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emeraldcoastdav

Beach Fanatic
Apr 4, 2006
252
10
Yellow Hammer,
a good point, wreckless driving with no penalty vs consumption of amount of alcohal with severe penalty.
 

Matt J

SWGB
May 9, 2007
24,670
9,510
Florida didn't actually have a choice in the .08 BA level. This was imposed by the Federal Government. If a state chose not to adopt that level, and they could, they lost Federal DOT monies.
 

emeraldcoastdav

Beach Fanatic
Apr 4, 2006
252
10
Douglas, I don't want to beat the dead horse either but my real summery after this debate follows:
1. Maybe there should be a higher bac then .08.
2. Maybe there should be a less stringent penalty for a DUI that does not involve wreckless driving.
3. Maybe there is a lopsided number of patrol cars on duty winter vs summer and county vs county.
4. Maybe there is a larger expense to police our county and is it just?
I felt I stould alone in this debate. I think with tourism being the biggest industry in Sowal, their are many, many, resturaunt and service workers that are my peers and may agree with me but do not participate on this site or this paticular blog.
5. Now I know the Sheriff knows there is some concern and may make decisions reguarding expenses, and staffing, in the future, with this in mind.
 

scooterbug44

SoWal Expert
May 8, 2007
16,732
3,330
Sowal
Maybe drunks should stop driving!

There is absolutely NO WAY you are going to convince me that the number of people who frequently drive as drunk as they are is a good thing - or deserving of special consideration from law enforcement.

P.S. Isn't stricter DUI enforcement good for your business? Confused as to why you are so against it.
 
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emeraldcoastdav

Beach Fanatic
Apr 4, 2006
252
10
Scooterbug44,
yes, absolutly it is better for my buisness.
I was arrested for DUI while sleeping in my 15 passenger van while parked in a designated parking space. This on the eav of a day that I had $6600.00 dollars worth of dental work in the pm and was up at sunrise painting to protect some new construction from a forcast rain storm. 1st DUI, 2nd refusal to blow in my 31 years of driving.
This day followed a weekend of my usual 16 - 18 hour a day work schedule. This day followed 4 years of hauling a small portion of the drinkers that I witness walking out of local bars.
The result was the refusal to blow has more stringent penalties in this state then DUI. I lost my driver licence for a year and a half. I did 5 days in jail. I paid fines of 1500. I paid a lawyer 4000.
I have to do 5 nights of class in another county.
I have to do 50 hours of comunity service. I am on probation for 6 months. I had my car impounded for 10 days at a cost of 250.
My lose of licence has and will cost me 2/3 of my anual income fo a year and a half.
 

scooterbug44

SoWal Expert
May 8, 2007
16,732
3,330
Sowal
So you were "asleep" in a vehicle (after medication and/or alcohol?) and refused to blow? Were you in the driver's seat and were the keys in the engine?

I could totally understand your frustration if you were stretched out in the backseat sleeping and the vehicle was off (I've done that on several occasions to catch a nap on long drives) and you got a DUI, but something about this seems strange.

I don't understand why, if you were sober and just taking a nap, you didn't just blow. (Especially since you said you had been through this before so knew the consequences.)

And since your JOB is to be a sober driver with a higher class of license because of the size of your vehicle, I REALLY have no sympathy if you refused to blow because you knew you couldn't pass it.
 

emeraldcoastdav

Beach Fanatic
Apr 4, 2006
252
10
Your responce is exactly why I pled rather then fight in court, and exactly why we are having this debate.
I did not say I had not consumed. I was on a liquid med "mouth wash" prescribed by the dentist. I didn't blow because it may have affected results.
When I asked my lawyer if the jury of peers was Sowal servece workers, he said not nessasarily. When I asked what would happen if I fought and lost, he said it was likely I would do 6 months in jail.
I could not risk that time and hope that I didn't get a jury that did not take into account the time preceading the arrest just as you discounted it.
State law insured my driving rights were gone reguardless of win or loose in local court. Winning would not change the year and a half suspension. Disspite your accusation I should have known I did not. I am an amiture when it comes to law because I am a pretty straight shooter.
 

scooterbug44

SoWal Expert
May 8, 2007
16,732
3,330
Sowal
So you were tired, drinking, and on prescription medication and feel the officer was somehow in the wrong to think you were an impaired driver?

Sorry that you are having to go through all this, but it sounds like you really should not have been driving.

P.S. A jury of "your peers" is not who you hang out with and who you think are okay with drunk driving - it's your fellow residents - also known as "the people you put in danger when you drive a 15 passenger van impaired."
 
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LuciferSam

Banned
Apr 26, 2008
4,752
1,069
Sowal
So you were "asleep" in a vehicle (after medication and/or alcohol?) and refused to blow? Were you in the driver's seat and were the keys in the engine?

I could totally understand your frustration if you were stretched out in the backseat sleeping and the vehicle was off (I've done that on several occasions to catch a nap on long drives) and you got a DUI, but something about this seems strange.

I don't understand why, if you were sober and just taking a nap, you didn't just blow. (Especially since you said you had been through this before so knew the consequences.)

And since your JOB is to be a sober driver with a higher class of license because of the size of your vehicle, I REALLY have no sympathy if you refused to blow because you knew you couldn't pass it.

I've heard that if you decide to sleep in your car and you're drunk, you had better make sure the police can't find your keys ANYWHERE! They will search your car and the surrounding area. They will search in the bushes, under rocks, you name it. If they find them they will charge you with DUI. Technically if you were at home drunk and went out to your car to get something from the trunk, you are guilty of DUI.
 
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