DWI Laws are Draconian

NCBusa2001

Registered
Let me start by saying I DO NOT condone drunk driving but I need to share this with you fine people.

This is a brief story of my friends plight. Here’s the deal.

2003 We were hanging our basically bar hopping. He was on his motorcycle and I was in my truck. He leaves the bar, too soon, and gets pulled within 2 blocks of the bar. Enter DWI #1. Goes to court gets one year suspended sentence and lost his license.

2004 He had a bit to drink at a family get together and got pulled (way outside of the LEO’s jurisdiction) on his way home (blew an .11 with no license) He got a 24 month suspended sentence plus some jail time. DWI #2

December 2005. He is at my house and we were drinking a bit. At 11:00 I tell him to ease up as I was heading to bed shortly. Midnight, still drinking. 1am, still drinking. 2am, time to go, as Kim wouldn’t want to find him drunk on the couch in the morning.

2:15AM I get a call “Hey man, I got pulled and need you to pick up my scooter.†Well damm. So I go and help a brother out. DWI #3

January 2006 He goes to court and they activate his sentences and he goes in for THREE YEARS (18 months) and the last DWI hasn’t even gone to court. Once that gets heard they could tack on another FOUR YEARS.

In summary: DWI on motorcycle, DWI compact car, DWI on moped = 2-7 years in prison @ $80,000 a year billed to Joe Blow taxpayer.

To me that is draconian in nature. Does he have a problem, Yes. Is he an alcoholic, Yes. Is he a criminal deserved of prison, NO. Should he have court mandated inpatient treatment stay, Yes.

I realize “he rolled the dice and lost†but to put someone in prison for that length of time serves no purpose. Definitely not going to be a rehabilitating experience and he will still be an alcoholic when he is released. How does that serve to protect the public?

Now a person can sell all the crack to your kids then rape and molest them, and still not serve that kind of time. I can break in to your house steal you blind, slap your wife, have my way with your cat….and not get that kind of time. I just don’t understand the rational of our judicial system.

Am I way off base, or is something just not right here.

Sadly,
Chris

P.S. I wonder how much time the captain of the Exxon Valdez received.
 
Prolly what will happen in NC,is the ame thing that happened to a friend of mine in Springlake,he did basically the same as your friend,kept driving and drinking but other than that he was a good guy.He did some time 3-4 mths,and then the court let him get his license back,sound obsurd? The court ALSO ordered that a ignition breathalizer be installed in his car.Blow any alcohol at all, no start,blow clean and the car will start.Simple.
 
I think your friend needs to give up either drinking, or driving, and be glad he never killed anyone.

Kevin
 
I'd rather have your buddy in jail, than driving drunk on the road. How many times does it take before someone gets hurt/killed.

I've got ZERO tolerance for drunk driving.
 
Better to put him in a jail cell than a pine box. It's not like he didn't know the consequences of getting caught. And it is not 80,000 a year to house him.

Would you rather your wife or GF see him in his casket or passed out on your couch.

You said you don't condone drinking an driving, yet you were with hime 2 of the 3 times and his transportation was his bike. Yeah right, so when do you actually try to stop him? After he's drunk or before he starts drinkin while riding his bike? Quite the friend you are.:O
 
He should have learned after the first one
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why isn't he a criminal every time he was drunk and put the key in the ignition he was taking a chance at killing his self as well as some one else if anything he should thank the officers for keeping a watchful eye out in his times drunkenness
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Seems to me that your buddy is the one that made all of the choices that led to his predicament.

He choose to drink every single time... and then get on/in his bike/car.

If you build a fire and stick your hand into it and get burned... Is it the fires fault?

It is simple DON'T DRINK AND DRIVE...

I have the same exact friend by the way... Lost his license for 6 years... I was never sad for him.
You can have a problem with the booze and still walk or cab or sleep it off... You never need to get on your bike or in your car.

Every drunk that gets behind the wheel is a killer looking for a victim... Regardless of intent.
 
Sucks to be him.
The jail time will do him some good though.
It will interupt his drinking cycle.
There is N/A and A/A available in the can.
Everyone here in VT is getting 4 to 12 month sentences on first offenses now.
That's in time, no suspended sentence crap.
So fiqure you do half of it inside if you don't qualify for the work camp.
 
IMO the jail time is justifiable for the simple reason that it keeps him (a potential killer) off the streets. They can suspend his license for years or even for life, but as long as he continues to drink, he’ll eventually end up behind the wheel of some vehicle. Someday he’ll kill someone UNLESS he acknowledges that he has a serious problem and seeks professional help. Hopefully the jail time will give him time to think about where his life is headed!
 
