This is topic Getting off work and finding out your mom's car was hit by a drunk driver in forum Books, Films, Food and Culture at Hatrack River Forum.


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Posted by Derrell (Member # 6062) on :
 
I got off work last night a little after 11 and found out that my mom's car had been rear ended by a drunk driver at a stop light. Se was on the way home from taking me to work when it happened.

So far she seems to be ok. There's no soreness or stiffness. The car appears to be ok, too. The license plate appears to be the only thing that got damaged.

The idiot that hit her car was drunk and tried to flee the scene, but his hood kept popping up so he didn't get very far. He'll most likely be charged with aggrevated assault as well as dwi.

All this after she found out that she won't have a job to go back to when she gets off of medical leave. The company she works for lost a contract, so they're letting most of the workforce go.

On a positive note, my mom seems to be completely cancer free.

The accident could've been worse, but I'm still upset about the whole thing.
 

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Posted by tt&t (Member # 5600) on :
 
(((((Derrell)))))

I'm glad your mom is okay, Derrell. At least it wasn't worse. And that's totally awesome that she's cancer free.

But drunk drivers make me SO mad. Grrr.
 

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Posted by MaydayDesiax (Member # 5012) on :
 
((((Derrell and Mom))))

I'm so sorry to hear that she got hit, but I'm very glad she's not hurt and that she's not sick!

I'll be thinking of you from time to time, Derrell. Take care, dear.
 

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Posted by pooka (Member # 5003) on :
 
(((Derrell)))

Though in a sick way, the visual image of this guy trying to flee with his hood popping open made me laugh. It's sad that drunk driving is so prevalent that they don't dare give stiffer penalties.
 

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Posted by Derrell (Member # 6062) on :
 
(((tt&t)))
(((Mayday)))
(((pooka))) Yeah, the visual of him driving down the road with his hood up is kinda funny. I figure he'll get about 2 years.

Dagonee, and anyone else with legal knowledge, I have a question. If he's charged with leaving the scene of an accident, dwi, and aggravated assault, what will the sentence most likely be? What are the odds that he'll be charged with aggravated assault?

I hope they throw the book at this bozo.
 

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Posted by ElJay (Member # 6358) on :
 
That bites so bad. I'm glad your mom is okay... hope they throw the book at him.
 

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Posted by Speed 2: Cruise Control (Member # 6765) on :
 
I hate drunk drivers. By the time the average drunk driver gets caught, he's been driving drunk for a couple years. I work with someone whose husband just got caught on his third offense. They impounded his car and suspended his license and are preparing criminal charges. So he got his car out of the impound and is now driving drunk on his suspended license while he's waiting for his case to go to trial.

His wife is in a tough position. She's trying to get him to stop, but there's nothing she can do about it. He's been doing it for so long now that it's a lifestyle. She doesn't want to get divorced for the sake of the kids. But he's going to get fired from his job and possibly do some jail time, which means that she's going to have to pay the mortgage and support the family on her income alone. She may have to end up selling her house. She has no way of paying for the lawyer, but if she doesn't, he could go away for a long time. He's devistated his family. He's lucky he hasn't killed another family. He ought to stop drinking altogether. But he's not only still drinking every night and every day, he's still driving drunk to boot.

I feel really sorry for her. I'd like to say I wish they'd lock up this menace to society and throw away the key, but I hate to think of the consequences on the family.

I really hate drunk drivers. I hate them like I hate burglars and muggers. I don't know how someone can live in a society and take so little responsibility for their own devistatingly destructive actions. I wish I knew what we could do about them, short of vigilante justice. I'm glad your mom's okay. I'm sure this idiot is going to get behind the wheel loaded as soon as he gets the chance, so I hope the judge doesn't give him the chance ever again. Good luck.

[ August 28, 2004, 09:59 AM: Message edited by: Speed 2: Cruise Control ]
 

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Posted by Eruve Nandiriel (Member # 5677) on :
 
(((((Derrell)))))
It's a good thing she wasn't seriously hurt.
 

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Posted by ludosti (Member # 1772) on :
 
((Derrell)) I'm so sorry that your mom was hit. However, I'm relieved that it wasn't more serious and that they (hopefully) caught him.
 

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Posted by MidnightBlue (Member # 6146) on :
 
I don't know much about laws, but I know the penalties differ greatly between state.
 

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Posted by Sara Sasse (Member # 6804) on :
 
S2CC: I share your sense of outrage.

One thing I've noticed is that drunk driving seems to have undergone a change in how it is viewed during my lifetime. I remember when teenagers and adults might talk about "how drunk I was while driving home last night," and it had the sort of tainted cachet of a war story or something funny even if dangerous.

I see less of that now. People's faces tend to get forbidding immediately, rather than joining in the laughter or commiseration.

Small progress, but some. It could be just that I've gotten out of southern Indiana, though.

[Edit: Derrell, I'm so sorry you and your mother had to deal with the fright of it. I'm glad she and you are okay.]

[ August 28, 2004, 12:49 PM: Message edited by: Sara Sasse ]
 

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Posted by beverly (Member # 6246) on :
 
I'm so sorry Derrell.

quote:

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It's sad that drunk driving is so prevalent that they don't dare give stiffer penalties.

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This just ticks me off, especially if it is true. If the penalties aren't stiff enough then of course it is prevailant! It will continue to be if it is treated with leniance. There should be no tolerance for such damaging and often deadly behavior.
 

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Posted by Shepherdess (Member # 6115) on :
 
I was hit by a drunk driver a couple of months ago, and so I can understand a little bit of what your mother is going through, Darrell. I hope her recovery, both physical and mental, is swift.

In fact, I was just subpoenaed (sp?) to testify in court against him next month. According to the subpoena, this guy is being charged with DWI w/injury and "unlawful use of highway," I guess because he was driving on the wrong side of the road.

I'm also wondering (and maybe one of the legal people can answer this for me), why is this even going to trial? Is he trying to get off? Because he spent the night in jail after the accident and then had a court appearance the next morning. Couldn't he have just pled guilty the next day and it would all be over now? I'm a bit confused, but if it turns out that he's trying to contest the charge, I'm going to be really ticked off.

I remember reading somewhere that alot of these people get off if they take the case to trial because the folks who are supposed to testify (be it the cops who charged him, or the person they hit), don't show up in court.
 

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Posted by Derrell (Member # 6062) on :
 
Thanks for all the concern and hugs. My mom seems to be ok, but you never know with a situation like this. She doesn't have any pain or stiffness.

She's taking the car into the shop Monday to have it checked out. The only cosmetic damage is the banged up license plate. I hope the frame isn't bent. *crosses fingers*

I hope the bozo just pleads guilty so we don't have to go through a trial.

I'd still like to hear from Dagonee or someone else with legal knowledge. I want to know what exactly he can be charged with besides the dwi and leaving the scene of an accident. I'd also like to know how much time this bozo's gonna do. Probably not much.
 

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Posted by TMedina (Member # 6649) on :
 
He could be charged with a lot - the only question becomes what are the prosecuters willing to charge him with.

-Trevor
 

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Posted by Derrell (Member # 6062) on :
 
Trevor, that's what I'm worried about. What will the prosecutor charge him with? I'd like to see a copy of the police report to see what his BAC was.
 

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Posted by Glenn Arnold (Member # 3192) on :
 
Alcoholics will often lose their license, their job, and/or their family before they give up drinking. To them, alcohol is the most important thing in their lives.

It seems to me that threatening to take away someone's driving priviledges simply isn't scary enough, instead, we ought to take away their right to drink.

We've done it before, we just did it wrong, since prohibiting the use of alcohol among the law abiding population was unfair.

I have been proposing that rather than having a "drinking age," we should have a "drinking license." That is, no matter how old a customer is, s/he would have to present proof that they had never been convicted of an alcohol related offense before they could acquire alcohol from any source (Including friends and family. Anyone found guilty of providing alcohol to someone without a license would lose THEIR license). This way, cashiers wouldn't look at a 58 year old man and think "I don't need to proof him," instead they'd have to proof everybody, and if you've driven drunk, it would be seriously difficult to acquire alcohol.

Given that alcohol is the most important thing in an alcoholic's life, this MIGHT actually be a deterrent.
 

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Posted by beverly (Member # 6246) on :
 

quote:

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I have been proposing that rather than having a "drinking age," we should have a "drinking license."

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quote:

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First D.U.I. Conviction - The minimum penalty is 10 days in jail, 9 days can be suspended upon successful completion of alcohol screening and recommended treatment, and a fine of $250.00 plus a 80% surcharge. After March 1, 2004, an additional fee of $500.00 will also be assessed. Additionally, your driver's license will be suspended for 90 days.

*Second D.U.I. Conviction ( within 5 years of first conviction) the minimum penalty is 90 days in jail, 60 suspended upon successful completion of alcohol screening and treatment, and a $500.00 fine plus a 80% surcharge. After March 1, 2004, an additional fee of $1250.00 will also be assessed. Additionally, Motor Vehicle will revoke your license for 1 year. Subsequent to the revocation, an ignition interlock device must be installed on your vehicle for a period of one year.

*Extreme D.U.I. The minimum penalty is 30 days in jail, 20 days can be suspended upon successful completion of alcohol screening and treatment, a $500.00 fine plus a 80% surcharge. After March 1, 2004, an additional fee of $1000.00 will also be assessed. An ignition interlock device must be installed on your vehicle for a period of one year.

*Second Extreme D.U.I. Conviction- the minimum penalty is 120 days in jail, 60 days can be suspended upon successful completion of alcohol screening and treatment, and a $750.00 fine plus an 80%surcharge. After March 1, 2004, an additional fee of $1250.00 will also be assessed. Additionally, Motor Vehicle will revoke your license for 1 year. Subsequent to the revocation, an ignition interlock device must be installed on your vehicle for a period of one year.

*Aggravated/Felony D.U.I.- The minimum penalty is 4 months in the Department of Corrections (Yes, this means prison). If you go to prison, you cannot participate in a work furlough program; all of your time must be served in prison. After March 1, 2004, a $750.00 fine plus an 80%surcharge, and an additional fee of $1500.00 will also be assessed. Additionally, your license will be revoked for three years. Subsequent to the revocation, an ignition interlock device must be installed on your vehicle for a period of one year.

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As to other charges, there are several. Without an injury, there’s reckless endangerment. “A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury. Endangerment involving a substantial risk of imminent death is a class 6 felony. In all other cases, it is a class 1 misdemeanor.”

Probably all they could get on this is the class 1 misdemeanor, since the imminent danger of death did not arise (imminent can’t be hypothetical).

There’s also criminal damage. A person commits criminal damage by recklessly defacing or damaging property of another person, a class 2 misdemeanor. The license plate was damaged, right? This one is doubtful, though.

Had she been injured, it could go down as aggravated assault, even if the injury was slight, because it involved a deadly implement. This would be a class 3 felony, and might jack up the reckless endangerment charge some.

In all likelihood, only the DUI charge will be levied. It sucks, but there it is. His punishment will depend on his history.

On a side note, while I do believe every defendant deserves zealous defense counsel, this makes me a little queasy: http://www.drunkdrivingdefense.com/

I hope your Mom’s OK.

Dagonee
 

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Posted by TMedina (Member # 6649) on :
 
Not to mention that DUI or DWI cases are given lower priority than others, as far as I am aware.

Which means the DA is more likely to plead out on lesser charges.

-Trevor
 

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Posted by Derrell (Member # 6062) on :
 
Thanks for the information, Dag. He'll probably get a suspended sentence. Stupid justice system. Of course, I don't know if he's been busted before, but the way Arizona's justice system works, he'll probably get the minimum sentence.
 

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Posted by Dagonee (Member # 5818) on :
 
Isn't there a jail out there where the inmates have to wear pink underwear and sleep in tents? Or is this a radio myth?

Dagonee
 

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Posted by TMedina (Member # 6649) on :
 
Pink underwhere?

-Trevor
 

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Posted by Derrell (Member # 6062) on :
 
Dag, that's the county jail. All county inmates wear pink underwear. Our famous, or is that infamous, sheriff has even set up a tent city. He bought some surplus tents from the Army and set up bunk beds in them. Imagine living in a giant canvas tent with a bunch of other inmates,especially in the summer.
 

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Posted by TMedina (Member # 6649) on :
 
As indicated by the linked story above.

-Trevor
 

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Posted by Derrell (Member # 6062) on :
 
Sorry, Trevor, I didn't see your link until after I'd written my post.

There are those who say the sheriff's a crackpot. I know one thing, I don't ever want to end up in tent city.
 

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Posted by TMedina (Member # 6649) on :
 
That's what I figured Derrell, but I couldn't resist posting anyway.

-Trevor
 

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Posted by Dagonee (Member # 5818) on :
 
The sad thing is, I bet you'd be safer from fellow inmates there...

[ August 28, 2004, 05:10 PM: Message edited by: Dagonee ]
 

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Posted by TMedina (Member # 6649) on :
 
I think it's a wonderful idea - it's not like the more traditional jails are working.

And let's face it - no cable, no porn, no AC. A jail lifestyle that provides all of the above might actually be better than what some people manage on their own.

Toss on top of that three meals a day with, let's assume, average food - it's starting to look better and better.

-Trevor
 

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Posted by Derrell (Member # 6062) on :
 
The inmates in the county jails have to pay for their meals. Maricopa County also has chain gangs. Being an equal opportunity sheriff, there are chain gangs for women and juvenille offenders as well as the men.

edited for spelling.

[ August 28, 2004, 05:15 PM: Message edited by: Derrell ]
 

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Posted by beverly (Member # 6246) on :
 
Whatever else prison is, it should *never* be a reward.
 

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