rights taken away or limited through due process of law, which IMO is the case with various irresponsible behavior.
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Old 12-08-2012, 09:14 AM
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Thank you TSDD. That is some great info.
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Old 12-08-2012, 02:47 PM
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I'm gonna call you on your ****. Every single day, I thank the HP for my interlock. The first week took a lot of getting used to. Now I'm an old pro, I can pick that thing up and blow on the freeway. Sounds like you just need a free ride.
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Old 12-10-2012, 12:42 PM
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Playing devil's advocate on this interesting question:

If this mechanism is truly making driving dangerous for you, don't you then have a responsibility to public safety to stop driving until the danger is removed?

If there is a blanket covering your windshield, you are not guilt-free should you decide to ignore the danger that presents and become involved in an accident.

By continuing to drive with it installed in your vehicle your actions demonstrate that your claims of danger are false and that you actually believe it to not be a danger to you or harmful to the safety of others.

I could well be wrong but simply by driving the equipped vehicle to court you may nullify the claims you wish to make against the manufacturer.
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Old 12-10-2012, 12:46 PM
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Thumbs down

Yeah...um...no.

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Old 12-10-2012, 01:07 PM
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ham, but I'm required by law to have it for 18 months. I can't legally drive without it. Of course, that doesn't stop some folks from driving. Someone should tell my old drinking buddy that "driving is not a right". He has 10 driving while under suspensions. I want to do the right thing and become a safe driver but how can I with this panic inducing alcohol machine? I'll see what the lawyer says tomorrow. Thank you for everyones concern.
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Old 12-10-2012, 01:08 PM
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Originally Posted by Texasblind View Post
I'm gonna call you on your ****. Every single day, I thank the HP for my interlock. The first week took a lot of getting used to. Now I'm an old pro, I can pick that thing up and blow on the freeway. Sounds like you just need a free ride.
Did you ever do drugs? Because a person can get "high as a kite" and still operate the car.
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Old 12-10-2012, 01:42 PM
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Wow.... you sure are good at passing the blame, aren't you? You don't deserve to drive just because you went through some hoops. You've been given several chances to rectify your behavior (drunk driving) and you did not. So now stop being a baby and deal with it! And I agree with hamabi completely. If it's so dangerous to public safety and yet you drive anyway, what claim are you making in court? That you knowingly drove after feeling your safety was at risk? Sounds pretty far fetched. And TSDD is correct, too. There isn't just one manufacturer of these machines. So if you don't like the one you have, find another. And then PLEASE stop trying to blame others for inconveniences you do deserve.
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Old 12-11-2012, 07:01 AM
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I talked to the lawyer last night. He said while the Judge might acknowledge the dangers of the alcohol machine he will say that there is greater risk in me driving drunk. He said there are currently a few lawsuits pending against the machines because they destroyed the owners vehicles electrical systems! I give myself credit for trying. This is what helps me stay sober. I like rallying against the stigma of how horrible drunks & addicts are.
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Old 12-11-2012, 07:12 AM
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Keep putting in that same effort and footwork into staying stopped!!

I'm proud of you! (not that it matters)
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Old 12-11-2012, 07:19 AM
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Thank you sugerbear. It has taken a lot for me to become sober. Truthfully, I don't think the consequences of drinking are what did it either. I really have no idea what it was.But like me or not I have been sober the last 16 months except for one short evening slip.
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Old 12-11-2012, 08:06 AM
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I think I would just not drive and then you would not have to deal with a device that prevents you from driving drunk and endangering everyone on the road
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Old 12-11-2012, 08:14 AM
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LMAO. Thank you for the funny post, OP. It really gives me an attitude of gratitude.

Let us know how it works out for ya.
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Old 12-11-2012, 08:20 AM
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well if you wanted to be safe. stop driving at all. it is people like you who clog the court system with silly law suits blaming others for your ills and mistakes.
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Old 12-11-2012, 08:36 AM
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Many of the responses just verify how I feel. So many judgements & I have to wonder just how many of you have actually gone through the DUI process and/or driven with a alcohol machine. Am I suppose to wake up every day thanking God I didn't hurt anyone? At least I am 100% honest in how I feel. This is what keeps me sober. Not the 6 rehabs, not the hundreds of AA meetings, not the DUI consequences ect... It is the stigma of being treated like a piece of garbage. If alcoholism is a disease why is it still treated like moral issue? If this is how a DUI driver gets treated thank goodness I didn't discuss my other "legal bumps".
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Old 12-11-2012, 12:08 PM
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J41, eventually your past actions drinking will not come up at all. No one you haven't informed will know about your condition because when sober it's invisible to all.

I had to complete an application to the government recently and disclose all my old stuff, some of it I had to guess at (not sure of the exact number of OWIs, or public drunk arrests, but most of the other stuff I could specify). I've not lived that way in a very long time, but those facts showcase who I was.

The stigmas are there because people like you and me create them in society's perception of alcoholics with our actions. When we've not participated in furthering them for a time then the stigmas are no longer applied to us.

After a few years sober the various constant probations I'd been on since my teen years stopped. As long as we don't drink others eventually don't perceive us as drunks.

It probably goes without saying that further drinking quickly reestablishes those perceptions and stigmas.
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Old 12-11-2012, 06:05 PM
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Originally Posted by Justfor1 View Post
Did you ever do drugs? Because a person can get "high as a kite" and still operate the car.
Yeah bud, unfortunately, I did drugs too. But that's not really the issue is it?

That interlock sucks; I know. Mine goes off at all kinds of random times and it is a fear. Once i blew a "warn" after I blew a clean start. Then I blew clean after that. It's not so bad for me, because I'm not on probation.

Look, I suffer the stigma of a "convicted drunk driver" too, and yeah, my interlock always seems to go off while I'm at an intersection. But you know what...once I got pulled over for speeding, the cop said "You're supposed to have an interlock." I pulled it out and showed him my clean breath test and he said, "you're doing the right thing." and let me go.

My interlock isn't the problem. It's all the jobs I got fired from or couldn't keep when I was drinking. It's my wild work history. When I get a chance to get a job, I say, "I have an interlock license" and they say "who doesn't?"

Just gotta keep going. All the best.
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Old 12-11-2012, 06:18 PM
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Being stigmatized as a drunk driver is well deserved, because HALF of all traffic fatalities in this country, , over 30,000 by the way, involve alcohol!

Jesus, it's amazing you feel like you are the victim.
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Old 12-11-2012, 06:24 PM
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Originally Posted by Justfor1 View Post
Many of the responses just verify how I feel. So many judgements & I have to wonder just how many of you have actually gone through the DUI process and/or driven with a alcohol machine. Am I suppose to wake up every day thanking God I didn't hurt anyone? At least I am 100% honest in how I feel. This is what keeps me sober. Not the 6 rehabs, not the hundreds of AA meetings, not the DUI consequences ect... It is the stigma of being treated like a piece of garbage. If alcoholism is a disease why is it still treated like moral issue? If this is how a DUI driver gets treated thank goodness I didn't discuss my other "legal bumps".
Yes!
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