Mackman put yourself in one of my shoes here. Last year I almost lost my now WIFE TO A DRUNK DRIVER WHO STOPPED AND HAD ONLY 3 BEERS. She was coming home from shopping in town near us and the guy who had stopped at a bar and had 3 quick beers after work then was headed home fell asleep behind the wheel and rear ended my wife at over 100 MPH she was doing 65 that is were the speedo broke. Worst part was the guy was a CDL holder and worked at the time for Yellow out of Chicago IL. Not anymore I made sure of that he lost his CDL and since his insurance was invalid he had not informed his company he had changed cars my insurance was forced to pay for the entire accident.

[Double R]

Originally Posted by geeshock

and at 102 they lose thier CDL. at that speed it should be for life

True. Then again, a little cash and they have a new CDL :wink: (unfortunatly)

[trux]

Originally Posted by Useless

Speaking as a degreed RN, I will second what greg3564 said.

The problem with the "Only3 Beers" defense is that reflexes and judgement capacities are compromised, but not always in a manner that is discernable by the person who has been drinking.

This is exactly the reason that, of all the drugs, legal and illegal, alcohol is the worst. No other drug affects judgement and reflexes quite the way alcohol does. Alcohol kills more people than all the other drugs combined.

[countryhorseman]

Did I not hear on the radio, that this guy was not a licensed CMV operator.

[golfhobo]

Originally Posted by ironeagle2006

Mackman put yourself in one of my shoes here. Last year I almost lost my now WIFE TO A DRUNK DRIVER WHO STOPPED AND HAD ONLY 3 BEERS. She was coming home from shopping in town near us and the guy who had stopped at a bar and had 3 quick beers after work then was headed home fell asleep behind the wheel and rear ended my wife at over 100 MPH she was doing 65 that is were the speedo broke. Worst part was the guy was a CDL holder and worked at the time for Yellow out of Chicago IL. Not anymore I made sure of that he lost his CDL and since his insurance was invalid he had not informed his company he had changed cars my insurance was forced to pay for the entire accident.

Ironeagle, I'll try on a shoe.

Sorry to hear about your wife's accident, of course, but you said the guy was a trucker.... can you be CERTAIN that he fell asleep because of three measley beers?? Or could it have been a string of 14 hour days without a reset?

I've known a few Women who were intoxicated after only three beers, but I have never met a MAN, let alone a trucker, who would fall asleep after only 3 beers... BECAUSE of the beers.

If he had them "quickly," as you say, he May have been barely over the limit, but I doubt seriously if 3 beers caused him to fall asleep at the wheel.

It in ENTIRELY possible, that he would have fallen asleep at the wheel and caused the accident WITHOUT the beers.

I'm on my second beer in an hour, right now, and will easily have 3 before the 2nd hour is up. I just drove 10 hours home. I couldn't fall asleep right now if I tried! Of course, I drive team... so I was well rested before I started my inbound shift. Were I solo, and cheating the books to drive 18+ hours a day, things might be different. But, I wouldn't need the 3 beers to fall asleep!

BTW, how many thousands of dollars fine, and how many "classes" does a kid have to pay/take if he causes an accident because he was "brain dead" while talking on his cellphone?

I agree with the poster that said alcohol impairs your judgement more than SOME (but not all) drugs. But, these days... it is becoming one of the LESSER problems on the road!

But, again, I BEG you to find me ONE average sized MALE, who has a tolerance for beer and who is well rested, that can "fall asleep at the wheel" after ONLY 3 beers.... BAC be damned!

He was a Class A Holder who had a P&D for Yellow out of Chicago's Terminal he blew a .11 at the hospital and the standard for us is .04 and everyone else is .08 he was coming home after his first day back from 4 weeks off due to Vacation so HE WAS RESTED. He had not transferred his insurance to his NEW CAR and so his ISSURANCE COMPANY refused to pay for any damages to my wifes car and her medical bills THANKS ALOT ALLSTATE. The worst thing is he bragged that he was drunk to the cops then ran off. He lost his CDL FOREVER AND YELLOW FIRED HIM and the Teamsters refused to help him thankfully.

