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  • Incredible DUI Death

    http://www.wavy.com/Global/story.asp...nav=menu45_2_1

    I just can't believe this story, so here is my rant. I want to thank you guys in advance for all DUI arrests you make.

    THE RANT:

    One girl in my high school, and a girl from a neighboring high school were killed by a drunk the other night.

    Both were completely sober, sitting at a red light, and were completely buckled in their car, when a drunk came and hit them from behind. The crash killed both the teens, but the drunk, of course, had only a few minor injuries.

    Get this, the drunk had a conviction for DUI from February '07, and also had two prior Public Intox. convictions. Oh, and one more, he was an ILLEGAL immigrant!

    The drunk later blew a .14 after his arrest, and had didn't even have a license, but had paid someone in Florida $200 for a "Mexican ID"

  • #2
    Originally posted by metsfan21
    http://www.wavy.com/Global/story.asp...nav=menu45_2_1

    I just can't believe this story, so here is my rant. I want to thank you guys in advance for all DUI arrests you make.

    THE RANT:

    One girl in my high school, and a girl from a neighboring high school were killed by a drunk the other night.

    Both were completely sober, sitting at a red light, and were completely buckled in their car, when a drunk came and hit them from behind. The crash killed both the teens, but the drunk, of course, had only a few minor injuries.

    Get this, the drunk had a conviction for DUI from February '07, and also had two prior Public Intox. convictions. Oh, and one more, he was an ILLEGAL immigrant!

    The drunk later blew a .14 after his arrest, and had didn't even have a license, but had paid someone in Florida $200 for a "Mexican ID"
    My deepest sympaties for the loss of two young lives. :'(

    Welcome to the real world! LEO face these types of incidents all-too-often! Your community needs to put pressure on the courts and prosecutors, State Legislators and State Courts to enact laws that punish the offender in a more stringent and lasting manner.
    Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

    [George Washington (1732 - 1799)]

    Comment


    • #3
      Condolences.

      Penalties for drunk driving simply aren't stiff enough to keep people from doing it again. And again. And again. Did I meantion they do it again?

      Take a woman I arrested in February: Her blood results were a .12 BAC. When I arrested her, she had been convicted of drunk driving just six days before I nabbed her. She was also driving in violation of her restricted license at 2am (fat lot of good that restriction did). She had just been popped, and she's out doing it again!!!!

      My idea: Since jails and prisons are already over-crowded, and probation is a joke, take the penalties for drunk driving to the civil arena. Civil forfieture, I mean. You get caught driving drunk, your car, which you used to drive drunk, is forfieted to the police department that catches you to dispose of as they please (exactly like we do with drug-runners). After people start losing cars that they still owe $20k on, maybe they will think twice.

      Comment


      • #4
        Sadly, those two are not the only ones. But its sad that they were so young.

        http://abclocal.go.com/ktrk/story?se...cal&id=5157340

        Repeat DWI offender charged with death of two

        (3/27/07 - KTRK/HOUSTON) - Ignacio Gomez-Gutierrez is charged with two counts of intoxication manslaughter as a result of a collision on the northeast side. Now many are asking why he was on the road in the first place.

        Gomez-Gutierrez is accused of intoxication manslaughter. Prosecutors say on Sunday, he slammed his car into one with Maria and Vanessa Ortiz inside.

        "The allegations are the defendant was intoxicated and while driving intoxicated ran into the victim's vehicle and caused an accident that ultimately killed the mother and daughter," said Assistant District Attorney Darin Darby.

        What makes an already tragic situation even more so, is that Gomez-Gutierrez already had three prior DWI convictions. Victim's rights advocate Andy Kahan says he should have been in jail, not behind the wheel.

        "There is an obvious pattern here when you've got 2002, 2004 and 2005 and essentially he was rewarded for being a failure," said Kahan. "Our system rewarded him because they kicked him out when he did what he did best. This guy bared no bones."

        Kahan points to court records that show Gomez-Gutierrez convicted of three DWIs within the past five years. Kahan says a plea bargain during his 2005 DWI allowed Gomez-Gutierrez to become a free man in just a few months.

        "This should be his third offense, which is a felony and it's not and that's troubling," said Kahan.

