State Rep let off DWI charges by judge; video shows him pleading with trooper

[Emperor]

The point I was trying to make is that the law does recognize that not everyone who drinks alcohol becomes a drunk (i.e. .08 BAL) , I was just stating that the person that drinks 2 beers, in most cases, isn't impaired, but has to suffer the same consequences as the jackass that chose to binge drink and drive. You're more likely to get killed by a texting teenager than someone who grabbed a couple beers with dinner.

Well then, let me give you something to ponder that's even worse for "casual" dinner drinkers. You are having lunch on Friday with your bud, you both drink 2 maybe 3 beers with your meal. You both leave in separate vehicles. While you are driving through a neighborhood on your way back to work, a little kid runs right in front of you chasing the ball his brother accidentally threw into the street. You kill the child. It all looks like a helpless tragic accident that couldn't be avoided. But then the cops smell a tinge of alcohol on your breath while they are interviewing you. Oh oh! Guess what? Those 3 beers may cost you everything.

Do you think the kid is any less dead because you had 3 beers as opposed to 12? You get the point.

 

[lsu fan]

Well then, let me give you something to ponder that's even worse for "casual" dinner drinkers. You are having lunch on Friday with your bud, you both drink 2 maybe 3 beers with your meal. You both leave in separate vehicles. While you are driving through a neighborhood on your way back to work, a little kid runs right in front of you chasing the ball his brother accidentally threw into the street. You kill the child. It all looks like a helpless tragic accident that couldn't be avoided. But then the cops smell a tinge of alcohol on your breath while they are interviewing you. Oh oh! Guess what? Those 3 beers may cost you everything.

Do you think the kid is any less dead because you had 3 beers as opposed to 12? You get the point.

Trust me... I've already considered that... and I had to sit down and explain the same thing to my wife because she made a few bad decisions in the past. That scenario made her change her ways quickly.

It's a sad situation, but it can, and has, happened....

 

[lsu fan]

And to be clear... I never said that it was ok to drink and drive... I never said that I drink and drive... I simply said I didn't like how someone who drinks a couple of beers, and doesn't get into a collision, has to pay the same price as someone who gets extremely drunk and gets behind the wheel.

 

[general mills]

What gets me is even if a judge decided the stop was unwarrented if I had done it, I'm pretty sure that would not erase the fact that I blew a .125 in court. I can be stopped for no reason at all other than the fact that I may have been drinking (DWI checkpoint) and be convicted, but this guy's is thrown out of court because the stop was unwarrented? No matter how you spin it, I smell fish.

As to the 3 beer, 12 beer argument, I would really like to see some solid statistics on the difference between .08 and .10. I'd be willing to bet that there hasen't been a decrease in alcohol involved traffic incidents, while there has been an increase in DWI charges. I'd also be willing to bet that your statistical chances of causing a traffinc incident are about the same from .00 to .10, while a sharp increase will be seen above this point. I can't help but think going to .08 has done more harm than good to the average responsible person.

 

[Manimal]

IMHO, the Trooper did his job- and the judge did the offender a political favor.

If this had been you or I, what do you think would have happened?? Mr. Badon- the "public servant" who's obviously drunk- immediately starts dropping names and asking for special treatment. The trooper- to his credit- remains professional throughout.

"Business as usual in Louisiana", I'm afraid.

Anyway, watch the video.

http://www.theadvertiser.com/interactive/article/20110622/NEWS01/106220350/Arrest-video-shows-Badon-pleading-state-trooper

this is SOP, nothing to see here...

As cold as State Troopers tend to be to citizens, as a general trend, I commend this officer on a job well done.

 

[Cat]

Yes but the likely hood of injury needs to come into play. The vast majority of people that drive drunk are not involved in vehicle incidents. Shooting into my yard while my kid is in the back is criminally negligent or at least reckless. Acting like there is no difference between the two is like saying banning guns would eliminate any risk of gun crimes so lets do that.

WAIT!!!