[golfhobo]

Originally Posted by ironeagle2006

He was a Class A Holder who had a P&D for Yellow out of Chicago's Terminal he blew a .11 at the hospital and the standard for us is .04 and everyone else is .08 he was coming home after his first day back from 4 weeks off due to Vacation so HE WAS RESTED. He had not transferred his insurance to his NEW CAR and so his ISSURANCE COMPANY refused to pay for any damages to my wifes car and her medical bills THANKS ALOT ALLSTATE. The worst thing is he bragged that he was drunk to the cops then ran off. He lost his CDL FOREVER AND YELLOW FIRED HIM and the Teamsters refused to help him thankfully.

Okay, the .04 requirement for "us" is immaterial. First, because he was above that, and second because no one is gonna fall asleep with a .04, either. Although, I don't want to see truckers driving TRUCKS with a .04, I think it is unfair that we are held to that standard when "off duty."

I don't know what state this happened in, but some states still allow .10 as the limit. Either way, he was barely over the "pedestrian" limit.

You say he ran away from the cops, then was chased down and caught, then, taken to a hospital for his "breathalyzer?" After all this time, if he still blew a .11, he had WAY MORE THAN 3 BEERS. (Unless he weighed about 50 pounds.) :lol:

He also must have been wearing LEAD shoes! Most vehicles slow down when the driver falls asleep. And not many people can fall asleep when experiencing the adrenalin rush that is natural when attempting to control a vehicle at 100 mph.

I'm not necessarily questioning YOUR story here. You tell it however you want to. But, some things just don't add up - in MY mind.

BTW, it wasn't clear to me whether he was in his truck or POV at the time of the accident. Which was it?

Anyway.... I'm just saying that MOST people can have no more than 3 beers and still drive with no more impairment than, say, an 80 year old who has slow reflexes. But do THEY have to pay 5 grand and go to AA?

How was it proven that he "fell asleep?" Maybe, just doing 100 mph caused the accident. :shock:

At any rate, HE definitely screwed up and got what he deserved, I guess. Truckers ARE held to a higher standard both on and off duty, and he apparently didn't care to remeber that!

But, I have to side with Mackman a bit, in that a "civilian" who ACTUALLY only had 3 beers, and blows slightly over some arbitrary and constantly fluctuating limit, shouldn't be penalized in ways that are out of line with other crimes. For instance...

A second DUI in 7 years, and you lose your license for FOUR YEARS! But, KILL someone (vehicular manslaughter) on your first offense, and you only lose them for ONE year! How does THAT make sense?

[greg3564]

Originally Posted by golfhobo

I don't know what state this happened in, but some states still allow .10 as the limit. Either way, he was barely over the "pedestrian" limit.

All states are now .08. The states that didn't already have .08 had to lower it in 2003 as directed from a federal mandate. If a state didn't lower it, they would have lost all their federal highway funding.

[Mackman]

Originally Posted by golfhobo

But, I have to side with Mackman a bit, in that a "civilian" who ACTUALLY only had 3 beers, and blows slightly over some arbitrary and constantly fluctuating limit, shouldn't be penalized in ways that are out of line with other crimes. For instance...

A second DUI in 7 years, and you lose your license for FOUR YEARS! But, KILL someone (vehicular manslaughter) on your first offense, and you only lose them for ONE year! How does THAT make sense?

Thats all i was tryin to say. You but it in better words then me golfhobo.

[golfhobo]

Originally Posted by greg3564

All states are now .08. The states that didn't already have .08 had to lower it in 2003 as directed from a federal mandate. If a state didn't lower it, they would have lost all their federal highway funding.

Okay, I stand corrected. What would "I" know about DUI laws?? :roll:

However, it just goes to show what I said about the "arbitrary" nature of the law. Apparently, we get drunker NOW than we did a few years ago! :roll:

Or states care more about highway funding than they do about science and individual's rights! :wink:

Does anyone besides ME think that Prohibition was repealed because the government was losing money on liquor taxes, and that trumped highway safety or religious pressure? Or they saw a new cash cow in DUI fines? Do they really care about safe roads.... or do they just like getting funding from those they catch? Drinking and driving is more of a social issue than a criminal one.... yet, no one believes that AA is the answer, and they LOVE getting the fines!

Speeding.... $35 and get out of here! DUI?..... hundreds and thousands of dollars! You want to smoke cigs? TAX you to pay for someone else's medical bills!! You want to eat fatty hamburgers and get obese? No problem.... we'll pay for your medical costs. You want to drive a car? TAX the gasoline that you HAVE to have.... you want to take the commuter rail? We'll subsidize you!

Does ANY of this smack of "taxation without representation?" Anyone else thinking about a Tea Party? :shock: