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Bradford County Court News 1/3


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Bradford County District Attorney Daniel J. Barrett announced that the following persons were sentenced in the Bradford County Court of Common Pleas, Towanda, Pa.:

Cody A. Schoffner, 22, Towanda, Pa., was sentenced to imprisonment in the Bradford County Correctional Facility of from five days to 12 months, and a fine of $1500, for two counts of Driving Under the Influence of Alcohol, each a misdemeanor, offenses to which Schoffner plead guilty at an earlier proceeding. Schoffner will also lose his Pennsylvania driving privilege for 24 months. Officer Brian Wibirt of the Canton Borough Police Department arrested Barnes for the offense in October 2007 after an incident in Canton Borough. Officer Derek Watkins of the Sayre Borough Police Department and Sergeant James Shaw arrested Schoffner for the offenses in March and May 2009, respectively, following incidents in Sayre Borough and Athens Township. Schoffner may be eligible for parole after serving the minimum sentence, and, if paroled, he will be subject to supervision and monitoring by the Bradford County Probation Department.

Wendy S. Polzella, 37, Tupper Lake, N.Y., was sentenced to imprisonment in the Bradford County Correctional Facility of from 48 hours to six months, and a fine of $500, for Driving Under the Influence of Alcohol, a misdemeanor, an offense to which Polzella plead guilty at an earlier proceeding. Polzella will also lose her Pennsylvania driving privilege for 12 months. Officer Bruce Hoffman of the Sayre Borough Police Department arrested Polzella for the offense in March 2009 after an incident in Sayre Borough. Polzella may be eligible for parole after serving the minimum sentence, and, if paroled, she will be subject to supervision and monitoring by the Bradford County Probation Department.

Andrew S. May, 49, Canton, Pa., was sentenced to a term of imprisonment of from four months to 24 months, and a fine of $1500, for Driving Under the Influence of Alcohol, a misdemeanor of the first degree, an offense to which May plead guilty at an earlier proceeding. May was also ordered to pay restitution in the amount of $27576.04 and he will lose his Pennsylvania driving privilege for 18 months. Trooper Andrew Burian of the Pennsylvania State Police arrested May for the offense in December 2008 after an incident in Canton Township. May may be eligible for parole after serving the minimum sentence, and, if paroled, he will be subject to supervision and monitoring by the Bradford County Probation Department.

Todd B. Stroud, 20, Towanda, Pa., was sentenced to Probation for a total term of 18 months, and a total fine of $200, for two counts of Receiving Stolen Property, each a misdemeanor of the first degree, offenses to which Stroud plead guilty at an earlier proceeding. Trooper James Kerrick of the Pennsylvania State Police arrested Stroud for the offenses in May 2009 after an incident in Wysox Township. While on Probation, Stroud will be subject to supervision and monitoring by the Bradford County Probation Department.

Jeffrey R. Kunkle, 20, Mehoopany, Pa., was sentenced to imprisonment in the Bradford County Correctional Facility of from one month to 18 months, and a fine of $600, for Theft By Unlawful Taking, a misdemeanor of the first degree, an offense to which Kunkle plead guilty at an earlier proceeding. Sergeant John Strozyk of the Towanda Borough Police Department arrested Kunkle for the offense in February 2009 after an incident in Towanda Borough. Kunkle may be eligible for parole after serving the minimum sentence, and, if paroled, he will be subject to supervision and monitoring by the Bradford County Probation Department

Scott D. Hudson, 20, Towanda, Pa., was sentenced to Probation for a term of one year, and a fine of $500, for Possession of Drug Paraphernalia, a misdemeanor. Hudson was found guilty of the offense by a jury after criminal trial in the Bradford County Court of Common Pleas. An agent of the Bradford County Drug Task Force arrested Hudson for the offense in June 2009 after an incident in Towanda Borough. While on Probation, Hudson will be subject to supervision and monitoring by the Bradford County Probation Department.

Jason M. Berquist, 25, Sayre, Pa., was sentenced to Probation for a term of 24 months, and a fine of $1000, for Access Device Fraud, a felony of the third degree, an offense to which Berquist plead guilty at an earlier proceeding. Berquist was also ordered to pay restitution in the amount of $6978.73. Trooper James Kerrick of the Pennsylvania State Police arrested Berquist for the offense in July 2009 after an incident in Litchfield Township.

While on Probation, Berquist will be subject to supervision and monitoring by the Bradford County Probation Department.

Jeffrey E. Coats, 45, Canton, Pa., was sentenced to imprisonment in the Bradford County Correctional Facility of from five days to six months, and a fine of $1000, for Driving Under the Influence of Alcohol, a misdemeanor, an offense to which Coats plead guilty at an earlier proceeding. Coats will also lose his Pennsylvania driving privilege for 12 months. Officer Brian Wibirt of the Canton Borough Police Department arrested Coats for the offense in May 2009 after an incident in Canton Borough. Coats may be eligible for parole after serving the minimum sentence, and, if paroled, he will be subject to supervision and monitoring by the Bradford County Probation Department.

Bradford County District Attorney Daniel J. Barrett announced that the following person entered a plea of guilty and was sentenced in Bradford County Magisterial District Court:

Adam J. Oliver, 33, Sugar Run, Pa., plead guilty before Magisterial District Judge Fred Wheaton to Harassment, a summary offense, and was sentenced to time served in the Bradford County Correctional Facility as of the date of sentencing. Trooper Joseph Mitchell of the Pennsylvania State Police arrested Oliver for the offense in November 2009 following investigation of an incident that occurred in Wilmot Township.

Bradford County District Attorney Daniel J. Barrett announced that the following persons were sentenced in the Bradford County Court of Common Pleas, Towanda, Pa.:

Damien S. Ward, 32, Canton, Pa., was sentenced to a total term of imprisonment in Bradford County Correctional Facility of from one month to 12 months for Possession of Drug Paraphernalia, a misdemeanor, an offense to which Ward plead guilty at an earlier proceeding. Chief Detective Greg Hostettler of the Bradford County District Attorney's Office arrested Ward for the offense in April 2009, after an incident in Canton Borough. Ward may be eligible for parole after serving the minimum sentence, and, if paroled, he will be subject to supervision and monitoring by the Bradford County Probation Department.

Robert W. Vanderpool, 38, Towanda, Pa., was sentenced to County Intermediate Punishment for 18 months with imprisonment for 45 days, house arrest under electronic supervision for 45 days, and the remainder of the sentence to be served on Probation. Vanderpool was also ordered to pay a fine of $1,500 and he will lose his Pennsylvania driving privilege for 12 months. The sentence was imposed following Vanderpool's earlier guilty plea to the offense of Driving under the Influence of Alcohol, a misdemeanor. Officer Derek Dekar of the Athens Borough Police Department arrested Vanderpool for the offense in August 2009 after an incident in Athens Borough. While on County Intermediate Punishment, Vanderpool will be subject to supervision and monitoring by the Bradford County Probation Department.

Daniel J. O'Donnell, 26, Sayre, Pa., was sentenced to a total term of imprisonment in the Bradford County Correctional Facility of from five months to 18 months, and a total fine of $1050, for Access Device Fraud, a misdemeanor of the first degree; two counts of Theft By Unlawful Taking, each a misdemeanor of the first degree; and Possession of Drug Paraphernalia, a misdemeanor, O'Donnell, whose sentence was imposed following his earlier guilty plea to the offenses, was also ordered to pay restitution in the amount of $400. Chief Detective Greg Hostettler of the District Attorney's Office and Sergeant James Shaw of the Athens Township Police Department arrested O'Donnell for the offenses in April and August, respectively, after incidents in Canton Borough and Athens Borough. O'Donnell may eligible for parole after serving the minimum sentence, and, if paroled, he will be subject to supervision and monitoring by the Bradford County Probation Department.

Jason E. Whitten, 23, Elmira, N.Y., was sentenced to a term of imprisonment in the Bradford County Correctional Facility of from 90 days to 18 months, and a fine of $1500, for Driving Under the Influence of Alcohol, a misdemeanor of the first degree, an offense to which Whitten plead guilty at an earlier proceeding. Whitten will also lose his Pennsylvania driving privilege for 18 months. Officer Jeremy Horton of the Sayre Borough Police Department arrested Whitten for the offense in June 2009 after an incident in Sayre Borough. Whitten may be eligible for parole after serving the minimum sentence, and, if paroled, he will be subject to supervision and monitoring by the Bradford County Probation Department.

Shane R. Vanderpool, 31, Towanda, Pa., was sentenced to a total term of imprisonment in the Bradford County Correctional Facility of from 72 hours to six months, and a fine of $1000, for Driving Under the Influence of Alcohol, a misdemeanor, an offense to which Vanderpool plead guilty at an earlier proceeding. Vanderpool will also lose his Pennsylvania driving privilege for 12 months. Trooper David Sweeney of the Pennsylvania State Police arrested Vanderpool for the offense in June 2009. Vanderpool may be eligible for parole after serving the minimum sentence, and, if paroled, he will be subject to supervision and monitoring by the Bradford County Probation Department.

Scott E. Moore, 50, Canton, Pa., was sentenced to a term of imprisonment in the Bradford County Correctional Facility of from 90 days to 18 months, and a fine of $1500, for Driving Under the Influence of Alcohol, a misdemeanor of the first degree, an offense to which Moore plead guilty at an earlier proceeding. Moore will also lose his Pennsylvania driving privilege for 18 months. Trooper David Sweeney of the Pennsylvania State Police arrested Moore for the offense in June 2009 after an incident in Canton Township. Moore may be eligible for parole after serving the minimum sentence, and, if paroled, he will be subject to supervision and monitoring by the Bradford County Probation Department.

Bernard T. Baker, III, 27, Granville Summit, Pa., was sentenced to a term of imprisonment in the Bradford County Correctional Facility of from 12 months to 24 months, Probation for a term of two years, and a total fine of $550, for Burglary, a felony of the second degree, and Theft By Unlawful Taking, a misdemeanor of the first degree. Baker was also ordered to pay restitution in the amount of $137. Baker's sentence was imposed following his earlier guilty pleas to the offenses. Trooper Jeffrey Sredenschek of the Pennsylvania State Police arrested Baker for the offenses in connection with incidents in Troy Borough and Columbia Township. Baker may be eligible for parole after serving the minimum sentences, and, if paroled, and while on Probation, he will be subject to supervision and monitoring by the Bradford County Probation Department.

Lloyd Bailey Jr., 26, Wysox, Pa., was sentenced to a term of imprisonment in the Bradford County Correctional Facility of from 72 hours to six months, and a fine of $1000, for Driving Under the Influence of Alcohol, a misdemeanor, an offense to which Bailey plead guilty at an earlier proceeding. Bailey will also lose his Pennsylvania driving privilege for 12 months. Trooper David Sweeney of the Pennsylvania State Police arrested Bailey for the offense in March 2009 following an incident in Wysox Township. Bailey may be eligible for parole after serving the minimum sentence, and, if paroled, he will be subject to supervision and monitoring by the Bradford County Probation Department.

Steffan Miller, 21, Columbia Cross Roads, Pa., was sentenced to a term of imprisonment in the Bradford County Correctional Facility of from 38 days to one year, Probation for a term of one year, and a fine of $700, for Simple Assault, a misdemeanor of the second degree, and Recklessly Endangering Another Person, a misdemeanor of the second degree. Miller's sentence was imposed following his earlier guilty pleas to the offenses. Trooper Jaime Lopez of the Pennsylvania State Police arrested Miller for the offenses in July 2009 after an incident in Ridgebury Township.

Miller may be eligible for parole after serving the minimum sentence, and, if paroled, and while on Probation, he will be subject to supervision and monitoring by the Bradford County Probation Department.

Machelle R. Grier, 30, Sayre, Pa., was sentenced to imprisonment in the Bradford County Correctional Facility of from 72 hours to six months, and a fine of $750, for Driving Under the Influence of Alcohol, a misdemeanor, an offense to which Grier plead guilty at an earlier proceeding. Grier will also lose her Pennsylvania driving privilege for 12 months. Officer George Nichols of the South Waverly Borough Police Department arrested Grier for the offense in April 2008 after an incident in South Waverly Borough. Grier may be eligible for parole after serving the minimum sentence, and, if paroled, she will be subject to supervision and monitoring by the Bradford County Probation Department.

Robert W. Stevens, Jr., 37, Ulster, Pa., was sentenced to a term of imprisonment in the Bradford County Correctional Facility of from 30 days to six months, and a fine of $1000, for Driving Under the Influence of Alcohol, a misdemeanor, an offense to which Stevens plead guilty at an earlier proceeding. Stevens will also lose his Pennsylvania driving privilege for 12 months. Officer Newton Condict, IV, of the Athens Borough Police Department arrested Stevens for the offense in October 2008 after an incident in Athens Borough. Stevens may be eligible for parole after serving the minimum sentence, and, if paroled, he will be subject to supervision and monitoring by the Bradford County Probation Department.

Christopher F. Toth, 43, of Canton, Pa., was sentenced to a total term of imprisonment in a Pennsylvania State Correctional Facility of from 12 months and 60 days to 24 months, and a total fine of $700, for Simple Assault Using a Deadly Weapon, a misdemeanor of the second degree, and Disorderly Conduct, a summary offense, violations to which Toth plead guilty at an earlier proceeding. Officer Brian Wibirt of the Canton Borough Police Department arrested Toth for the offenses in June 2009 after an incident in Canton Borough. Toth may be eligible for parole after serving the minimum sentence, and, if paroled, he will be subject to supervision and monitoring by the Pennsylvania Board of Probation and Parole.







