More reasons not to drink and drive.

[donsrods]

A while back I posted about a lady friend who got pulled over one night after having a couple of glasses of wine at a restaurant and the things she was going through. Her ordeal is almost over, she gets off of probation May 9th, and I can get my life back because I won't have to be driving her all over for groceries, court appearances, Dr. visits, etc. I don't mind, as she has been a good friend for years, but it sure is a pain for all concerned.

But her story pales in comparison to a friend of my two Sons. This guy has never been in trouble, is married, had a good job, and hardly ever went out partying. Just a typical guy next door. One night last year he took his wife out to celebrate something or other and they had a couple of drinks. He has a back injury and has been taking pain pills for as long as we knew him. Anyway, they left the restaurant, he passed out, and his pickup ran into a little square where people were standing around. His truck hit one lady and broke both of her legs.

Long story short, he was charged with DUI with injuries, and was facing 5 years in prison.........not county jail, the big house. He finally was advised by his Attorney to take a plea agreement, and this past Monday was his final court appearance. He plead, and was immediately sentenced to 2 1/2 years in prison, and taken away to begin serving his time. His Attorney says he will have to serve 85% of that time if all goes well.

My two Sons and I went to his home Monday night and collected all of his tools and rented a storage building for them so that he will have them when he gets out. He is a mechanic by profession and if he lost them he would not be able to get a job when he gets out. He is also losing his home because his wife won't be able to pay that much per month on her own, and she has had to move back into her parents place in Orlando. Even the four family cats have been given away to other friends because she couldn't take them into her parents place.

I know he screwed up, and I really feel for the lady he hit.......don't get me wrong. Just saying that in an instant your entire life you had worked for so long to attain can go down the tubes. It wasn't like he took a gun and robbed a gas station, so I can't understand how he got such a stiff sentence. He had never been in any trouble prior to this, that we know of, and he is the kind of guy who would have told my Sons the truth about how many drinks he had.

It's getting serious out there guys, be very careful.


Don

Oh, I forgot to mention, my Son talked to the guys wife last night and she spoke with her husband since he was incarcerated. He says it is horrible in there, they took his socks away because you can only have white socks, so he is freezing. He also said some of the other inmates are starting to give him problems and he feels pretty threatened. He is not a small guy, and for him to say something like that makes us really worry about him. So sad.

 

[BigIrish]

Good god!! I think you would get less time for actually robbing a 711 with a gun. That is incredibly harsh. What happened to the "3 strikes" rule? This sounds like what would happen to a multiple repeat offender.

 

[donsrods]

That was our thinking too, the punishment didn't fit the crime. I saw a TV show one night where two guys held up a convenience store with guns, one got two years the other got probation! I think this guys biggest problem was that he didn't have the money for a really good lawyer, just a public defender. He consulted with an Attorney and they wanted $ 20,000.00 just to start, and like most of us he lives paycheck to paycheck.

We felt helpless, my Ex Wife did offer to help with some of the Attorney fees because this kid was always at our house when he was younger and has been a good friend to my Sons. But the $ 20K was just out of reach.

Justice for all, huh?

Don

 

[Sam_Fear]

Good god!! I think you would get less time for actually robbing a 711 with a gun. That is incredibly harsh. What happened to the "3 strikes" rule? This sounds like what would happen to a multiple repeat offender.

If you shoot some ladies knee caps out while robbing a 7-11, I'd guess you'd get more time. He was a 1/2 second from taking someones life. 5 yrs from the start does seem kinda crazy though...

 

[EnglishBob]

I wonder how harsh you'd think the sentence was if it was your child he ran over?

 

[Sniper]

I wonder how harsh you'd think the sentence was if it was your child he ran over?

But that's not the case, he was sentenced for the injuries to an adult. Hardly fair inserting a heart tugging victim into the equation to make your point. The injuries sustained by the women may, and likely will, last her for the rest of her life. While 85% of 2 1/2 years is 25 and a 1/2 months, it's the civil suit that will likely take place that will really be the punishment for the rest his life time. Generally if your found guilty of a DUI, your insurance isn't valid. Compound all this with the guilt felt for injuring the victim, what you have done to your wife and family and their future, not to mention what he's done to himself and his future. And I can bet there will be even more piled on down the road. He'll need to one strong man to shoulder all that.

 

[donsrods]

I wonder how harsh you'd think the sentence was if it was your child he ran over?

You can say all the what if's, but that is not what happened at all. Like I said, I am not forgiving that he screwed up, big time, but people who intentially commit violent acts get less or the same time.

I think it was Jesus who said something to the effect of "let those among you who are without sin cast the first stone." My point was that this could happen to any one of us who has gone out to a club or restaurant and made the mistake of driving home. I'm honest enough to admit I have done it, and I'd bet good money not many others haven't done the same thing.

As far as the consequences, yep, the jail time is only the beginning. He is now a convicted felon. That will affect future job offers, rights to own a gun or vote, and even keep him from being able to rent a place to live. Plus, I bet he will come out of jail a different person than he went in, and not for the better. Every day will be a matter of just surviving among people who act and think like animals.

Don

 

[CR55]

Real shame for all those involved! Jail time to me seems a little extreme considering he had no previous record....CR

 

[EnglishBob]

But that's not the case, he was sentenced for the injuries to an adult. Hardly fair inserting a heart tugging victim into the equation to make your point. The injuries sustained by the women may, and likely will, last her for the rest of her life. While 85% of 2 1/2 years is 25 and a 1/2 months, it's the civil suit that will likely take place that will really be the punishment for the rest his life time. Generally if your found guilty of a DUI, your insurance isn't valid. Compound all this with the guilt felt for injuring the victim, what you have done to your wife and family and their future, not to mention what he's done to himself and his future. And I can bet there will be even more piled on down the road. He'll need to one strong man to shoulder all that.

You don't think the actual victim is heart tugging enough?
My question was I thought quite a simple one,it's easy to sympathize with the driver but I'd bet it would be different if you knew the victim.
I have no sympathy for drunk drivers(my Dad included).
I lost a great friend many years ago when he was literally driven over by a drunk driver and dragged 150 yards under a truck.
A loaded driver is as if not more dangerous than a loaded gun.

 

[ronnysplymouth]

He did intentionally commit a violent act......drinking on pain meds and then driving ......is running a woman over and breaking her legs not violent enough for you? I'm 100% with English Bob on this one but not trying to offend anyone either.

 

[Sniper]

You don't think the actual victim is heart tugging enough?

Actually, I do. Your the one that inserted a "child" and all the feelings the image garners. So maybe your the one that feels that it's not "heart tugging" enough.

I agree with you the woman is the real victim, but the point being made was the feeling that the punishment was more than what was necessary. And that opinion will be all over the map, depending how close you are to the victim or the the driver. No matter how you look at it, it will remain a no win situation.

 

[liljgoneman]

its not about safety anymore where the law is concerned. if it were, they'd setup breathalyzers in the bar parking lot and offer rides to those who fail... but that would cut into their profit margins.
dont even get me started on the "therapists" who make a living victimizing those in our judicial system. they'll be the FIRST to tell you their classes are no good unless you want to be there yet they continue the hypocrisy of billing you for what is effectively useless. I'm not excusing anybodys mistake but what ever happened to time served, fines payed and get on with life.... sorry to say but your mechanic buddy ain't NEVER gettin outta the system. one way or another, he'll be payin for this for the rest of his life.

 

[anvil]

This is part of why I do not drink! He screwed up the jail time sounds ok to me, sorry he lost his house but she got hurt and that will last a life time. But jail should not be a threat to ANY one, why do they have cages and guns!

 

[donsrods]

I didn't want to start a peeing contest over whether a drunk driver should have us feeling bad for him or not. The only two points I was trying to make are that 1) We have to be exceptionally careful in what we do because our lives can be turned completely upside down in a heartbeat........that includes ANY of us. And 2) putting a man who did not pick up a gun and rob a gas station behind bars for over two years, with hardened criminals, serves what purpose? I could see 6 months, maybe, but people who have records and continue to break the law intentionally get less sometimes.

There are no winners in this mess. It is so easy to sit and judge someone, but you or I could very easily find ourselves in the same situation over some momentary lapse in judgement.

Don

 

[VonHyde]

that sucks man, my mom ex husband was coming home from a party got rear ended by a drunk driver causing him to go over the median hit a car head on killed that guy, he got 10years got off in 7 though, sucks but should you be drinking and driving??? get a cab have a dd.

 

[rev_to_red]

heres my reason not to drink and drive. i was leaving work around 1am and got hit head on by a drunk driver around first of december. speed limit was 40mph on a two lane road and his speed was unknown due to him not hitting the brakes at all. he was completely in my lane and i couldnt merge over anymore due to a guardrail.. this makes the guys 2nd dui and this one involves vehicular assault and driving without insurance. i had this car for 28 days and just made my first car payment.. the wreck broke my femur, crushed ankle, broke/fractured 3 ribs, and minor tear in lung. heres before/after pics of car

 

[King Herald]

I'm pretty damn sure his doc told him NOT to take any alcohol with those pain killers, and seeing as he has been 'taking them forever' he was well aware of that.

And I'm also pretty damn sure he knew he was drinking too much to be legal.

So, over the limit with alcohol, plus his pain meds on top.....

He was so loaded he passed out at the wheel, for heavens sake, whatever his excuse. Don't let him fool you that he 'had a couple of drinks'.

When you take a car on the road and you are half cut, you're driving a hell of a big murder weapon. Attack someone with a car and you're talking serious injury, whether you do it intentionally or otherwise.

But he still doesn't deserve 2 1/2 years at the big house.

 

[bob w]

Don, your points are well made and well taken.

 

[EnglishBob]

I can see how 2 1/2 years can be seen as a long time for the crime but that's an argument that will never end because 99% of the people involved with lawmaking and sentencing have their heads firmly planted up their asses and wouldn't know real life if it bit them.
I read everyday how murderers,child rapist etc get away with it and shake my head but at the end of the day that's one thing I can't change but I'll never feel sympathy for someone who drinks and drives and gets caught...period

 

[dyce51]

WOW....that really sucks. What I don't get is some people screw up and they get the book thrown at the,.....(don't get me wrong his friend messed up and hurt someone he deserves punishment) Other people screw up time and time again and get slapped on the wrist each time....My former boss had 12 DUI's....and he got 10 days jail and 2 years probation got his CDL back because being a Owner/Operator his CDL was his job......Not exactly fair...