BS Laws

[JoeDren]

What is the name of your state?Texas
The DWI legislation in Texas (and the rest of the country for that matter) is an enormous load of crap. The idea that a person can be subjected to such stiff penalties for something that (almost) eveyone does or has done at one point in time. Now here is where I hear, "Joe you insensitive/stupid/ignorant/whatever drunk, thousands of people get injured or killed by drunk drivers every year!" Yah, well even more people are victims of other irresponsible behaviors, and noone gets locked up over these "accidents". There are many more highway fatalities resulting from inattentive driving (i.e. using cell phone while driving) than from drunk drivers. Why are the irresponsible drivers not being burned at the stake along with the drinkers? Why is it that there is no group of pissed of people that rally against cell phones while driving? There is a nasty stigma against alcohol in this country and it is making it almost impossible to drink without getting into trouble. It seems that if you are anywhere near a vehicle with any amount of alcohol in your system, everyone wants to pound you for DWI. When it comes down to it, DWI is simply a cash cow for the government and for groups like MADD. By the way MADD encourages cell phone use while driving(to report drunk drivers), even though driving while on the cell has been shown to impair driving ability to the tune of a .10 BAC. Anyone here that has been involved with a DWI should check out the website below.

www.getmadd.com

 

[JOHN BUCKNER]

Well You have for sure driven your point home. While I would certainly agree with you that cell phone usage while driving a motor vehicle is a problem that I see on a daily basis, I do believe you are talking apples and oranges though.

I do and have cited people for the careless use of cell phones while driving a motor vehicle and, as I said agree with you on the dangers of using a phone while driving. This of course due to the inability to drive and keep your attention span on the road and other drivers, in addition keeping yourself safe be abiding by the laws Governed by the State. It is just not possible to do this while gabbing on a phone.

Now having said that, we run into the other side of the coin so to speak.I will say what I have to say but given the sound of your bitterness, I do not know that it will be understood by you.

A person under the influence of alcohilic beverages or drugs or anything else that they may have ingested impaires the ability to drive a Motor vehicle. In other words they are not able to make the proper judgement or they may not be able for example to judge distance, I can only surmize that you would agree that this is not the same per say as talking on a cell phone. It is all about motor skills and the ability to use the same. Drugs and alcohol effect the brain and it's function, this leads to very bad judgement casuing at times accident and death.

Yes the same could and does occure by the use of cell phones...only in a different way.The same could be said about truckers or anyone else who makes the choice to use the C.B. radio while driving.

The impairment of your brain and the choice we have to do things are seperate issues. Both can and are deadly.

 

[JoeDren]

I understand your reasoning here and must agree that there are sometimes differences between DWI and other irresponsible driving behaviors, namely the fact that DWI involves the impairment of motor skills and what not. However, by this reasoning drowsy/fatigued driving would fall under the same category as DWI, yet we do not see people being locked up for causing an accident when they were too fatigued to drive. I guess my main question is why is there some extra element of malice associated with alcohol related irresponsible driving behaviors? By what reasoning is someone more wrong (in the eyes of the law) for hurting someone by DWI than DWTired? Also, you say that you ticket people for irresponsible cell use while driving, but were those people subject to ALR? How about upwards of 5 grand in fines? Probation? Jail? While this person was acting in an irresponsible manner much like DWI, they are not subject to the same fines. Finally, I would like to note that harsh DWI penalties have proven to be an ineffective deterrent of DWI, and instead act as a tool of vengance for angry people. If the current DWI laws ended or even made a reasonable dent in the number of people who die on the highways, I would have a lot less to complain about. Subjecting good people to such consequences, especially in cases where no physical harm is brought about is illogical and unfair.

 

[LawGirl10]

To answer your first question about why: because we (through our legislaters) said so. If you don't like it, change the laws.

