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Drinking and Driving... Are the Penalties Strict Enough?

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Any refusal is an automatic guilty.

 

Those with nothing to hide, hide nothing.

 

So if I know for a fact I haven't had a sip of alcohol, I get stopped and they ask to give me a FST, and I refuse, I'm automatically guilty?

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So if I know for a fact I haven't had a sip of alcohol, I get stopped and they ask to give me a FST, and I refuse, I'm automatically guilty?

You will not be found guilty of a dui. But the penalty is greater for refusing the test. DL taken without hardship offered for a time peiord.

Police: Cold beer found in cup holder of truck that killed cyclist | Bluegrass Moms | Kentucky.com

 

by an illegal immigrant, no SS#, no license, and drove with him in back of truck until cops pulled him over in trailor park.

Smoking marijuana and drinking a six pack then drives 3 miles with a hole in his windshield and a man dying man in the bed of his truck...this is a shame. Similar story everyday somewhere, drunk is oblivious as to what he did.

Coming back from camping this weekend at East Fork, state police had a guy pulled over giving the sobriety test with a kid in a car seat in the backseat. It was 10:15 in the morning. That either is a late night or he is a go getter in the morning.

Sorry plantmanky, but I'm just not buying your buddy's story. Something not right there.

 

I would also say that for every one person who is wrongly convicted of DUI...and I doubt that happens very often...there are literally THOUSANDS who get off that actually WERE drunk, impaired, etc. And speaking of buddies, I had a buddy who bragged to me about getting out of several DUI's, said he knowingly was drunk/high and was able to beat them. Cost him some good money to do it (and he wasn't rich by any means) but evidently had a lawyer very renowned for getting people out of DUI's, and he was able to get him out of multiple citations.

As stated above almost no one gets caught driving under the influence the first time. Those that are caught in most every case have done so many many times before. It is actually almost a freak occurrence when someone is caught. If you look at an average city or county in Kentucky and how many officers are on duty at any given time there is a much higher probability that a drunk driver will not get caught.

 

Drunk Drivers are normally only caught in one of these ways...

1) Citizen calls in to 911 that they see a driver driving recklessly (then an officer has to be able to find them)

2) An officer witnesses a car driving in a way that would warrant stopping them for a possible DUI

3) They are caught at a Safety checkpoint

4) They are found to be drunk after having an accident

 

Option 4 is probably the #1 way DUIs are found

Option 2 is honestly just pure luck of being in the right place at the right time, when not answering other calls.

Option 3 catches more than you would actually think that it would (please no debate on this...they are legal get over it)Option 1 does identify several, but in many cases just lead officers on wild goose chases

 

Just because they are legal, does not mean that they don't impinge on the freedom of everyday citizens who are not breaking the law....Safety Checkpoints allow for enforcement of laws that by definition already have a media for discovery

Just because they are legal, does not mean that they don't impinge on the freedom of everyday citizens who are not breaking the law....Safety Checkpoints allow for enforcement of laws that by definition already have a media for discovery

 

Understand the lens I'm about to post this through as a non-drinker, but I LOVE checkpoints. If I am out driving at 10:00 PM, which is rare (typically after a sporting event of some kind, be it high school, college, or pro), I'm thrilled to death to stop and chat for a minute or two in hopes they'll nab 100 drunks who decided driving around under the influence was a good idea. I'm not a prude, believe me, but drunk driving bugs me to the core and if I have to stop and prove I'm not impaired to allow them to catch many that are, I'm happy to do it.

....

 

I had a cop pull out of the chili parlor (Gold Star I think) next to Longneck's one night about midnight (out with a friend after a Xavier game) and follow me and then nearly immediately flip on his lights. I asked if I had done anything wrong, he said, "no", but a lot of folks have been leaving there under the influence lately so they were being really careful looking to prevent incidents. He apologized for stopping me, but I would have none of it and told him I appreciated them trying to prevent problems. I'm sure most would have been furious at being pulled over for just being a dude walking out of a bar, but I didn't care at all. Was very nice, just trying to protect those others on the road, and didn't mind the 10 minute delay in the least. I'm sure I'm in the minority on this.

Sorry plantmanky, but I'm just not buying your buddy's story. Something not right there.

 

I would also say that for every one person who is wrongly convicted of DUI...and I doubt that happens very often...there are literally THOUSANDS who get off that actually WERE drunk, impaired, etc. And speaking of buddies, I had a buddy who bragged to me about getting out of several DUI's, said he knowingly was drunk/high and was able to beat them. Cost him some good money to do it (and he wasn't rich by any means) but evidently had a lawyer very renowned for getting people out of DUI's, and he was able to get him out of multiple citations.

 

That whole "gotta break a few eggs to make an omelette" logic is why our country's capital punishment system is broken. Given how life-ruining getting a DUI can be, I'm not fine with that approach.

That whole "gotta break a few eggs to make an omelette" logic is why our country's capital punishment system is broken. Given how life-ruining getting a DUI can be, I'm not fine with that approach.

 

Are you fine with a drunk driver ruining the lives of those he may impact?

 

You can't have it both ways.

Are you fine with a drunk driver ruining the lives of those he may impact?

 

You can't have it both ways.

 

I am quite cognizant of that impact. I have had friends die at the hands of DUI drivers, and had friends die who were driving drunk, and I miss them all terribly.

 

I also value my freedom as an American citizen greatly. It is always a struggle when emotion comes into the equation for everybody, and I'm no different, but the American principle of freedom tips that scale for me.

I am quite cognizant of that impact. I have had friends die at the hands of DUI drivers, and had friends die who were driving drunk, and I miss them all terribly.

 

I also value my freedom as an American citizen greatly. It is always a struggle when emotion comes into the equation for everybody, and I'm no different, but the American principle of freedom tips that scale for me.

 

Sorry for your losses. I truly am.

 

I also have the freedom not to be injured or killed by someone doing something they know will have negative consequences.

....

 

I had a cop pull out of the chili parlor (Gold Star I think) next to Longneck's one night about midnight (out with a friend after a Xavier game) and follow me and then nearly immediately flip on his lights. I asked if I had done anything wrong, he said, "no", but a lot of folks have been leaving there under the influence lately so they were being really careful looking to prevent incidents. He apologized for stopping me, but I would have none of it and told him I appreciated them trying to prevent problems. I'm sure most would have been furious at being pulled over for just being a dude walking out of a bar, but I didn't care at all. Was very nice, just trying to protect those others on the road, and didn't mind the 10 minute delay in the least. I'm sure I'm in the minority on this.

 

Sounds illegal.

Sorry for your losses. I truly am.

 

I also have the freedom not to be injured or killed by someone doing something they know will have negative consequences.

 

Infringing on constitutional rights is never a good idea regardless of the positive justification. Freedom trumps all.

Infringing on constitutional rights is never a good idea regardless of the positive justification. Freedom trumps all.

 

So, a drunk driver may infringe upon my rights and freedoms?

 

A persons freedom ends when it infringes upon the freedom of another. That's what laws have been established for and vetted by the courts.

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