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L&O Crime and Punishment - Drunk Driver (Spoilers)
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Posted by: daperlman

Did anyone see that L&O last night with the Drunk Driver that tried to blame his pregnant ex-girlfriend (who couldn't drive stick shift)? As ridiculous as Emile's defense was, his ex-girlfriend seemed like a total liar. And even the one responsible teen (sober driver who offered the Victim of the accident a ride) completely lied on the stand. If I were on that jury I might have acquitted.

While personally I thought the kid was guilty, the prosecution did not prove their case beyond a reasonable doubt IMHO.

Posted by: JohnJr

A drunk driving case is the only one that I have actually sat on a Jury for. We nailed the guy to the cross, convicting him of every count, including some sort of extreme predudice count (BAC over 1% when it was .997 or something). I didn't get to see his sentence, but I'm sure it was severe.

I've actually got three DUI's on my record (all plead to DWAI), and I told the court that before I was placed on the Jury. I ended up being foreman of the Jury. I fought a bit for the kid, but his story was just so implausable, that when compared with the arresting officers story, I went with the "I have a doubt, but I don't think it is reasonable." He represented himself and claimed that he was so stressed out after he was pulled over for speeding, he took a swig or two of alcohol from a bottle he had in the car.

I kind of feel the same way about last night. I might have a doubt that he was driving, but by all accounts he was. I think the most damning testimoney was the rebuttal of the expert witnesses testimony about the seat being pulled forward... TADA! lol

Then you factor in the more or less given, of that it was his truck, and it's almost impossible to take the keys from a drunk, unless you are sober and the fact that the only "third party witness" to the aftermath (which may have been another school mate), claimed that the girlfriend said the boyfriend was the driver at the scene, I come up with guilty, myself.

I guess I have a little revenge factor in my decision too, saying "Hey, someone ought to pay for this." Four years is nothing, if the guy really did it.

-John

Posted by: daperlman

quote:
Originally posted by JohnJr
I guess I have a little revenge factor in my decision too, saying "Hey, someone ought to pay for this." Four years is nothing, if the guy really did it.-John

Yeah well drunk driving is a strange crime, everyone knows how selfish and dangerous it is, yet 90% of people do it... often. But in this case what really had me hating this kid was his apparent lack of remorse and overabundant sense of self preservation.

Posted by: JohnJr

I don't think our system of laws covering DUI are graduated enough. From this page (Council on Alcoholism).

PROBABILITY OF ACCIDENTS

.025% Minimal possibility of having an accident over someone who didn’t drink.

.05% Three times the possibility of getting into an accident over someone who didn’t drink.

.075% Five times the possibility of getting into an accident.......

.10% Fifteen times the possibility of getting into an accident.....

.125% Twenty-five times the possibility of getting into an accident....

.151% Seventy-five times the possibility of getting into an accident....

.176% Two hundred times the possibility of getting into an accident....

In NYS (in the early 80's), the average person arrested for DWI had a .21% BAL !!!

So a DWAI person in colorado .05-.099% is three to fifteen times more likely to be in an accident, a DUI person can be 15 to 200 (AND MORE) times more likely to get in an accident. That scale stops at .176% I can tell you that in each of my three DUIs I was well over .2%

Some may disagree what the penalties at each level should be, but I think the above table clearly demonstrates the need for additional levels of charges that should be filed on a person.

For instance a person at .25% or something, (again from that same link) ".21 - .25% = Severe motor disturbances; staggering; sensory perception greatly impaired, e.g., blurred vision." might be charged with vehicular assault or something. Just because the risk to people was so doggone high. .3% or semi-stuppor, they might be charged with attempted murder. Etc.

I'd like to know what the kids BAC in that show yesterday was. I don't recall them mentioning it, but I'll bet it was at least .2%

-John

Posted by: JohnJr

Thinking about that table above, I'd love to see a comparison of the three kids BAC. Lets say the girl was at 1.0, the dead boy was at 1.75 and Emile was at 2.35... that might be another argument for whom was driving. Well, maybe a bit iffy... but if it was say .05, .05, and .25... I think it could be compelling evidence.

-John

Posted by: daperlman

quote:
Originally posted by JohnJr
I'd like to know what the kids BAC in that show yesterday was. I don't recall them mentioning it, but I'll bet it was at least .2%
-John

In GA. if you are under 21 I think .05 is legally drunk, I think Emile was under 19 when he did this.

Posted by: kbrunsting

I just wonder if that kid would have gotten off with probation or something if he would have just admitted at the scene that he was the driver instead of dragging everyone through court and not taking responsibility.

Posted by: daperlman

quote:
Originally posted by kbrunsting
I just wonder if that kid would have gotten off with probation or something if he would have just admitted at the scene that he was the driver instead of dragging everyone through court and not taking responsibility.

certainly it appeared the parents of the deceased would have been less vigilant, if he had.

Posted by: JohnJr

quote:
Originally posted by kbrunsting
I just wonder if that kid would have gotten off with probation or something if he would have just admitted at the scene that he was the driver instead of dragging everyone through court and not taking responsibility.

Quite possibly. Maybe they would have plead his DUI case down to a DWAI also. I don't think he could have had either charge totally dropped if he plead because of the alcohol that was involved.

But, you are right that in sentencing the judge may have done probation, or the minimum sentence versus the max. But only if he fessed up.

One thing I was thinking about this morning, is there was a quick mention of his "head injury" during the show last night. With that and his drinking, I think it is extremely possible that he truly hasn't the slightest idea what happened that night. But that would only serve, in my mind, to make him take his punishment like a man (young man) and not make out like everyone else had the problem.

-John

Posted by: whitson77

All he had to do was say he was sorry. But he clearly wasn't. He knew he was the driver and his defense would have done an excellent job, if they hadn't have called the expert witness who said it was the girl, the prosecution couldn't have hammered what a spare Emile was. If he would have admitted his guilt and said he was sorry, I am quite certain the parents wouldn't have gone after him.

When I was 18 a drunk driver killed a classmate of mine, right in front of me. I was alone at the scene for 5-7 minutes and I was pretty damaged for a long while after the accident even though the victim and I were just acquaintances. The driver, changed his plea the day of the trial, and the judge threw the books at him. 20 years without parole. He had 5 prior DWI's and his liscense revoked at the time of the accident. Sad to see two lives wasted.

Steve