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Interesting Drunk Driving Defense


Subdeacon Joe

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https://www.sfchronicle.com/california/article/ukiah-man-not-guilty-17774009.php

 

A Northern California jury found a Ukiah man not guilty of driving under the influence after deciding his actions were justified after he was caught cheating on his wife, which made his driving “necessary to allow him to escape two angry women,” according to Mendocino County prosecutors.

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You should be surprised??  After seeing the direction that Clownifornia justice has taken in recent years, nothing you see or hear should be surprising!!!!

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I was on a jury that found a Marine not guilty as his defense was that he was fleeing an attack. He claimed that he was at a friends house and they were drinking. He went to get something from his car and was attacked by two men. Police photos showed that his face had been battered somewhat and that his hands were skinned up. 

 

He probably hit himself in the face when being stopped but there was no proof that he had not been attacked so he was found not guilty.

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Last I heard the average DUI Charge in CA would cost one $10,000 when everything is all said and done. Possibly more when fighting it in court. 
 

Just an FYI

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5 minutes ago, Pat Riot, SASS #13748 said:

Last I heard the average DUI Charge in CA would cost one $10,000 when everything is all said and done. Possibly more when fighting it in court. 
 

Just an FYI

Punishment by Process.

We see that a lot in Canada.

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Just now, Cold Lake Kid, SASS # 51474 said:

Punishment by Process.

We see that a lot in Canada.

Yep. Exactly. Great way of describing it. Thanks. 

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10 minutes ago, Pat Riot, SASS #13748 said:

Last I heard the average DUI Charge in CA would cost one $10,000 when everything is all said and done. Possibly more when fighting it in court. 
 

Just an FYI

 

The thing that gets my BP up is the fact that if the accused is found innocent or acquitted, there is no compensation for legal expenses incurred to defend themselves or other financial expenses due to the charge*.

 

That said, there is NEVER a valid excuse for drunk driving. I'm not saying that I've never done it, I have...much younger and a helleva lot more stupid then...still, no excuse.

 

* Many people will get fired from their job due to the charges against them. So much for innocent until proven guilty.

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48 minutes ago, Cypress Sun said:

That said, there is NEVER a valid excuse for drunk driving.

 

You and a buddy are out back and beyond, say on a fishing trip, you've both had a few, you have a heart attack. it will take at least an hour for an ambulance to get there.  Does he say, "Gee, I've had three beers in the last hour, so I can't drive you out. Sorry" or does he shove you into the car and make the drive to the hospital even though he's impaired?|

You're at a party, feeling pretty good (had a few), flirting with a sweet young thing.  Her former boyfriend, against whom she has a restring order, shows up and comes after you with a knife and nothing you or anyone else can do will cause him to stop trying to kill you.  (yes, I know, you have your 18 round whatever and 6 extra magazines - but pretend you are in CA and can't carry) Your only safe option is to drive away, even though you are over the 0.08% limit.  Do you stay and let him carve you up?

 

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48 minutes ago, Subdeacon Joe said:

 

You and a buddy are out back and beyond, say on a fishing trip, you've both had a few, you have a heart attack. it will take at least an hour for an ambulance to get there.  Does he say, "Gee, I've had three beers in the last hour, so I can't drive you out. Sorry" or does he shove you into the car and make the drive to the hospital even though he's impaired?|

You're at a party, feeling pretty good (had a few), flirting with a sweet young thing.  Her former boyfriend, against whom she has a restring order, shows up and comes after you with a knife and nothing you or anyone else can do will cause him to stop trying to kill you.  (yes, I know, you have your 18 round whatever and 6 extra magazines - but pretend you are in CA and can't carry) Your only safe option is to drive away, even though you are over the 0.08% limit.  Do you stay and let him carve you up?

 

 

No disrespect intended Joe. I would never, nor will I ever live in California. I won't pretend that I'm in California, I'm in Florida...I can carry.

 

You've got a good buzz...no, make that a great buzz. You're bud has chest pains. In your drunken exuberance, you rush to drive him to the hospital "because it's quicker than calling 911". Problem is, you run a red light (hey, it was kind of yellow) and t-bone a sedan with a family of four. What's the excuse then?

 

You're at a party, same kind of buzz as above, flirting with some sweet young thing. You don't know that her crazy ex-whatever is watching her. He comes at you with a knife. You (somehow) magically are able to (in the heat of trying to keep your balls from getting cut off) find your keys in your pocket, hit the right button to unlock your vehicle, start the vehicle and exit the situation without incident...other than the getting pulled over by the cops in your escape? 

 

To me, it's all about your options. Main option being to not put yourself in that situation to begin with.

 

That's the kind of facts that I would have to keep in mind if I was on a "panel of peers".

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Dang!!

I assumed this was a case from around 1923.

Holy Cow what a precedent. 

DUI lawyers must be ecstatic.

 

And Poland attacked Nazi Germany first. :rolleyes:

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7 hours ago, Pat Riot, SASS #13748 said:

Last I heard the average DUI Charge in CA would cost one $10,000 when everything is all said and done. Possibly more when fighting it in court. 
 

Just an FYI

Mine cost me that much in 1988 so that is an old number. Something else that is not added to that is lost income and other thing like that, 

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