If the kid blew a .24 he was wasted.
I used to do this stuff for a living and if you blow a .24 you are significantly impaired. While the outward signs of a .24 are different for different people I can guarantee that your judgement will be off significantly, your responsiveness to various stimuli will be way off and your vision will be substantially impaired. With hundreds of DUI busts I can say for certain that NOBODY who blows a .24 could pass for sober.
I have no idea why the judge thought probation was a reasonable sentence. It's one of those sentences that rightfully makes sane people sit back and say "Really? How can any reasonable person consider this sentence to be 'justice' much less rehabilitative?"
I just saw this on the noon news and I'll have to say it sickened me. Has this judge been bought off or something. He said the kid did it because he was spoiled and had never suffered any consequences for his actions so to fix that the judge once again lets him slide? WTF?
Breathalyzers are based on junk science. Kinda like "lie detectors" and "e-meters".
And so what if he was drunk? That does not prove that he intended to get in a wreck and kill anyone.
All that anecdote means is that you're a masochist who thinks you deserve to be punished.I had a DWI in 1985. My BAC was .13, and I was definitely impaired, and could not pass the field sobriety tests. I deserved the jail time I got.
Changing the "legal limit" doesn't make anyone any drunker or soberer. It is just an arbitrary number that kleptocrat leeches use to steal money from other, more productive people. Plain and simple.But, that is beside the point. The legal limit that triggers a "pro se" DWI arrest is .08. He was 3 times that. He had absolutely no business behind the wheel. He committed manslaugther.
All that anecdote means is that you're a masochist who thinks you deserve to be punished.
"Field sobriety" tests are also based on junk science just as the "breathalyzer" the "e-meter" and "lie detector" tests. They should be outlawed.
Breathalyzers are based on junk science. Kinda like "lie detectors" and "e-meters".
And so what if he was drunk? That does not prove that he intended to get in a wreck and kill anyone.
It's not junk science. The chemical reactions that a breathalyzer measures work the same for everyone and give a reasonable estimate of BAC. That test, especially when combined with practiced observation, can easily determine impairment and, again, I GUARANTEE that someone who blows a .24 is noticeably impaired.
As far as not intending to kill someone.....really? He wasn't on trial for murder one but vehicular homicide or second degree murder would both be reasonable.
I'll chime in on this if I may. I have friend in Canada who gave a clean .3 reading a few years ago and was hospitalized immediately. Drunk as far as I know is anything near .20 - This is a 16 year old boy who couldn't possibly weigh more than what? 150? Yeah, it's a miracle he didn't simply pass out and then choke in his vomit before he killed these people.
All that anecdote means is that you're a masochist who thinks you deserve to be punished.
Changing the "legal limit" doesn't make anyone any drunker or soberer. It is just an arbitrary number that kleptocrat leeches use to steal money from other, more productive people. Plain and simple.
"Field sobriety" tests are also based on junk science just as the "breathalyzer" the "e-meter" and "lie detector" tests. They should be outlawed.
just out of curiosity
what would a breathalyzer indicate for someone who had imbibed say 5 minute before the test and that was their only drink?
I ask because, as a layman, I know there is a procedure to be followed and could you explain what that is, based on your experiences?
Yeah. While .08 is really a little overprotective as far as I'm concerned most people are showing obvious signs of intoxication at about .125 and by .175 there is usually little question. At a .2 most people are obviously unsteady on their feet, have significantly slurred speech and can't react to anything they aren't already focused on.
Yeah. While .08 is really a little overprotective as far as I'm concerned most people are showing obvious signs of intoxication at about .125 and by .175 there is usually little question. At a .2 most people are obviously unsteady on their feet, have significantly slurred speech and can't react to anything they aren't already focused on.
You have no proof of that. Your opinion in this case is totally based on unsupported assertions.It's not junk science. The chemical reactions that a breathalyzer measures work the same for everyone and give a reasonable estimate of BAC. That test, especially when combined with practiced observation, can easily determine impairment and, again, I GUARANTEE that someone who blows a .24 is noticeably impaired.
In other words, there was no criminal intent at all.As far as not intending to kill someone.....really? He wasn't on trial for murder one but vehicular homicide or second degree murder would both be reasonable.
I respectfully disagree about .08 being overprotective. At a .05, I can tell that I am slightly impaired.
But if you are black and poor you go to prison
You have no proof of that. Your opinion in this case is totally based on unsupported assertions.
In other words, there was no criminal intent at all.
10 years of probation? That's just bull****. It's a very unreasonable intrusion by the govt. The criminal justice indutrial complex leeches just think daddy has a lot of money they can rip-off.
And I fully respect your disagreement.
Sure, I can tell I've had something to drink after one drink but in my experience most people who blew below a .1 were very slightly impaired. Their reflexes were still usually pretty decent and, frankly, by the time we finished checking them they were plenty sober.
As a rule of thumb an average sized male will burn off .05% blood alcohol every 45 min to 1 hour so if you have one beer an hour you should be fine under pretty much any circumstances. If you have 2 an hour you'll probably be borderline but if it takes me half an hour to test you you'll probably come in just under the .08 wire.
Now I'm not about to speak for everyone and personally I'm a little bit beyond average size but 2 beers an hour for me...I'd know I wasn't drinking iced tea but driving really wouldn't be a problem.
Couldn't agree more. I think what people don't understand is that BAC is a percentage. A 0.8 on a person that weighs 240 pounds is not the same as a 0.8 on a person who weighs 150 pounds. However, these are the noticeable effects regardless of weight:
View attachment 67158205
Here is the risk of accident:
You notice the same thing I do? Because I see that there is no way this 150 pound kid made a reasonable choice by getting behind the wheel and he should be held accountable for it.
Lutherf said:I GUARANTEE that someone who blows a .24 is noticeably impaired.
You have no proof of that. Your opinion in this case is totally based on unsupported assertions.
Effects of drinking alcohol Estimated blood alcohol concentration (BAC) Observable effects
0.02 - Relaxation, slight body warmth
0.05 - Sedation, slowed reaction time
0.10 - Slurred speech, poor coordination, slowed thinking
0.20 - Trouble walking, double vision, nausea, vomiting
0.30 - May pass out, tremors, memory loss, cool body temperature
0.40 -Trouble breathing, coma, possible death
0.50 and greater
BAL .20%: You feel confused, dazed, or otherwise disoriented. You need help to stand up or walk. If you hurt yourself at this point, you probably won't realize it because you won't feel pain. At this point you may experience nausea and/or start vomiting (keep in mind that for some people, a lower blood alcohol level than .20% may cause vomiting). Your gag reflex is impaired, so you could choke if you do throw up. Since blackouts are likely at this level, you may not remember any of this.
BAL .25%: All mental, physical, and sensory functions are severely impaired. You're emotionally numb. There's an increased risk of asphyxiation from choking on vomit and of seriously injuring yourself by falling or other accidents.
BAC EFFECTS ON FEELING AND BEHAVIOR
.01 - .03 There is a mild lift in feeling. You have some loss of judgment. (1 drink within 15 minutes… BAC .03%)
.04 - .06 Most People feel high and must decide whether to continue drinking. You may get louder and have some loss of small muscle control, like focusing your eyes. (2 drinks within ½ hour… BAC .06%)
.08 - .09 Your sight and hearing are worse. It’s harder to detect danger. You have less sense of balance. (3 drinks within 1 hour… BAC .09%)
.10 - .12 Many people claim they’re not affected anymore, as if they could drink themselves sober. You are definitely not thinking straight. (4 drinks within 2 hours… BAC .12%)
.13 - .15 You have far less muscle control than normal. People feel happy even though they’re stumbling and acting foolishly. Risk of an automobile crash increases to 25 times the normal rate (5-7 drinks within 3 hours… BAC .15%)
.20 - .25 You’re confused. You usually need help doing things, even standing up. Those who drive are 50 to 100 times more likely to crash. The average alcohol-related highway death occurs at this level. (8-12 drinks within 4 hours… BAC .20%
.30 Almost nothing gets through the senses. An extremely life threatening BAC level.
.40 Your condition ranges from conscious to comatose. There is a chance of death from a ‘shut down’ of breathing.
I wouldn't go as far as saying that race played a role here but I'd definitely say political influence did. If this kid were some white trash trailer park dweller, this judge wouldn't have thought twice about sending him to the slammer for a few years.
Very confused. You say that BAC is a percentage then say weight matters. It is my understanding that different amounts of alcohol are required to get to 0.08% for the 240lb guy versus 150lb guy but the the effect of 0.08% BAC is about the same for both of them?
No ****, this case screams of wealth and political influence(the treatment center he's going to charges 450K). Why anyone would toss race in there is beyond me.
No ****, this case screams of wealth and political influence(the treatment center he's going to charges 450K). Why anyone would toss race in there is beyond me.
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