OT - Interesting criminal charges for allowing other to DWI
RIP Sweet Suki
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There are laws against bar owners, servers and stores for this. Maybe they need to be more stringently enforced, but there is no law against someone not preventing another person from driving drunk. Again, those two boys had no legal obligation to stop her from driving and as such, they broke no laws and did nothing illegal. Therefore, they should not be arrested or charged with a crime because they committed no crime.
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Originally Posted by Upsetnneedhelp 
resigned, something needs to change as drunk driving doesn't seem to be declining much. These boys knew she was drunk and could of grabbed her keys. Hopefully, these types of charges will increase. I would like to see an increase in training to those who sell alcohol in stores and bars. It's not right to sell liquor to a person who is staggering around yet it happens every day. People with 2,3,4 DUI's are a menace to society and should be locked up for 10+ years.
would be an infringement on our freedom plain and simple. 10 years for 2 duis is absurd. Do you know Dick Cheney had 2 duis in an 8 month period? The penalty for dui is already through the roof. Drunk driving is wrong..but it
isn't rape or murder. What it is now is a money making machine for the state and an easy way for young cops to climb the ladder. Giving a dui is about the easiest thing you can do..just sit outside a bar on a friday night
and wait for around closing time...then follow a car that pulled out of the bar for a few miles..pull them over and say they were swerving...then just
give them a field sobriety...breathalyzer..a little paper work..done..rinse and repeat
holding bystanders responsible for another persons drunk driving is beyond absurd
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Upset, you and I have a completely different view of addiction.
I see it as the addicts responsibility.
You are blaming everyone BUT the addict.
At some point, we all as individuals have to take responsibility for the choices we make and quit whining about how somebody else should have done something differently to fix our situation.
I see it as the addicts responsibility.
You are blaming everyone BUT the addict.
At some point, we all as individuals have to take responsibility for the choices we make and quit whining about how somebody else should have done something differently to fix our situation.
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This post has deeply unsettled me, and I could not put a finger on why.
Then I realized it is because how scary it was for me to know my loved one was not okay to drive, but us fighting over the keys, or me finding him in the driveway asleep after almost hitting the house etc.
This is prior to me finding recovery, but I suspect this lawsuit hits close to home for many of us....it could be us getting sued.
I am struggling with these feelings and I was dealing with them as a sober adult. Nevermind teens who are not known for truly understanding consequences and death.
This is just making me grateful for recovery, knowing what I know now, and knowing how I would do it differently next time.
Then I realized it is because how scary it was for me to know my loved one was not okay to drive, but us fighting over the keys, or me finding him in the driveway asleep after almost hitting the house etc.
This is prior to me finding recovery, but I suspect this lawsuit hits close to home for many of us....it could be us getting sued.
I am struggling with these feelings and I was dealing with them as a sober adult. Nevermind teens who are not known for truly understanding consequences and death.
This is just making me grateful for recovery, knowing what I know now, and knowing how I would do it differently next time.
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Originally Posted by Mountainmanbob
and once again we must be careful
it is against the law to stop anyone (even husband or wife)
from going to where they wish to go
forgot the name of the charge (just below kidnapping)
PS
I don't believe in some of these laws
too much government these days
soon they will be telling us which days we can sober up on (Mon and Fri only)
just stating the facts as I know them
MM
it is against the law to stop anyone (even husband or wife)
from going to where they wish to go
forgot the name of the charge (just below kidnapping)
PS
I don't believe in some of these laws
too much government these days
soon they will be telling us which days we can sober up on (Mon and Fri only)
just stating the facts as I know them
MM
Nursing student here - If I restrain a patient without proper documentation for the reason (and as a last resort) I can be charged with this as well.
sad part is these kids will plea out instead of fighting it. Never. take. a. Plea.
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cabo, it is a myth that DUI are all about the money. Hopefully your scenario of the police waiting outside a bar at closing time happens frequently. It is about saving innocent people on the road lives. My niece was hit by a drunken driver and the driver left her bleeding. He drove off to get away but was caught. How low can a person get? They should lower the BAC to .03 so even one beer will put a person above the legal limit.
RIP Sweet Suki
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We are a country of laws and these two boys did not break any law. That is the point. Yes, drinking and driving is a terrible thing and the young lady paid with her life, but we can't just arrest someone and charge them with a crime if no crime was committed. When we become a nation of morality police, that will be the end of a free society.
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Originally Posted by Upsetnneedhelp
cabo, it is a myth that DUI are all about the money. Hopefully your scenario of the police waiting outside a bar at closing time happens frequently. It is about saving innocent people on the road lives. My niece was hit by a drunken driver and the driver left her bleeding. He drove off to get away but was caught. How low can a person get? They should lower the BAC to .03 so even one beer will put a person above the legal limit.
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Originally Posted by BoxinRotz
How about we just start arresting people for being blubbering idiots.
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[QUOTE=lillamy;4334418]Upset, you and I have a completely I see it as the addicts responsibility.
You are blaming everyone BUT the addict.
You are right we have different views. Alcoholics and addicts effect society as no other disease does. Society needs to step up and help. I fully place blame on society and they way they looked down upon my son for aggravating his addiction. I'm hoping there will be a lawsuit that follows to these kids arrest. With that I am signing out of this thread.
You are blaming everyone BUT the addict.
You are right we have different views. Alcoholics and addicts effect society as no other disease does. Society needs to step up and help. I fully place blame on society and they way they looked down upon my son for aggravating his addiction. I'm hoping there will be a lawsuit that follows to these kids arrest. With that I am signing out of this thread.
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Originally Posted by Upsetnneedhelp
How low can a person get? They should lower the BAC to .03 so even one beer will put a person above the legal limit.
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Location: Indiana, IL
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[QUOTE=Ixi;Putting your posts together, it sounds like you want to send someone to PRISON for 10 YEARS, essentially messing up their entire life, for having ONE drink. Putting aside the obvious incongruity, what do you think that would actually accomplish to prevent drunk driving?[/QUOTE]
What I want people to see is that a crime is a crime. Many people were harsh concerning my son and his mishaps with the law. But a drunk driver driving a 3000# auto is the same as a man carrying a gun. They both can end with tragic results.
What I want people to see is that a crime is a crime. Many people were harsh concerning my son and his mishaps with the law. But a drunk driver driving a 3000# auto is the same as a man carrying a gun. They both can end with tragic results.
RIP Sweet Suki
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Yes, a crime is a crime, but these two boys did not commit any crime. You keep ignoring that fact. You get all wound up in how much you hate society for looking down on your son who DID commit crimes and is in prison and not for the first time. Don't let your anger at what your son is dealing with cloud your sensibilities. These two boys are not guilty of any crime and charging them with a crime won't change one single thing.
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General Intent Law & Legal Definition
General intent is defined the state of mind required for the commission of certain common law crimes not requiring specific intent and it usually takes the form of recklessness or negligence. Specific intent requires that a criminal defendant intended to achieve some result additional to the criminal act in order to prove all the elements needed to be found guilty of the crime. It differs from general intent, which only requires proof that the defendant intended to do the prohibited act. For example, the crime of larceny requires not only the general intent to take property, but also the specific intent to permanently deprive another of the property.
General intent is defined the state of mind required for the commission of certain common law crimes not requiring specific intent and it usually takes the form of recklessness or negligence. Specific intent requires that a criminal defendant intended to achieve some result additional to the criminal act in order to prove all the elements needed to be found guilty of the crime. It differs from general intent, which only requires proof that the defendant intended to do the prohibited act. For example, the crime of larceny requires not only the general intent to take property, but also the specific intent to permanently deprive another of the property.
RIP Sweet Suki
Join Date: Apr 2008
Location: In my sanctuary, my home
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A very small percentage of those driving drunk actually end up in a wreck and an even smaller percent actually end up hurt or killing themselves and/or hurting others. Does that mean that drunk driving isn't a big problem. No, it doesn't. But, as long as alcohol is legal, there are going to be people who drive after drinking.
I couldn't even begin to count the number of times I drove after drinking. I was a drinker for about 30 years, so you do the math. The last time I drove drunk I passed out and hit a parked Jeep. That was in 2006. I was arrested, charged with DWI and dealt with the consequences of my stupid actions. I knew I deserved everything I had to go through to pay for my crime. Fortunately, I learned from that experience and never again drove after drinking even one beer. It still took me another 2 years to seek recovery. But, I digress...
As shown in BoxinRotz post, there was no intent involved by these two boys not sitting on the young lady to prevent her from driving. People do dumb things all the time without breaking any laws. Again, these two boys broke no laws, so charging them with a crime is asinine and I feel sure the case will be tossed, as it should be.
I couldn't even begin to count the number of times I drove after drinking. I was a drinker for about 30 years, so you do the math. The last time I drove drunk I passed out and hit a parked Jeep. That was in 2006. I was arrested, charged with DWI and dealt with the consequences of my stupid actions. I knew I deserved everything I had to go through to pay for my crime. Fortunately, I learned from that experience and never again drove after drinking even one beer. It still took me another 2 years to seek recovery. But, I digress...
As shown in BoxinRotz post, there was no intent involved by these two boys not sitting on the young lady to prevent her from driving. People do dumb things all the time without breaking any laws. Again, these two boys broke no laws, so charging them with a crime is asinine and I feel sure the case will be tossed, as it should be.
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Originally Posted by Ixi
It can be both criminal and a traffic violation (I don't know what it is in NJ). 2-3 in WI are criminal traffic. 4 is a felony.
1 year liscene suspension mandatory
1-2 year interlock breathalyzer in car..which is 80 bucks a month
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I actually heard a report the other day on NPR about distracted driving (using a cell phone, texting etc).
I was interested to hear that their thoughts about how to treat this is changing and they are considering imposing harsher penalties....to model it more after impaired driving/DUI charges. They quoted statistics about the change in the laws for DUI over the years and how nationally newer laws seem to be helping overall.
Not that that excuses even one accident or resulting consequence from drunk driving.
They admitted that the laws were not perfect, but it was interesting for me to hear how public perception and policy can change behaviors for a population....not always just one individual at a time.
I was interested to hear that their thoughts about how to treat this is changing and they are considering imposing harsher penalties....to model it more after impaired driving/DUI charges. They quoted statistics about the change in the laws for DUI over the years and how nationally newer laws seem to be helping overall.
Not that that excuses even one accident or resulting consequence from drunk driving.
They admitted that the laws were not perfect, but it was interesting for me to hear how public perception and policy can change behaviors for a population....not always just one individual at a time.
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