NCBusa2001 If I read your post right you are not trying to defend your freind but are comenting about the DWI law of where you live. The only coment I have is that in this case it would have been better for the law to have not suspened this first DWI and surley not the second. I agree the law should have given him court mandated inpatient treatment, but would that have stopped him? I would like to belive it would but I do not know him. I am not flaming you here but he needs the help and love of his freinds and family. I am glad he did not kill him self or any one elses on the roads. One last thing I am willing to bet that those were not the only times he has been driving drunk.
 
NCBusa2001 If I read your post right you are not trying to defend your freind but are comenting about the DWI law of where you live. The only coment I have is that in this case it would have been better for the law to have not suspened this first DWI and surley not the second. I agree the law should have given him court mandated inpatient treatment, but would that have stopped him? I would like to belive it would but I do not know him. I am not flaming you here but he needs the help and love of his freinds and family. I am glad he did not kill him self or any one elses on the roads. One last thing I am willing to bet that those were not the only times he has been driving drunk.
Yea, but this is based on our not knowing if he had any prior record ! I've seen these in court, and it's unbeliveable how many time they are repeat offenders on DUI, Speeding and other traffic infractions. Maybe the Judge just had enough with this guy. We don't know, but I've never seen suspention on the 1st offence of anything !
What we don't know can kill us  
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I`m with everybody on this one. Drunk drivers killing innocent people every day. I would rather pay to keep him out of my way then get killed by POS drunk a$$hole...

and you are shitty friend by the way...

There is service called TAXI, you know...

Laws is too soft for drinking sugarbritches... A little country of Sweden has a law when they caught somebody drunk they mandated special license plate saying  ALCOHOLIC and that car getting stoped EVERY time police officer seing it.



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You might view your buddy's "drinking problems" a bit differently had he ever actually hurt someone. That's the rub with those that continually get DUIs...many get away with it over and over and over again and never harm anyone other than themselves...others kill innocent people before they're ever caught or they are repeat offenders that keep bucking the system 'til they take someone's life...

Honestly, and this is my opinion only of course, he should have been locked up the very first time. Maybe he would take it more seriously and not continue to drink and drive like he has...like I said, he's lucky he hasn't killed himself yet or that he hasn't destroyed someone's family by killing them...
 
*** WARNING: Educational Material Ahead ***

The word "draconian" comes from the Ancient Greek lawmaker Draco who would punish minor offendors with death. Over time, Draco's name has come to be synonymous with overly severe punishments.

*** Now back to your regularly scheduled thread. ***
 
December 2005. He is at my house and we were drinking a bit. At 11:00 I tell him to ease up as I was heading to bed shortly. Midnight, still drinking. 1am, still drinking. 2am, time to go, as Kim wouldn’t want to find him drunk on the couch in the morning.
Draconion or not, your friend was drinking with you, at your place?! You have a responsibility to cut him off when you think he should be done. Especially if you know he can't stay the night. Just like any bar (which get sued and lose all the time) has a responsibility to cut off their patrons, you share the same responsibility.

"Friends don't let friends drive drunk"... ring any bells? I've punched a friend square in the jaw just to take his keys. We're friends to this day, and he's had two DUI's/DWI's since. He and I have had words about his drinking problem, which he's now seeking help for. Drinking and driving? Not on my watch! H311 no!

Marines carry two motto's:

"Semper Fidelis" (Always Faithful in Latin)

and

"We started together. We'll finish together." (normally heard in sing-song or cadence).

A faithful friend starts sober with you and finishes sober with you... end of story!



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+1 to what they ^^^^ said
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How would you feel if, while on his way home, he killed or maimed one of your own family members? Be honest.

The previous "suspended" sentances are basically treated as a parole violation. Any violation, and all of the previously suspended sentances become active. Now he will be tried in court for his 3rd DUI. This is a completely separate charge, but when it comes time for sentancing, the previous convictions act as multipliers in the eyes of the court.

If the court would have sent him to jail in 2004 after his 2nd DUI, and Driving w/o a license, then "maybe" there wouldn't have been a 3rd DUI.
 
December 2005.  He is at my house and we were drinking a bit.  At 11:00 I tell him to ease up as I was heading to bed shortly.  Midnight, still drinking.  1am, still drinking.  2am, time to go, as Kim wouldn’t want to find him drunk on the couch in the morning.  

2:15AM I get a call “Hey man, I got pulled and need you to pick up my scooter.â€￾  Well damm. So I go and help a brother out.  DWI #3
Sounds like you're as guilty as he is of drinking and driving.

And, knowing that he already had previous convictions, you let him do it again?

No sympathy here for either of you, sorry.
 
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