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[grc]

I'm a firm believer in the idea that anyone can make a mistake.  But in my book, when someone chooses to repeatedly drive drunk, that's not a simple and forgiveable "mistake".  A two or three ton vehicle is a deadly weapon in the hands of a drunk or distracted driver, and I don't think we can just turn the other cheek or give them three strikes before they're "out".

Once all the facts are in there may be mitigating circumstances that might temper the punishment, but if the driver was in fact driving with a BAC three times the legal limit (pretty easy to determine with blood tests these days), and she has already been convicted of DUI on previous ocassions, I don't see where it's unreasonable for us to expect that she suffer major punishment.  Part of the reason people don't respect the law, or think laws are only for the other guy, is the widespread lack of enforcement and meaningful punishment.  I've read stories locally of folks who have had as many as six DUI's before finally killing someone, and they were still driving up and down the highways after getting nothing more than a slap on the wrist six times in a row.  That kind of crap needs to stop, and the judges who keep looking the other way need to be held accountable.  As far as I'm concerned, having some drunk run me down and kill me is no different than having some gang banger walk up and put a .45 caliber round in my head.  I'd be dead either way, but only one of the guilty parties would be considered a murderer.  BS.


Jerry

[KKM]

Right spyder,

Corrected...IF Guilty...

K

[DDavidson]

A tragedy all around, the defendant's life is ruined, the victim's life has been taken, and both families will never be the same.

[porthole]

An incident like this should make us all look at ourselves and realize that our actions not only impact us but also impact others around us.
In this case people have another example of the dangers of driving impaired. Use this example and its consequences when making a driving decision.

I also look at an accident like this and wonder if it could have happened by a sober driver as well. Was there anything the rider could have done to make himself more visible and/or safer? Could the rider have positioned himself differently behind the vehicle in front to make the rider safer?

Riding closer to the center line behind a vehicle in front of you makes you more visible to an oncoming vehicle. When you can see an on-coming driver's eyes then they can see you. With no vehicle in front of you and approaching a pack of on-coming cars, moving to the outside of the lane makes you more visible to all the vehicles in the pack which may want to pass in your lane.

Would riding closer to or further behind the front vehicle have been safer?

Are you a defense attorney?

[JCZ]

Are you a defense attorney?

 

[miker]

 

[DDavidson]

Are you a defense attorney?

Not sure why you asked this?

Just evaluating this accident and I only made the comments to think about using extra driving defenses to my advantage. (Not saying the rider should have been riding differently.)

The rider was in the right but was there a way he could have been more safe? Maybe driving closer to the vehicle in front causing the turning vehicle to pass behind him, or riding closer to the center line becoming more visible?

Again just wondering how to be in the best defensive position against somebody making a mistake because dead is dead whether you were in the right or not.

Since I can't prevent others from driving impaired/distracted/stupidly I was hoping to get some constructive feedback from other site members with productive ideas that might help me avoid this situation by riding in a more defensive style.

Hanging the drunk until she rots deters me from drinking and driving but it doesn't help me with ideas on how to ride smarter and safer.

I learned from my own accidents so I thought I could learn from other's accidents as well.

Ideas from others in regards to motorcycling is the biggest asset of this site so I just keep fishing for ideas.

No, I'm not an attorney but I did sleep at a Holiday Inn.
 

[Screamin]

Make her rot. Soon.

[JCZ]

Not sure why you asked this?

No, I'm not an attorney but I did sleep at a Holiday Inn.

Does your wife know? 

[CBW]

Wasn't her first DWI either. I agree, let her rot.

I TOTALLY agree

[Dan_Lockwood]

I do not drink, but a friend of mine does and was "lucky" to have been stopped and given a DUI without any harm to anyone else, other than his driving record, insurance and wallet.

When he went through the manditory schooling, the instructor told the class a very scary statistic.

The average driving and drinking person drive on average 300 times while drunk "before" getting stopped, getting in an accident and/or killing someone.  That is an awful amount of exposure to drunk drivers by other drivers or riders.

As to my friend, one time caught was enough.  He now makes sure that there is a way to get home without driving or he does not drink.

