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Old 08-19-2004, 09:42 AM   #1
russotto
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Quote:
Originally Posted by dar512
Many drivers on the road don't drive very well even when stone sober. I consider drunk driving reckless endangerment with a lethal weapon. It's very nearly a textbook definition of irresponsibility.
So if Billy Bob drives better after 3 beers than Jimbo does sober, why is it Billy Bob committing "reckless endangerment"?
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Old 08-19-2004, 01:40 PM   #2
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Quote:
Originally Posted by russotto
So if Billy Bob drives better after 3 beers than Jimbo does sober, why is it Billy Bob committing "reckless endangerment"?
First thing -- how quickly did Billy Bob consume the three beers and how long after the last one did he get in his car and drive away?

Next - you are asking a theoretical question that I'm not convinced applies in real life. Assuming that Jimbo has passed a driving exam at some point, and assuming that Billy Bob drank three beers in an hour and then drove, I don't believe that any Billy Bob will drive better than the sober Jimbo.

In any case, I am sure that Billy Bob sober drives better than Billy Bob with three beers in him. The decision to drive with decreased ability is reckless.
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Old 08-19-2004, 01:49 PM   #3
xoxoxoBruce
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This is always a problem with "one size fits all" laws. There is always so many other factors besides the alcohol consumed that affect your driving.
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Old 08-19-2004, 04:16 PM   #4
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Originally Posted by xoxoxoBruce
This is always a problem with "one size fits all" laws. There is always so many other factors besides the alcohol consumed that affect your driving.
Yeah, try telling that to a judge.
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Old 08-20-2004, 07:00 AM   #5
Cyber Wolf
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Quote:
Originally Posted by xoxoxoBruce
This is always a problem with "one size fits all" laws. There is always so many other factors besides the alcohol consumed that affect your driving.
Sure there are, but the point is the chances of the driver recovering from or reacting to those other factors quickly and most accurately is greatly reduced after alcohol. Alcohol takes effect from the first beer/glass of wine/shot of Rotgut whether you notice or not.
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Old 08-20-2004, 02:07 PM   #6
russotto
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Billy Bob had enough beers that he's at .08 on the way up, will peak at .10.

Jimbo passed a driving exam, but just barely. He managed to use his turn signals and watch for traffic during the exam, but rarely does in real life. He's gotten in many fender-benders as a result but somehow has avoided a major accident or license suspension. Please don't try to tell me this type of person doesn't exist; they do.

Quote:
In any case, I am sure that Billy Bob sober drives better than Billy Bob with three beers in him.
Well, actually, Billy Bob's a bit high-strung and aggressive sober. So I wouldn't be all that sure.

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The decision to drive with decreased ability is reckless
And that's a silly cop-out. It's not reckless to drive when not at 100% of one's ability, provided one's remaining ability is decent.
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Old 08-20-2004, 09:26 PM   #7
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Originally Posted by russotto



And that's a silly cop-out. It's not reckless to drive when not at 100% of one's ability, provided one's remaining ability is decent.
But that is exactly the problem. The very organ that we use to make decisions and access risk factors - the brain - is the one being impacted by the alcohol. Frankly, I don't think its unreasonable to still drive after having had one or even two drinks. More than that and your starting to skate on thin ice (or drive, as the case might be).

Billy Bob's brain tells him that after 4 drinks he's the funniest man in the bar, that every woman will want to go home with him , and that he's the best driver since Mario Andretti. Wrong every time.
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