Probation?

Probation?

When it comes to intoxication assault and intoxication manslaughter the last words a victim or their family wants to hear is that the offender is given probation. In the past few weeks those words were spoken one too many times to the disdain of the victims and their families. This form of punishment for a crime that takes forethought seems so outrages, why?  Because we all know that we shouldn’t drink and drive everyone who drives knows that all it takes is on moment of inattention for a crash to happen. Just a few months ago I watched as a woman put her car in reverse as she went to back out of a parking spot. She reached over for something and the car took off backwards at a high rate of speed and over a curb. as she past in front of me I saw the look of terror in her eyes as the car bounced off the side of a bus stop and slammed into the nail salon behind it. As I ran towards the car I was thinking about the people inside the shop, hoping that nobody was hurt. When I got to the car I saw that it had hit the interior wall and stopped there.  I opened the car door and asked her if she was alright, she was. I then went into the shop through the hole in the glass and knelt down to see if anyone was under or behind the car. I held my breath not knowing what I was about to see. Luckily the area that the car came through was not occupied and no one was hurt.  It took just one second for this lady to take her foot of the clutch and send the car racing into the building. If something like this can happen while someone is sober what about those that think they can handle a car when they are impaired. They make the conscious choice to drink knowing that they’ll be driving later and it’s that choice that makes this crime inexcusable and requires accountability not probation. But we live in a society where others live the old idiom “there but for the grace of God go I” or in plain English - I would likely have experienced or done the same bad thing if God had not been watching over me or some variation of that. So some jurors and judges have that mind set when deciding the punishment of a drunk driver that hurt or killed someone and we get these lenient sentences. Leaving the victim to see no justice and feel victimized again.  With those that choose to drink and drive acting negligently should it not be DWI + DEADLY CONDUCT. The Texas PENAL CODE   states  in Sec. 22.05.   (a) A person commits an offense of DEADLY CONDUCT:  if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. But for now we’re faced with the knowledge that the next person that hurts or kills someone while driving drunk could just get off with probation. And the victims or their families are sentenced to a life heartache and pain. Justice will continue to be held away at arm’s length as long as we as a society continue to accept and practice this deadly conduct.

Those are my thoughts.

What do you think?

Plastered or not

  As most of you may know I have spent a great deal of my time trying to figure out a way that we could effectively address drunk driving now. I know that we made advances in technology that will one day make it impossible to drive drunk. With that on the horizon we know that one day this crime will be completely eradicated and no one will ever suffer injury or death to it again. But for now we must deal with it, and if we are to do that we must start by changing its perception. And by that I mean that we need to have people to see it for what it is.

  Right now the image that comes to mind of a drunk driver is of someone who is totally plastered and can barely walk or form intelligible sentence. It’s that guy or gal that we think is posing a danger to us all and the reason the police are out stopping those that can handle their drink. Most people who drink will never see themselves as a danger to others or even themselves because of that perception. 

  Well the truth is that people that drink then choose to drive are the ones that are posing a danger to us all. It doesn’t take for you to be plastered to be that crazy that most people stay home to avoid after dark or on weekends. For example in a recent article titled “Manassessed 15-year term for drunk-driving death” by Craig Kpitian on Mysa.com, about Rene Cavazos who pleaded no contest to the charge of intoxication manslaughter for the death of Julian Hernandez. Mr. Cavazos was quoted as saying "… I hope one day they see I wasn't out there in a drunken stupor.” And then he continued “I didn't think I made a bad choice… I felt okay."  

  These two statements exemplify the current view that people have about driving drunk. That it’s okay to drive as long as you’re not falling over or staggering when you head for the door.  A while back the NHTSA launched a campaign to get people to realize this, that buzzed driving is drunk driving. I don’t know how effective it was but I know that it opened some eyes. It’s a great campaign; the problem is getting the public to change their mindset on what driving drunk really is. Let’s start with what "Intoxicated" means according to the

Texas penal Code: Sec. 49.01.2 -

(A)  not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body;  or

(B)  Having an alcohol concentration of 0.08 or more.

This is what the “I” in DWI means, that anyone who is not their normal selves because of alcohol or drugs is considered intoxicated. This includes that relaxed warm and happy feeling and you’re not so shy. Then the feeling of being really relaxed and throwing caution to the wind and this is what most people feel after a drink or two.   

So when an officer stops you and ask if you been drinking and you tell him a drink or two are you really your normal self.  The truth is your not, and if you get behind the wheel and drive, you are now driving while intoxicated or as we usually call it driving drunk. Even if you think you’re not. So how do we get people to change the way they think about drinking and driving, well one at a time. It start with you, what you now know you pass it on.  One person at a time we can bring change to our state. We can start by sharing this or something like it. 

  “Dear friends you are a valuable part of this life and to everyone around you. As you know life is unpredictable and to lose you would be devastating, so I am asking you to do this one thing for us all and that is never drink and drive.” 

  

 It may sound corny but in most cases it is true, our family and friends play an integral part of our lives. It's important for us to speak up when it comes to the safety of those around us after all we are all neighbors in this world we live in.

   Remember when it comes to drinking responsibility does matters and everyone must do their part to be safe. So before you go take a minute and go back up and take a look at the two letter word that sits at the end of section A. and before the beginning of section B. of the Texas penal Code: Sec. 49.01.2. It is that little word “OR” that tells us what intoxicated is.  It’s not “and” or “if” but the little word “or” that tells you that you are that drunk driver. Now you know so pass it on.