Things that make ME go.....huh?
Anything and everything that makes me wonder what the heck??
About Mom2CandC


Gender:
female
Member Since:
June 26, 2007
Last Signed In:
July 06, 2008
Profile Views:
329
Blog Views:
615
View Profile
Send a Message
Send To A Friend
Sign Guestbook
Add as a Friend

Previous Posts
More stupidity from the "alleged drunk driver"....
Vincent Brother's attorneys....and defense attorneys in general!
Two beers....yeah right!
How many times do you have to be picked up for a DUI before you are tossed away forever? More than 2 apparently...
Why isn't the government more concerned about things that really matter??
Why is Britney Spears so special?
Margaret Kern statement in court....WOW!
Archives
September 07
October 07
November 07
December 07
January 08
February 08
March 08
April 08
May 08
June 08
July 08
August 08
September 08
October 08
Subscribe!
RSS 2.0 feed RSS 2.0
Add to My Yahoo
Add to My Google
Add to Bloglines
Add to My AOL

Share!


Mom2CandC - > Things that make ME go.....huh? -> More stupidity from the "alleged drunk driver"....
More stupidity from the "alleged drunk driver"....

If you have read any of my other blogs, then you have probably read that in May of 2007 we were hit by a guy on a Sunday afternoon (near 12 noon) who was drunk and taking a sleep aid.  So, finally....he is convicted and sentenced for the DUI involving us.  BTW, while he was going through this process, he gets another DUI!  Okay, 2 is bad enough.  However, as he is awaiting sentencing for the FIRST DUI, he gets ANOTHER DUI!!!  This times, yes, he injures someone!  So, what I want to know is this - and to me it seems simple and straight forward.  Please, tell me why this guy is still out in the general population of you and me???  Why isn't he in a rehab., jail, and WHAT THE HECK IS HE DOING WITH ACCESS TO ANY MOTOR VEHICLE???!!!  He has lost his license, that happened with the DMV hearing.  What I don't understand is why isn't our legal system a little less tolerant of REPEAT OFFENDERS?  Especially this type?  3 DUI'S in less than one year - and now someone is seriously injured because this guy was not locked away or asked to go into rehab for alcohol and sleep aids...  

At first, I was angry.  Then, I decided to let it go and thought "I'm sure he'll learn his lesson after losing his license, going thorugh court, jail....blah, blah"  YEAH RIGHT!  I am not sure what to do with my frustration at this time....really, this guy didn't do much to me and my family, just cost us time, money and days of vacation burned through the court process.  BTW, I was never asked to testify, or asked if I wanted to speak in court.  Only my husband was subpoened and allowed to be grilled in court.  NEVER given his opportunity to speak as a Victim!  I guess we didn't have a right to expresss our feelings or what we have been through.  So, I have taken it as a learning experience to teach our sons that we treat others as we want to be treated, we don't drink alcohol and drive, and there are some people who will never learn. 

I guess what I am thinking now is what could be changed in the legislation, laws, etc. that would keep this guy from gaining access to another vehicle?  I realize he will find a way to drink; however, I am set on finding a way to keep repeat offenders from driving again....any suggestions?  The breathalyzer on the vehicle will only work if the guy has been court ordered to have it installed - again, remember this case where many people have been before - multiple DUI'S in less than a year!  I am genuinely trying to figure out what can be done to stop this from happening again.  Think of the issue with Mr. Hernandez and the Blair's.  If he had not had access to a vehicle - then, he could not have driven drunk and damaged so many lives at once!

Posted in these Groups:
Topics: DUI, Kern County, legislative changes
posted by Mom2CandC on Friday, March 7, 2008 at 06:19 PM
Report a Violation
Viewed 91 times
7 comments from 6 users

1

posted by catpaw on Mar 7, 2008 at 08:53 PM

 Apparently "catch and release" is alive and well in our local courts. Never mind that it is an insult to the victim, never mind a permissive court is allowing this guy to chalk up another victim, we have a court that has made it plain that protecting the public is not a consideration.

posted by catpaw on Mar 7, 2008 at 11:48 PM

 Yeah, I understand that. To a point. After the 2nd DUI while waiting for a ruling on the first DUI, it should be obvious to the court that the man has a problem and is a threat to the public safety. The court has an obligation to protect the public. If not putting the guy in jail, keep him restricted at home with an ankle monitor.

Let me guess. He'll plead for probation because he has a job and a family to support and he's not a violent criminal. Surely there is a mandatory jail sentence for this jerk.

posted by drilnliftcrude on Mar 8, 2008 at 06:09 AM

 As the law is now, the risk outweigh's the consequences for many people.  The penalties are obviously not strict enough to serve as a deterent.  On the other hand, there are, it seems, a growing number of people that think the prison population is already too large and drug use (and yes, alcohol is a drug) should be decriminalized.  So the problem will probably have to get worse before it gets better.  With the cost of gasoline increasing, more fuel efficient cars will be on the roads.  And these cars will be smaller, lighter, and less protective. 

posted by theColorNine on Mar 8, 2008 at 07:35 AM

 

All interesting points, driln.

 

posted by samheath on Mar 8, 2008 at 08:13 AM

 Long ago I came to the conclusion that the laws concerning drunk drivers and the insanely lenient sentences had everything to do with alcoholic politicians and judges.

posted by tchudilowsky on Mar 8, 2008 at 09:42 AM

 Here in Casper a couple of months ago a drunk driver was arrested and put in jail, later the same evening he was released and went right back to the same bar and drank more, left the bar and ran over a guy who was walking by. He drug this guy under his truck for over a mile!

 This pedestrian fought for his life and I believe is still in the hospital.

(heres the story)

http://www.casperstartribun...

 

posted by Mom2CandC on Mar 8, 2008 at 11:55 AM

I know most of the comments are true - and honestly, I am thankful that we have a system that provides us with a chance to plead our case!  Innocent until proven guilty is one thing - however, the problem I have is that this guy managed to drag it out for nearly 8 1/2 months before it even went to court!  Thanks to the lawyers that believed this guy (or maybe they thought they had a chance at gettting a ruling in their favor since the guy was taking a sleep aid that said in plain english - Don't drink alcohol with this medication, or consume while taking this prescription medication....DUH!) They managed to string it along and keep this guy out and about in our society just so that he can drink, drive and injure again!  I have said the same thing that MurphysLaw wrote - why the guy was still out and running around is beyond me.  Unfortunately, the second and third DUI'S were not brought up in our case because they were not convictions at that time.  They were in the early stages.  This guy obviously has a problem with medications and alcohol and I think he should be stuck in a lock down rehab!  What really got me was that the attorney for this person played up the "poor guy, can't sleep so he has to take medication".  They even pushed it to the point that they suggested that he was "sleep walking" while driving!!  Convenient excuse for not recalling drinking while driving at noon on a Sunday - oh, yes...the medication made me do it! 

What I don't understand is this....why DON'T we have some sort of monitoring system (like the ankle monitor) for repeat offenders that are awaiting trial, sentencing, etc.?  Obviously, after a blood test, the results were obvious.  There are no arguments against a blood alcohol test that is completed by the Crime Lab.  I am still thinking that we need to have a program for all DUI offenders that takes a tour of the county morgues and lets the offenders see what their carelessness does to others - when they are sober.  

The case in Casper, WY. is about as bad as you can imagine!  It's pathetic that this victim had to fight for his life while being drug under the SUV....just imagine what could have happened if the guy had gotten on the interstate??!!  I hope the driver gets the maximum penalty!! I guess we are at least a little bit better than this case - we at least hold the drunks for a time and force them to sober up!   

1

Leave a Comment
Ground Rules for posting comments:
  • No profanity or personal attacks.
  • Please comment on the subject of the post itself.
If you do not follow these rules we will remove your comment. Please keep it civil.

To protect users from spam, please enter the text from the image on the left.
   

Our readers recommend: