Jerry Eichenberger
Serious Thumper
   
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2006 S40. OEM windshield, saddle bags, Sportster
Posts: 2919
Columbus, Ohio
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OK. 0.229% IS drunk, no question about that.
So, given her condition (let's assume permanent disability ), what's the appropriate penalty? Certainly a tragedy for all concerned, including the woman driving.
I certainly don't feel that 20 years in the slammer is apropriate, given the fact that everyday she'll feel the permanent effects herself from her misdeed.
Glad I don't have to make the call on this one - jailing an already disabled person doesn't do much to prevent a repeat, does it? Yet, you can't let her go scott free.
As an aside, this is the sort of BAC level that we need to be concerned about; not .08%. Once a person gets in the range of .17% or higher, then this sort of "wrong way up the freeway", or other serious deviations happen.
But at .08 it doesn't. At .08, you might take a turn a little tight and have your front tire brush the center line with no oncoming traffic in sight (the cop's delight - gotcha even though you haven't done anything dangerous), but that's about it.
I've advocated for years that we return to a limit of .15%, like is was for decades before the MADD women became so powerful, then lay the hammer down on those violators. But leave the guy alone who had a couple of beers after work.
.08% is no more impaired than a person whose concentration is diverted by using a cell phone, or whose reactions have simply diminished as he has aged beyond about 75 for a normal person.
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