Comments on: Even When the Killer Driver Is Drunk, Obstacles to Justice Abound http://www.streetsblog.org/2009/11/04/even-when-the-killer-driver-is-drunk-obstacles-to-justice-abound/ Covering the New York City Streets Renaissance Fri, 10 Feb 2012 16:07:00 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Kaja http://www.streetsblog.org/2009/11/04/even-when-the-killer-driver-is-drunk-obstacles-to-justice-abound/comment-page-1/#comment-150181 Kaja Sat, 07 Nov 2009 01:44:44 +0000 http://www.streetsblog.org/?p=84671#comment-150181 Are the twin primary obstacles to justice not the cops and the DA? Are the twin primary obstacles to justice not the cops and the DA?

]]> By: John http://www.streetsblog.org/2009/11/04/even-when-the-killer-driver-is-drunk-obstacles-to-justice-abound/comment-page-1/#comment-150151 John Fri, 06 Nov 2009 22:48:03 +0000 http://www.streetsblog.org/?p=84671#comment-150151 This whole concept that we can't evaluate, monitor, or expect a certain level of competence out of people in cars is getting out of hand. We'll happily toss a 19 year-old who has consensual relations with a 17 year-old in prison and then forever label him a "child predator", but that same 19 year-old can get behind the wheel of a car and kill people and suddenly it's not his fault and we live in an Orwellian society. This happened about 20 years ago when I was living in Atlanta. The woman I was dating was hit by an underage drunk driver (she was 19 or 20). She was clearly drunk. When the police arrived she claimed that while waiting for the police she went into a bar and had a few drinks to calm her nerves. She was then allowed to drive away. I questioned the police officer about this stating she wasn't old enough to drink, no one witnessed her leaving the scene, if she had left the scene that's a crime, no officer went to the bar in question asking if she had been in there, and why as a driver who could barely stand up straight allowed to drive away. He shrugged and walked off. This whole concept that we can’t evaluate, monitor, or expect a certain level of competence out of people in cars is getting out of hand. We’ll happily toss a 19 year-old who has consensual relations with a 17 year-old in prison and then forever label him a “child predator”, but that same 19 year-old can get behind the wheel of a car and kill people and suddenly it’s not his fault and we live in an Orwellian society.

This happened about 20 years ago when I was living in Atlanta. The woman I was dating was hit by an underage drunk driver (she was 19 or 20). She was clearly drunk. When the police arrived she claimed that while waiting for the police she went into a bar and had a few drinks to calm her nerves. She was then allowed to drive away. I questioned the police officer about this stating she wasn’t old enough to drink, no one witnessed her leaving the scene, if she had left the scene that’s a crime, no officer went to the bar in question asking if she had been in there, and why as a driver who could barely stand up straight allowed to drive away. He shrugged and walked off.

]]> By: Cap'n Transit http://www.streetsblog.org/2009/11/04/even-when-the-killer-driver-is-drunk-obstacles-to-justice-abound/comment-page-1/#comment-148691 Cap'n Transit Thu, 05 Nov 2009 00:19:21 +0000 http://www.streetsblog.org/?p=84671#comment-148691 <blockquote>The law itself makes perfect sense and you'd be hard pressed to find anyone who would object to it.</blockquote> Doesn't that violate the Fifth Amendment? Still, I like Omri's version best.

The law itself makes perfect sense and you’d be hard pressed to find anyone who would object to it.

Doesn’t that violate the Fifth Amendment?

Still, I like Omri’s version best.

]]> By: Omri http://www.streetsblog.org/2009/11/04/even-when-the-killer-driver-is-drunk-obstacles-to-justice-abound/comment-page-1/#comment-148631 Omri Wed, 04 Nov 2009 23:10:41 +0000 http://www.streetsblog.org/?p=84671#comment-148631 It's not so much above-the-rest as it is a matter of people really familiar with the system knowing how to game it. It’s not so much above-the-rest as it is a matter of people really familiar with the system knowing how to game it.

]]> By: Sean http://www.streetsblog.org/2009/11/04/even-when-the-killer-driver-is-drunk-obstacles-to-justice-abound/comment-page-1/#comment-148611 Sean Wed, 04 Nov 2009 22:33:46 +0000 http://www.streetsblog.org/?p=84671#comment-148611 In New Jersey, refusing to take a breathalyzer test is legally equivalent to failing the breathalyzer test. The argument is that you'd only turn it down if you'd been drinking. It's become clear by these two incidents that NY does not have a similar law? Or is this an "NYPD above the rest" issue? The law itself makes perfect sense and you'd be hard pressed to find anyone who would object to it. In New Jersey, refusing to take a breathalyzer test is legally equivalent to failing the breathalyzer test. The argument is that you’d only turn it down if you’d been drinking.

It’s become clear by these two incidents that NY does not have a similar law? Or is this an “NYPD above the rest” issue? The law itself makes perfect sense and you’d be hard pressed to find anyone who would object to it.

]]> By: Kaja http://www.streetsblog.org/2009/11/04/even-when-the-killer-driver-is-drunk-obstacles-to-justice-abound/comment-page-1/#comment-148541 Kaja Wed, 04 Nov 2009 21:33:44 +0000 http://www.streetsblog.org/?p=84671#comment-148541 Omri: How dare we hold cops to a higher standard than a lay citizen! Indeed, should not a cop's standard of behavior be far lower than yours or mine, such is their borne burden! Omri: How dare we hold cops to a higher standard than a lay citizen! Indeed, should not a cop’s standard of behavior be far lower than yours or mine, such is their borne burden!

]]> By: Omri http://www.streetsblog.org/2009/11/04/even-when-the-killer-driver-is-drunk-obstacles-to-justice-abound/comment-page-1/#comment-148471 Omri Wed, 04 Nov 2009 20:09:22 +0000 http://www.streetsblog.org/?p=84671#comment-148471 Simple solution: any cop refusing a breathalyzer test or a blood test must hand in his badge. Simple solution: any cop refusing a breathalyzer test or a blood test must hand in his badge.

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