Some of the people we used to ride with would ride 10 miles and then stop for a beer, my buddy and I would drink Diet Coke.  Then we would go maybe another two blocks to another bar and get more beers/diet Cokes.  The guy that was leading us drank a lot and hasn't had a drivers license for many years because of DUI's.  His wife rides on the back with him and he always seems to get away with it.  He's been thrown in jail and out the next morning with just a fine.  We quit riding with them mainly for the drinking reason.  When we ride now, alone, my wife may have a beer or two over the course of the day, buy most likely ice tea.

I used to drink a bit, but it was never pretty and I never drove drunk.  When I drank I'd get sick or go to sleep and my ex-wife would drive home.  I just don't enjoy it anymore and diet Coke works just fine for me.

[grc]

.........................................................
Some of the people we used to ride with would ride 10 miles and then stop for a beer, my buddy and I would drink Diet Coke.  Then we would go maybe another two blocks to another bar and get more beers/diet Cokes.  The guy that was leading us drank a lot and hasn't had a drivers license for many years because of DUI's.  His wife rides on the back with him and he always seems to get away with it.  He's been thrown in jail and out the next morning with just a fine.  We quit riding with them mainly for the drinking reason.  ...............................................

Sadly that guy is just the tip of the proverbial iceberg.  The fact that any of us manage to go out and ride on any particular day without becoming a victim of this sort of clown or one of the "distracted" azzholes with the cellphones/makeup/newspapers/etc. is kind of amazing.  I don't know about anyone else, but I'm getting real tired of having my health and well being put at constant risk by those who do stupid and illegal things with impunity.  We have technology these days that could keep a lot of these folks from doing the things they do, but it seems that we can't come up with the backbone legislatively to pass tough laws and then to enforce those laws with zeal.  Until your friendly prosecutor or judge loses a loved one to one of these clowns, it doesn't seem to bother them when they look the other way and continue to enable them.

The only reason we don't have a bloodbath of massive proportions on the roads these days is related to all the safety advances in the vehicles themselves that allow folks to walk away from collisions that would have meant instant death 40 years ago.  Maybe all those crush zones, airbags, etc. have fooled some into believing the threat isn't as severe as it really is.  Unfortunately, those of us who ride motorcycles have no such protection.


Jerry

[Midnight Rider]

The rider was in the right but was there a way he could have been more safe? Maybe driving closer to the vehicle in front causing the turning vehicle to pass behind him, or riding closer to the center line becoming more visible?
Again just wondering how to be in the best defensive position against somebody making a mistake because dead is dead whether you were in the right or not.

Agree, we all need to never let our guard down and do everything possible to make ourselves more visible by picking the right place to be in our lane, etc.

I certainly think that since this woman is obviously a menace to others on the road, she should suffer some dire consequences for her negligent behavior, particularly in light of the fact that she has a history of DUI.  Obviously, the lady needs some serious help, and hopefully she will get that along with some real time to think about what she did.

[Cvostu]

I really think in my heart that a person like this really doesn't care that she gets drunk 3x over the legal limit.  It didnt seem to stop her and gets right behind the wheel of a car and kills some one.  They don't change.  They just keep doing it till someone dies and that doesn't mean that if they get anther chance to drive drunk they won't.  Do we really miss these kind of murderers out there??   I sure don't.  When does this nonsense tolerance just stop?  I still say " let her rot".  And that still seems too light a punishment for me.  That poor guy that she killed will never come back.  That's really the worst part of this whole story.  To me, when someone does something like this,,, they really have no regard for anyone or anything.    Don't get me started  

[spydglide]

I really think in my heart that a person like this really doesn't care that she gets drunk 3x over the legal limit.  It didnt seem to stop her and gets right behind the wheel of a car and kills some one.  They don't change.  They just keep doing it till someone dies and that doesn't mean that if they get anther chance to drive drunk they won't.  Do we really miss these kind of murderers out there??   I sure don't.  When does this nonsense tolerance just stop?  I still say " let her rot".  And that still seems too light a punishment for me.  That poor guy that she killed will never come back.  That's really the worst part of this whole story.  To me, when someone does something like this,,, they really have no regard for anyone or anything.    Don't get me started  

Someone needs to get 'started' on this issue, Stu, as it continues in the same lame way of not addressing the problem.  Our 'justice' system doesn't appropriately met out significant results to stop this behavior.  spyder