        Authorities say Vanessa Ortiz was also pregnant. So as Gutierrez sits in jail, Kahan says all he can do is apologize to a devastated family for a legal system that failed.

        "You tell them your family shouldn't have died, she should have given birth three or four months from now, this shouldn't have happened."

        If convicted, Gomez-Guitierrez could face up to 20 years behind bars for the manslaughter charge. He is also charged with failure to render aid, because investigators say when he hit the family, he took off instead of stopping.
        (Copyright © 2007, KTRK-TV)

        ‘Some cause happiness wherever they go; others, whenever they go.’
        Oscar Wilde

        Comment


        • #5
          The guy who wrote A Christmas Story movie was killed yesterday along with his son in a DUI crash on the PAC Coast hwy in Cali.
          Another tragedy
          I got nothing for now

          Comment


          • #6
            Where the real loss of life is.

            Average number of deaths every year from DUI related fatality collisions in the United States: 17,000

            vs.

            US soldiers killed in action since start of Iraq War in 03/2003: 3,266.


            If we estimate DUI related motor vehicle collision deaths for the same time period as the Iraq War you end up with 72,000 dead.


            3,266 vs. 72,000.


            Anyone here who works in an enforcement capacity should be ashamed if you routinely let DUI offenders go. There is arguably no other enforcement action we can take that has more effect on increasing the public safety, especially the safety of the innocent citizen. Your wife, your child, your family members and friends have a much greater chance of being killed by a DUI driver than they ever do of being mugged, raped, or murdered.
            Last edited by Bighead; 04-06-2007, 06:39 AM.
            "A fanatic is one who won't change his mind, and won't change the subject." -Winston Churchill

            "I don't make jokes. I just watch the government and report the facts." -Will Rogers

            "To desire to save these wolves in society may arise from benevolence, but it must be the benevolence of a child or a fool" -Henry Fielding

            Comment


            • #7
              Being arrested for DUI was the best thing that ever happened to me. I never really did it much, but once is one too many. I was caught, and it changed my life forever. I never realized all of the bad things that COULD have happened, and I would have had to live with that forever. I learned my lesson BECAUSE I was arrested, and I don't think I would have learned if I had been let go. I know TOO many people that have been "let off" and didn't learn a damn thing. Going through the proccess, telling my family, sitting in jail, going to classes, seeing videos, going to court with REALLY bad people is was PRICELESS. I don't regret it only because it changed my life, possibly saved it and others because it is something I take VERY seriously now, and it's scary how many people don't take it seriously. To me, it's attempted murder, because half the drunks out there get into a 4,000 pound weapon that's capable of killing many, and they KNOW IT. Long story short, I feel deeply for ANYONE who has lost someone to a DD, and I am sorry from the bottom of my heart for the mistake I made.

              Comment


              • #8
                ah... the system works!
                -2Adam29... 10-8. Code-7

                Comment


                • #9
                  Originally posted by Sabre
                  Condolences.

                  My idea: Since jails and prisons are already over-crowded, and probation is a joke, take the penalties for drunk driving to the civil arena. Civil forfieture, I mean. You get caught driving drunk, your car, which you used to drive drunk, is forfieted to the police department that catches you to dispose of as they please (exactly like we do with drug-runners). After people start losing cars that they still owe $20k on, maybe they will think twice.
                  Been done. The problem has come down to the inherent issues with property. If I loan my car to my friend for a day. Hes stone sober and going to work. And I get a call at 12pm saying my buddies in jail and my car is going to be siezed and forfeited. Is that right? What about rental cars, ex wives, gf's and bf's? It became a legal nightmare that, due to sheer volume, became unmanagable, and therefore not doable.

