Justfor1

I plan on filing a class action law suit against the manufacturer of my alcohol monitor device for my car. I feel as if it has caused me pain & anguish while driving & I nearly had an accident while attempting to blow into the device before it shut off. Someone told me that it was a consequences from many OWI's. I feel though as if it endangers the public as it is hard to drive with it. Whats the right thing here? Some may laugh but I'm sure people laughed at the women who sued McDonalds for the hot coffee.

Xune

In America, you can sue anyone, for anything.

All I know is drunk drivers cause a lot more people pain and anguish.

I wonder if the public could launch a class action suit against drunk drivers?

Maylie

If you feel that it endangers the health of yourself and others you should go ahead with the suit. The device is supposed to make the roads safer, not almost cause accidents because you need to blow into it before it shuts off.

People laughed about the coffee case because they didn't see the pictures of the aftermath or hear accurate facts about the case. You can't judge a lawsuit by what the media gives.

Don't worry about what others might say, just worry about if this device can prove be dangerous at times. Unfortunately, lawsuits can take years and by the time it is resolved you prob. won't need to use it anymore, but you can impact the safety of those that have to use the device in the future.

Mark75

I think this one of those times where "playing the tape through" might help you.

TTBABP

I have to agree with Mark75.

castlefan

On a practical note, I hope you have deep pockets because you are going to have to hire an attorney to file this and he/she will most likely NOT do this on a contingency basis meaning YOU will have to fund the entire lawsuit which could presumably take hundreds of thousands of dollars. In my opinion, you have no chance of winning (been in law a long time) and the court could very well say if you can't operate the vehicle safely while using the device, you shouldn't have one and could take away your ability to drive at all. Just saying - maybe time would be better spent focusing on your sobriety.

DoubleBarrel

Im not a lawyer, but you can't typically file a lawsuit for almost having a problem.

The woman who scalded her legs with McDonalds coffee had demonstrable damages in the form of hospital visits, scarring, medical reports, treatment bills, time off work.

Did the almost having an accident and making you feel nervous for a second cause any damages?
If not, any lawyer is gonna tell you to take a walk.

Contrary to popular belief, you cannot "sue anybody for anything"

If you don't like the device, I suggest you take the bus until it isn't required and then never drink and drive again.
Be grateful you didn't kill someone, and they're now suing YOU in your jail cell.

Fandy

The salvation army is in need of volunteers to help them this time of year.

why not put your free time to good use for others? I'm sure someone would pick you up and drive you too.

TSDD

It's certainly your right as an American to petition for redress. I have friends who have these and have thought the same thing.... what danger fumbling with that thing every 10 minutes may be.... I have come to the conclusion that it's probably LESS dangerous than them driving in the condition under which they earned the machine's installation.

I suspect if you could find statistics showing that those machines cause more accidents than drunk drivers you would have a strong case. Otherwise perhaps consider that you have abused your right to travel and had it limited through the due process of law, contracted into your drivers license with whatever stipluations attatched of your own free will, and have 100% choice about whether to drive at all.

Good luck if you decide to go on with this. IMO in the big scheme of wrongs to right there's better crusades in which to invest time and money.

escapist

Was this device installed as a jail alternative? Here in Fort Wayne 2 OWI's land you in jail with a felony conviction. An alternative/deferral is to take antabuse 3 to 5 times a week at the county clinic for 3 years. If it makes you sick (the antabuse) you can't sue. If you quit the program, your probation is revoked , you get the felony and do 18 months in jail, and lose your drivers license for 10 years.

Justfor1

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".

2granddaughters

I'm sure it was designed to be a hassle.

Once you get/stay sober it won't affect you in the least.

I suggest you apply the Serenity Prayer to this issue.

What does your sponsor think of your situation ?? ....

All the best.

Bob R

sugarbear1

I'm confused, you have to blow in it while driving?

Why would you want to turn it off when driving?

KnowHope

Something the occasional alcoholic loves: DRAMA

Sorry, but I'm calling BS. Feels like just one more attempt to stir the pot.

I'd be happy to help when you're ready to deal with accountability, amends, inventory, etc.

robgt350

would you rather not be allowed to drive? maybe ride a bike, or take a bus or taxi where you need to go.

Fandy

and I'm sure that if you should ever follow through with this big lawsuit...the FIRST thing you would do with the $$$$ is to pay back all the medical bills/emergency room fees/hospital fees that you incurred. and possibly you owe back child support?

you had how many DUIs? you've stated in the past that you "couldn't promise or know if you would ever drive drunk again". You just got your license back after how many years? Driving is a privilege, not your right when you have abused the system for so long. this is one of the most ludacris threads i've read and I hope it gets closed soon.

AcceptingChange

Because it stops people from getting a sober person to blow it so the car starts, and then the driver who drank alcohol drives away in the car. The device constantly "checks" that the driver is sober during the entire ride, and didn't just find a way to get the device to start the car.

If you're going to use the McDonald's woman's case, make sure you have the facts. It was a complicated, expensive lawsuit. They made a documentary on it, you can see info on it here.
http//www.hotcoffeethemovie.com/

Judges are pretty practical. They may agree with you that it's dangerous. But then they'll ask "So, what did you do to fix the problem? Do you have any suggestions on how the device can work more safely? Did you contact the device manufacturer to see if they have a solution to the safety issue?" The judge isn't t going to just award you money because you found a problem, and your first action was to file a lawsuit. They expect you to show due diligence in resolving the issue, and then proving that all attempts at resolution failed. If you don't have this type of a case, you'll lose the case, and you'll lose a lot of money. And the "pain and anguish" angle is rarely persuasive or financially compensated, especially since you are the cause of the situation with your DUI convictions.

Justfor1

I expect in 10 or 15 years there will be a movement to suspend the license of those who text while driving. I have a lawyer willing to listen to me & have an appointment next week. I want to be a safe & responsible driver but the machine gets in my way of doing so. It was strange when I started driving again sober after so many years. I was always running into things when I use to drive drunk. I deserve to drive & paid my dues.

Justfor1

Acceptingchange, yes I do have an alternative. A person should get 10yrs for their first DUI and a life sentence for the second DUI. Why does my state allow a person to get 4 DUI's until they are suspended for life? Why doesn't the number of DUI arrests decline? The message is out there yet folks continue to drive drunk. Oh and, of course, try telling the "driving is a privlidge not a right" line on someone I know. He has 7 DUI's and 12+ driving while on suspension.

AcceptingChange

Wow! Well, that seems too severe to me. A person can get their first DUI coming back from their daughter's wedding and having 3 glasses of champagne. The DUI law only allows .08 BAC, which is about 2-3 drinks. But you've got reasons for your opinion, so i won't try to change your mind.

If your goal is to remove the possibility of anyone driving drunk, you can try to get the laws changed so every new car has a built in alcohol detector. This would be a safety device, just like seatbelts. Since it would be mandatory for all new cars, the companies that make the alcohol detection devices would design them so they work much better than the one you're forced to use, just like seat belts work much better now than the original versions. That would solve the problem more effectively than increasing the punishments, and it wouldn't destroy so many of the lives of people caught in the grip of addiction.