Are you saying shooting a gun with kids present is more dangerous than driving drunk? Or are you making that opinion based on both situations involving alcohol. Because you only directly mention alcohol in ONE scenario, I'm very curious if that shooting drunk was implied.

Because otherwise, if you truly think kids and firearms are criminally negligent... Well. Just damn. Idiot doesn't cover it. But you may want to check out the children's shooting comps.


Edit to add: if you meant both situations involve alcohol, I'd agree. There is probably a bigger risk shooting a gun with children beside you. Or an adult for that matter. But a 2nd DWI should be automatic attempted homicide IMO. Or a sentence parallel to it. The first ones are fair I think, if they're enforced and not tossed out.

 

[kz45]

this is SOP, nothing to see here...

As cold as State Troopers tend to be to citizens, as a general trend, I commend this officer on a job well done.

I've ben pulled over by all of them, LSP, BRPD, LPSO, WBRSO, Walker PD. LSP was by far the most polite and professional

 

[jayd]

This isn't about DWIs, this is about legislators who are "More equal" than the masses
Do as I say, not as I do....

 

[Cat]

This isn't about DWIs, this is about legislators who are "More equal" than the masses
Do as I say, not as I do....

True! And unfortunately I think every district has one.

 

[charliepapa]

And to be clear... I never said that it was ok to drink and drive... I never said that I drink and drive... I simply said I didn't like how someone who drinks a couple of beers, and doesn't get into a collision, has to pay the same price as someone who gets extremely drunk and gets behind the wheel.

if you want to have a couple or 3 beers with a meal, ride with someone else or eat at home. it's not as though we're not already aware that not only is it a bad idea, but its also illegal. what's the problem? the stance you've taken reminds me of a joke...

A well-dressed man approached a voluptuously beautiful young woman on the street and said, "Would you have sex with me for a million dollars?"

"For a MILLION dollars?!" she replied, more than a little stunned, "Of course I would!"

"Well, would you have sex with me for twenty five dollars?"

"Twenty five dollars? Don't be ridiculous! What kind of girl do you take me for, anyway?"

"We've already established that; now we're just haggling over price."

 

[CEHollier]

DWI is a victimless and any crime that has no victim except for the person doing the crime is not really a crime at all.

Are you serious? Really.

 

[lsu fan]

if you want to have a couple or 3 beers with a meal, ride with someone else or eat at home. it's not as though we're not already aware that not only is it a bad idea, but its also illegal. what's the problem? the stance you've taken reminds me of a joke...

A well-dressed man approached a voluptuously beautiful young woman on the street and said, "Would you have sex with me for a million dollars?"

"For a MILLION dollars?!" she replied, more than a little stunned, "Of course I would!"

"Well, would you have sex with me for twenty five dollars?"

"Twenty five dollars? Don't be ridiculous! What kind of girl do you take me for, anyway?"

"We've already established that; now we're just haggling over price."

Depending on your size, and the length of dinner, it probably won't be illegal.... http://www.louisiana.edu/Student/Counseling/SLIDDE/BAC_chart.pdf

that being said, I'm sorry I got into this argument...

 

[LACamper]

Nice chart. Good to know I can have 10 drinks per hour and live!

I'm an insurance agent, btw... As far as DUI being a victimless crime (WTF?) I've got plenty of pictures at work of the remains of their victim's cars and could introduce you to quite a few of those victims. Some would be a decidedly one sided conversation in a graveyard though. Were it up to me all cars would have a 10 digit code that would have to be entered very quickly to start the car as a dexterity check. It would also cut down on stolen cars!

 

[rooster]

Ok so I am back. Again I don't feel like addressing all the issues brought up because I have done so at length in other threads but no one can deny a DUI in and of itself is a victimless crime. When the person hits another person or property, then it has a victim.
To break out some stats, it is estimated that each person arrested for DUI has driven 88 time before drunk. 1.5 million DUI arrests means 132 million potential DUIs a year. There is about 6 million car crashes a year TOTAL in the US so assuming each car crash involves alcohol (BIG assumption) that would be 4% of potential DUIs end in an accident.

 

[Emperor]

There is no doubt the laws surrounding the DUI issue have produced an industry in and of itself. Lawyers, penalty fees, insurance increases, etc. Where we are today is scary considering how we got there. MADD is a group founded with the good intentions, but they are no less a lobbying group today than those supporting less restrictions on oil exploration. They were very effective in pursuading legislatures around the country to decrease BAL's over the past 20 years. Afterall, when you present your case and your backdrop is young innocent mangled bodies in destroyed automobiles, you illicit strong emotions from just about anyone.

Is it fair? Not to all! But until the science of understanding starts realizing the motor skills associated with BAL's for you are not equal to motor skills with BAL's for me, then you have what you have. One size fits all!

I do question the continual lowering of BAL's across the board over the past several years and how they have been used to set the bar on other activities. Case and point concealed carry. But I would surmise it's because as younger people were being blamed for DUI deaths, and also innocently being killed by DUI, the emotions du jour was lower the BAL's and that should solve the problem.

Of course it hasn't. Those deterred by the current system would probably have been deterred at .10 as equally as .08, and those that couldn't give a s**t, well; couldn't give a s**t if it was .08 or .80. And alot of this conformity also comes with maturity and wisdom, and success, and family. And the fear and reality of losing any of those things.

If you understand the light speed we are traveling with regard to technology, be looking forward to the day they eventually solve this dilemma. But, for now; to each his own.

 

[rooster]

Rooster, i think you should go into a MADD meeting and have this discussion with them.

I disagree with you that DUI/DWI is victimless.

I talked with a lady one time from MADD, she got very emotional, even down right MAD! Sorry I had to . I understand people's emotional issues with it. I feel the same when people who have had a child killed due to gun violence think guns laws should be stricter. I try to be respectful and not hurt there feeling while getting my point across, but in situations like that people won't and don't want to listen to reason, and I understand that. I do think there are many bigger issues than this to fight about though.

 

[spanky]

I can't necessarily say that I agree with it but I certainly see where you're coming from.

 

[Manimal]

I've ben pulled over by all of them, LSP, BRPD, LPSO, WBRSO, Walker PD. LSP was by far the most polite and professional

Lucky, the one that pulled me over was an *******. Local cops might see you at the grocery store, state cops probably wont and they know it. Anyway, that was my personal experience and most cops...and all decent or better cops, respond to the way you act. I'm very respectful and friendly, and VERY rarely pulled over, so I generally don't have any trouble.

SOP was @ Politicians being let off for DUI and traffic charges especially, but also some other crimes.

I was speaking to a Lt in a Parish I wont name, he said that statistically a person typically drives drunk about 1,000x before they get busted for DUI. I'm not going to question the stat, right or wrong, when people get multiple DUIs they are an extreme danger to the general public because it means they are dangerous, irresponsible, and unaware. The alcohol levels in Louisiana are pretty unforgiving and should possibly be re-evaluated, or there needs to be a different level of DUI given to people that barely fail a breath test and are stopped at DUI Checkpoints, but this politician was flat out drunk.

The system is not currently very fair, but it is what it is. DUI is not victim-less...the death of Ryan Dunn, from Jackass, this week can attest to that. His passenger died because of Dunn's intoxication and willing stupidity.

I think Personal Responsibility is very important and that DUI outcomes should be primarily left in civil and, when needed, criminal courts, prevention should be more of a societal duty, enforcement based on observation, discretion, and reports, and no random checkpoints...laws cannot make a safer society, societal engagement and awareness can and does.

Just my 2 cents on it.

 

[cajunranger]

If anyone wants to run against him when hes up for re-election, keep a copy of the video. Makes for a nice TV ad.

 

[03protege]

Yes but the likely hood of injury needs to come into play. The vast majority of people that drive drunk are not involved in vehicle incidents. Shooting into my yard while my kid is in the back is criminally negligent or at least reckless. Acting like there is no difference between the two is like saying banning guns would eliminate any risk of gun crimes so lets do that.

Isn't driving drunk criminally negligent or at least reckless?