DWI Laws are Draconian

WOW, BT. I had no idea. I was under the impression that only those who "served" alcohol were liable. I never thought about the "letting others violate the law" side of things. Good food for thought. I just wonder how broadly that could be applied and under what circumstances.

I could (but won't) mention many examples where I have witnessed someone "breaking the law" and didn't report it to the proper authorities. Is that Bad? I have never lived in a glass house, so I'm not sure exactly how to respond.

BT-Keep in mind I wouldn't feel the need to defend myself if I didn't respect you and your comentary over the years. I know drunk driving is drunk driving, but I want to make something crystal clear.

My friend did not "GET INTO" anything leaving my house. He climbed "onto" a moped. He weigh's, I imagine, about 140#. So on a moped traveling at 25mph, we aren't talking about a lot of kinetic energy. And at 2:00AM he is not likely to run over any "slow children playing" on BFE country roads.

If he was driving an 18-wheeler it would have been more of a moral dilema. He wasn't. He was driving a freaking moped that wasn't going to "kill a family of four", himself maybe, but that would be the extent of it. His death would sadden me but it would be "Darwin's Way" which I would eventually be OK with.

Chris
Chris
Well, seeing someone running a redlight or stop sign (when nobody is hit/hurt and no accident) or something similar to that isn't going to get you an Allowing to Violate or similar conspiracy type charge. You are more likely to be charged in the event that it's DUI, Vehicular/Voluntary Manslaughter... any of the more serious violations. So, I wouldn't say it's "bad" that you don't report every law violation you see. Other than in the case of DUI's you probably won't be charged with it unless someone suffers a loss, be it injury in an accident, property damage, etc... from the person you "allowed" to violate the law.

As for how broadly it can be applied, we have gotten convictions on people who let others leave to go home after consuming alcoholic beverages at the second party's house just as in your case. Also, I've read about successful lawsuits against homeowners who had gatherings and allowed people to leave after drinking. As with anything else it's decided on a case by case basis considering all the facts, but that's a huge risk to take.

And while I take operating ANY motor vehicle under the influence very seriously, for some reason I laughed out loud at the thought of your friend hopping onto a frickin' moped drunk!
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I see your point as far as physical risk vs. intervention there I guess, but that still leaves the legal risks you may have taken if NC has the Allowing to Violate / Failure to Report Crime laws, which you hadn't considered at the time. I can now see your reasoning here.
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Sorry only read your initial post, BUT are the laws harsh YES, is he a Criminal Sorry But yes.

How many lives has he put in danger, not his that his problem, but if he's to damaged to see the hazard he represents then he needs to be locked up.

My .02 anyhoo, suspending the license made no difference...
 
My friend did not "GET INTO" anything leaving my house.  He climbed "onto" a moped.  He weigh's, I imagine, about 140#.  So on a moped traveling at 25mph, we aren't talking about a lot of kinetic energy.  And at 2:00AM he is not likely to run over any "slow children playing" on BFE country roads.  
I am sorry that all of this has happened to you and your friend.                                                                        Even on a moped at 2AM on BFE back roads...what if another driver has to avoid hitting him and killls himself or his family...whos at fault...the drunk on a moped may not even know that a accident has occurd.
 
You'd think differently if your buddy killed Kim with his vehicle on the way home.Drunk driving takes its toll on the inocent.He didn't get the message.In a small town if you get one DWI,your marked.Every time LEO runs your plate, your stopped.Even when your not drinking.Tell him to behave he will get out early.In your friends case s##t didn't happen.



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I have zero tolerance for anyone that drinks and drives, shows me they have no consideration for others. Luckily the leo got to him before he killed someone. You should have been a real friend and not let him drive home. Thats what a real friend would have done.
 
The lucky bastage he lived but he could have taken one of us out he was lucky to have left in the meat wagon.

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

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.  
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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.  
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Am I way off base, or is something just not right here.  
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P.S.  I wonder how much time the captain of the Exxon Valdez received.
I don't chime in on this board very often, but I'll make an exception now...

On Mothers' day, 2003, my Dad was hit by a drunk driver that nearly ended his life and did end his truck driving career. Because of severe and inoperable injuries to his back and neck, he is probably retired for the rest of his life. Thankfully, he is able to get treatment through the VA. The insurance settlement he received was a sham - by time all the doctors' bills are paid and the attorney takes his share, he'll be lucky to clear a year's pay from driving. Why? Because in OK, if the drunk driver pleads guilty to the ticket, it can't be admitted or considered in a civil case.

The drunk driver got off with a suspended sentence for his SECOND drunk driving offense and my Dad got shafted.

I don't really care if your friend was on a moped, a motorcycle, in a car, or walking on his hands - he should have been in jail the first time. That's where he belongs. If you're out drunk driving with him, then that's where you belong too.

There are innocent people out there being killed, maimed, and having their livelihoods taken away by people who can't fire the two synapses it takes to know that driving drunk is a bad idea and you want people to feel sorry for your friend? I don't think so.

You want us to think you're innocent because you told him to stop drinking? No. You were more concerned about your wife/gf finding him drunk on the couch. Someone asked how you'd feel about that if you found him dead on the road the next day, and I agree with the question. But more importantly, if you knew that he was going to go out and be a danger, then how can you clear your conscience of not doing more to stop him?

Ironically, my Dad used to be a drinker when I was in high school. I watched him crash a couple cars because he was drunk. I pulled him out of a burning wreck once. Then one day someone told me that if I knew he was drunk, it was my responsibility to stop him. I realized immediately they were right - I was the only one who could if he wouldn't. Then one day he wanted to take an airplane up in that condition. I told him if he tried, I'd get the cops out there to arrest him and get the FAA to pull his ticket. We had a few more encounters like this, but he finally got the message.

My point? You could have prevented him from going out without resorting to physical violence or kidnapping. All you had to do was let your friend know that you loved him enough that you'd have him thrown in jail rather than let him endanger himself and others.

As for rapists, drug dealers, child molesters, and the like - they deserve a single bullet in the brain. However, their crime does not justify either your friend's crime of drunk driving or your inaction in stopping your friend. Like I tell my kids: "it doesn't matter what anyone else does - you follow the rules - or else."

No sympathy from me - you're way off base. There may still be something not right if other crimes are under-punished, but you're still way off base.

Joe Hazelwood received six months suspended in favor of 1,000 hours of community service and a $52,000 fine. He was also terminated and I'd be surprised if he ever captained a ship again, since everyone who owns a ship knows his name. Click here for more details. Here's another much more detailed account and frankly, Joe Hazelwood's actions seem much LESS culpable than your friend's.

My suggestion (don't really do this): Show up at the court and address the court as a concerned citizen. Let them know the full details as you've described them here, and tell that judge that his sentence is too harsh!

So to end on a positive note - I am sincerely happy that your friend did not kill himself or anyone else (yes, a moped can be a lethal weapon).
 
If anything this account is one of the few times the law has worked. Real consequences for the actions he took. That's the big problem today with the system. Too many offenders know that they won't have to pay the price for their choices. Chris I don't think you could have done much for your friend. I think he proved that destiny is real. He was headed to jail long before this happened. It was in his nature.
 
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