                  I myself am more in favor of chaingangs and public ridicule. I dont understand why hard labor fell out of favor. Or give an option. Hard labor for 6 months or rot in a 6x7 cell for a year.
                  Question with boldness even the existence of a God; because, if there be one, he must more approve of the homage of reason, than that of blind-folded fear.
                  Thomas Jefferson

                  Two things are infinite: the universe and human stupidity; and I'm not sure about the universe.
                  Albert Einstein

                  Comment


                  • #10
                    Originally posted by Dustin H
                    Being arrested for DUI was the best thing that ever happened to me. I never really did it much, but once is one too many. I was caught, and it changed my life forever. I never realized all of the bad things that COULD have happened, and I would have had to live with that forever. I learned my lesson BECAUSE I was arrested, and I don't think I would have learned if I had been let go. I know TOO many people that have been "let off" and didn't learn a damn thing. Going through the proccess, telling my family, sitting in jail, going to classes, seeing videos, going to court with REALLY bad people is was PRICELESS. I don't regret it only because it changed my life, possibly saved it and others because it is something I take VERY seriously now, and it's scary how many people don't take it seriously. To me, it's attempted murder, because half the drunks out there get into a 4,000 pound weapon that's capable of killing many, and they KNOW IT. Long story short, I feel deeply for ANYONE who has lost someone to a DD, and I am sorry from the bottom of my heart for the mistake I made.

                    Thank you for your honesty.
                    Question with boldness even the existence of a God; because, if there be one, he must more approve of the homage of reason, than that of blind-folded fear.
                    Thomas Jefferson

                    Two things are infinite: the universe and human stupidity; and I'm not sure about the universe.
                    Albert Einstein

                    Comment


                    • #11
                      I popped one yesterday morning about 2:45am. He had a prior in 2004. Mandartoy jail time for second offense is 45 days. Not sure if it will curve him or not, dumba**.

                      The hispanic population has been a serious ongoing problem in TN with DUI's. Not specifically just Mexicans, but Guatemalans and Hondurans. Towards the end of 2006 there were several high profile DUI-related fatalities that involved hispanic (and mostly illegal) drivers. MADD is now heavy into the playing field. Although Hispanics account for about 6 - 7% of our population in TN, they accounted for 17% of the DUI-related fatalities. That doesn't sound like a big number, but it is huge compared to the other ethnic figures.

                      I think the only thing that can be done is to do what Sabre mentioned and hit them in the pockets. Jail time is obviously not curving the problem. Maybe if we take their car and other assets every time they get popped, it may help.
                      I'm 10-8 like a shark in a sea of crime..

                      Comment


                      • #12
                        very sad

                        I will pray for the families of these two young girls...I grew up in Va. Beach, and know this exact intersection. The saddest part of the story is the subject was illegally in the U.S. Any illegal immigrant that is convicted of any felony should be deported immediately. This would have never occurred. I just shake my head as the Congress of the U.S. ties the hands of Federal Officers to enforce immigration law

                        Comment


                        • #13
                          The problem with seizing their assets would be proof of ownership. If the vehicle is paid for (seriously doubt it) then it can be seized. If there cannot be a connection with the vehicle and driver (wife, husband, live-in g/f or b/f) then it cannot be seized. I do believe the owner of the vehicle should feel the impact since they are taking a chance loaning it out.

                          Yes, we should deport them but you know what? They'll be back. Something just short of tatooing them should be devised.
                          I am a Native American of non-Indian decent.

                          Cleaning the pool, one gene at a time.

                          I'm on a 30 day diet. So far I've lost 15 days!

                          Comment


                          • #14
                            Originally posted by Tunkle
                            The problem with seizing their assets would be proof of ownership. If the vehicle is paid for (seriously doubt it) then it can be seized. If there cannot be a connection with the vehicle and driver (wife, husband, live-in g/f or b/f) then it cannot be seized. I do believe the owner of the vehicle should feel the impact since they are taking a chance loaning it out.
                            Michigan law allows us to seize items used in a crime if the criminal owns the property, or if the owner knew of the intended use. So, if somebody loans their car to a buddy to go buy drugs, it's fair game. The standard of fact for a forfeiture is, I believe (but am not sure), a preponderance of the evidence. In some cases (again, think so, but not 100%) it can be as little a probable cause.

                            It doesn't respect paid for vs. not paid for. If a vehicle with a lien is seized, the owner is still responsible for the loan. That is where the real punishment would be. No more truck, but they still have 25k to pay on it.

                            That said, I have gone over Michigan's civil forfeiture law, and I can't seem to make it apply to drunk drivers

                            Comment


                            • #15
                              If seizing vehicles would be a legal headache, then charge the offender minimum $3k-$5k for first offense DUI and double it each offense thereafter.
                              I'm 10-8 like a shark in a sea of crime..

                              Comment

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