For an answer to your general question: don't even go there, at least not with me. I have been hit twice by drunk drivers. I have not ONCE been hit by a cell phone toting driver. I have seen a pedestrian mowed down by a drunk driver. I have not once seen a pedestrian mowed down by a cell phone toting driver. I have worked more accidents and deaths from the actions of drunk drivers than I can even count anymore. I have not once worked an accident/death caused by a cell phone driver. I have lost friends because of drunk drivers. I have not once lost a friend due to a cell phone toting driver. You have no right to down beers, get behind the wheel and take my life into your hands.

Sure, there are other causes of crashes, I could spend all day listing them. One of the biggest factors is stupidity. But the last time I checked, we haven't legislated against that (although our population on the streets would be cut in half if we could legislate against that and, I would be a much happier person on a daily basis, but that is a lost cause).

I may not like the fact that some dumb-ass starts talking on their cell phone and causes an accident. Once society gets sick of it enough, as they did with drunk drivers, they will enact laws against it. That has no impact on the fact that drunk driving is currently illegal because we said it is. Don't even begin to compare the two to me.

 

[JoeDren]

Well Lawgirl, the fact is that what you have seen and what commonly happens are two different things. The numbers will show that inattentive driving causes more highway fatalities than DWI and there is no way around it. The reason why DWI and inattentiveness/irresponsibility probably seem so different to you is that intoxication is quantifiable while inattention/irresponsibility is not. I hold that the current crusade against DWI is founded upon a stigma against alcohol and neoprohibitionist feelings in the U.S. You loosing a friend to DWI is no more tragic than anyone else loosing a friend to, lets say drowsy driving. Both behaviors are irresponsible and should be punished, but one is not any worse than the other. As for what you said about changing the laws...well, i'd love nothing more than to do just that and plan to give it the ol' college try. Of course, this won't matter because MADD and the media hype up all the "horrors" of drunk driving that the masses will probably always be blind to the truth.

To answer your first question about why: because we (through our legislaters) said so.
"We" didn't say so through our legislators, MADD did (and in quite a hostile way to boot).

 

[bridge66]

the best yet

the best is the state supplies the liquour license to restaurants and pubs there tellin the public its alright who controls the courts and dmv the state
daaaaa the penalties for people who do a .010 and someone who causes and accident or injuries is just as liable and gets the same penalties and fines depending on 1st offense im 53 not even so much as a ticket for parking in 23 years stopped off for a couple of drinks one night was pulled over for light out now after thusands of dollars in layers and other fees 3 mos suspended
license all for a .010 the state and dmv made out like bandits the crime does not fit the time there is no public transportation in vermont where i live and im 53 miles from work the state knows this a very rural area how do they expect you to get to work ive been there 35 years so you know what i have to do is break the law once again or beg borrow a ride yet there are rapers child molesters that just get probation no wonder why the guy is pissed they are to stringent with the law unless your blowing way over thats enough for now

 

[CdwJava]

Uh oh ... not one of these guys again.

If you don't like the laws, change them. As for me, I don't believe they go far enough.

And the last time I checked, MADD has no legal authority to pass laws - our legislatures did. They have a right to advocate for changes in the law the same as you do. So have fun.

... and I can't WAIT to see a politican run on a platform of getting easier on DUI driving! That would be a hoot!

- Carl

 

[LawGirl10]

Uh oh ... not one of these guys again.

If you don't like the laws, change them. As for me, I don't believe they go far enough.

And the last time I checked, MADD has no legal authority to pass laws - our legislatures did. They have a right to advocate for changes in the law the same as you do. So have fun.

... and I can't WAIT to see a politican run on a platform of getting easier on DUI driving! That would be a hoot!

- Carl

Yes, sadly, one of those types of guys again. You can about time it anymore.
Hey, I have an idea. Let's just chuck all of the laws because (**whiney voice**) "it just isn't fair" to some particular segment of the society. Give me a break.

 

[CdwJava]

Hey, I have an idea. Let's just chuck all of the laws because (**whiney voice**) "it just isn't fair" to some particular segment of the society. Give me a break.

More to the point, it's not fair to some DANGEROUS segment of society!

- Carl

 

[stephenk]

remember, once the cell phone call is over the driver is not distracted anymore. once the drunk gets behind the wheel, they are drunk the entire ride.

 

[LawGirl10]

Good God, have you even looked at the website the OP posted in his first post? I have never seen so much inaccurate information in such a small space. Noting like preying on the stupid and gullible.

 

[CdwJava]

Good God, have you even looked at the website the OP posted in his first post? I have never seen so much inaccurate information in such a small space. Noting like preying on the stupid and gullible.

There's always a few of these people for every law that exists.

Oh well.

- Carl

 

[sato51]

Well, I think everyone is missing the point, and that is doing break the law! I used to drive drunk all the time almost 5 nights a week for over 10 years. I am only 31 years old. I had a great job, I am a very respectable person, I have a kid, but I never thought about it. I would go out as a single parent, which buy the way my kid lives in another country, and party get buzzed drunk whatever you want to call it, but not totally drunk you know and drive home. I got pulled over plenty of time and was given a field test and past being drunk most of the time. I got good at it, finally got pulled over by Highway Patrol and this time they carry those little breath test. Oh, he got me good with a 0.14 BAC and I felt fine. I thought for a fact he was wrong, but no dice. I paid my fine etc... and you know I'm glad I got it because it made me realize that it was just a matter of time and I would have killed somebody, and nobody wants to do that. I think of myself as saved by the laws because it was 2 years ago, but I would never in a million years get into the drivers seat drunk!! In fact I don't even drink anymore. I live a different life now, but the one thing that gets me is that I paid a huge fine $1,500.00, a lawyer $650.00, DUI offender program $371.00, AA meetings free, 1 hr MADD class cost is a couple of tears, DMV suspension and a $125.00 fine to get my license back, had to retake the drivers test in Cali, not to mention my insurance going up $60.00 more a month for god know how many years, and filing a SR-22 with your insurance company which is more money we all know etc.... Now, after doing all of that for your first offence, oh yea I didn’t' t mention the jail time , and public service that goes along with your fine, Now after all that and 2 years later I still cannot get a job! That is right I am a trades man and that is how I bring the bacon home to my new family, but I can't and we are poor as hell. I am a bright, capable person, with military background, good upbringing, I made a mistake I realized it corrected the problem I had and moved on, but it is still haunting me to this day. Sorry MR. you can't work here your MVR is not clean...Sorry,...Sorry... I just don't get it the punishment does not fit the crime, most of it did, but following me to work is just not fair!! If you pay all of your fines you know then it should be wiped off of your record that can be seen by employers for your first offence. If you keep on getting DUI's then yea maybe, but I moved to a new state and can't find a job to save my life. There are problems with our legal system!!! I know I work a desk job but why should a person that has a desk job not be affected, I was I got fired when I got my DUI because I drive for a living notice the word living you know food rent etc... but it won't hurt Joe Shmo with his desk job!! It's not like I am going to go out while at work which is very high speed and drink then get back into my work truck and work drunk that is completely f-ing stupid. Well, I guess that is the law and what can you do??? I am saving this letter and will forward it to my congress man! Maybe they can do something I hope! What do you guys think???

 

[JOHN BUCKNER]

No.....I do not think people are missing the point...Get behind the wheel and put mine and others family into harms way and you should pay the price. I don't give a **** if it is what you beleive it is to harsh. Anyone that believes that driving impaired is alright is a total idiot...so keep on whinning, and putting us in the dreadful danger of impaired and imature drivers with little I.Q. Because that is my opinion and, I for one am tired of these people that whine when they finally get caught. These laws are not even close to what they should be in my opinion. So...Get caught and Lord willing don't kill someone first then get legal counsel and get your day in court.

 

[stealth2]

Actually, to address OP's point about driving while chatting on the cell phone and driving while tired. In my state, it is actually illegal to use a cell w/o a hands-free setup - you can and will get pulled over if you've got the cell in your hand whiel driving. It is also a chargeable offense if you cause an accident while driving fatigued.