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32 posted comments

Hey soapbox, it is a fact and you can ask a cop this too, but that many sober people will fail a sobriety test when they are stone sober. From what I understand that number is around 46%. Strangely there are some people that are just not that good at walking straight lines or whatever. Yes it is the LAW. Perhaps the law might be a bit over the top at .08. I would have a hard time if one of my family was killed yes, and so would anyone, but that certainly doesn't seem to be the case anymore. What I also don't have a lot of sympathy for is a whole bunch of kids who jump in a car and they are all drunk, and the driver is the one who gets in trouble. I don't know why, but for some reason usually that poor dumb bell was probably the most sober and the family is all up in arms over how they lost their kid. Well guess what, they raised that kid, and this is what their child chose to do. I know this sounds a bit harsh, but if all of them were drinking well then I feel they all were a bit responsible so don't just blame the one who got suckered into the blame. That Federal law was mostly put through for road revenue. Since gas became so much more expensive so did asphalt and things that we use to put make our roads. That is where a lot of our money does go. I just don't understand why in rural counties they can't use some of this money from the DUI's to pay for some kind of taxi service, and also have some of the bars pay for it too. I would think it would help with their liability insurance if they would participate in it.
Fed up 01/08/10 11:15
TPAC - So checking back on your other posts here, do you think the lowered BAC limit was to generate MORE revenue or less? You ask where the money goes from all these DUI's and then later on ask who pays for the incarcerations, etc. Well, I'd have to venture that the increased revenue from the DUI's pay for at least a portion of that. Also, the argument is that we would have been ineligible for FEDERAL DOLLARS if we did not adopt the lower BAC limit. You would likely have seen MORE of a tax increase than you already have if we had to make up for the lost federal money somehow. The farce is that you think that just because your taxes have gone up since the lowering of the BAC limit that your taxes aren't actually LOWER than what they would have been without the lower limit.
Get a clue 01/08/10 5:53
ATTENTION POLICE I found the guy that jumped the customs barrier at the airport shutting it down....it was TPAC. He is special and does need to follow conventional law. TPAC, Taxes are a fact of life. NO ONE said you could not stop for a beer after work. However...in reality (unless you are vertically challanged or from over the rainbow) a beer or two puts you no where near .08. Pounding a sixer after work at the motel however may! I mean really With all this gripping about having to follow the law you make me wonder: Should you not face screaning at an airport. Is it ok for you to speed since you are in more of a hurry than the rest of the world, Is it ok for you to kill your neighbor becuase he makes you angry? TPAC I think you should consider buying a nice plot of Montana land, buy a hoodie and some cool 70s era glasses and realize your true dreams. Please so us all a favor and have a drink and relax.
Soapbox 01/08/10 4:03
No, I am not willing to pay more in taxes.I pay enough in taxes every year..Thank you. Between income taxes, property taxes, etc. I pay my fair share. I work every day of the week. I should be able to stop and have a drink if I so desire without the threat of getting arrested, losing my license and paying thousands of dollars and even perhaps going to jail. If anything, my taxes have gone up, definately not lowered, due to all of this extra revenue since they have lowered the BAC to .08. So, that is an absolute farce that anyone will see tax breaks from more arrests due to more DUI's. Who pays for the incarcerations, public defenders, etc for these new DUI arrests? We do, that's who! Again, costing me more money. Quite frankly, I am pretty tired of the federal and local governments costing ME more money over their stupid ideas to make THEM more money. Then tell me I can't leave my house because I've had A beer.
TPAC 01/08/10 12:37
RetPO and Paul, Give it up guys...You are obviosly playing a game of clue with the clueless. It amazes me to see these comments. If you Kids were killed by someone who was .081 and a cop let them drive you would be in an uproar for that cop to go to jail. to say a cop should let you go for BREAKING A LAW is simply put STUPID! yes .08 is based off of insurance standards, But that is because the national epidemic of DUIs needed to be curtailed. I cannot fathom (if i were a cop) looking Bubba in the eyes and say...AHHH Man i am sure you can make it home...just be safe...and try not to kill my wife and kinds on the way home.....that is ignorant! This all boils down to: If you get pulled over and hav enot been drinking ..you hav enothing to worry about (unless maybe you are nervious about the portable meth lab in the trunk) If you have been drinking...you have alread failed by not having a plan. As an adult you need to make the adult decision. Drink,dont drive is a valid motto. Also to speak to the operational capabilities of an intoxicated person at .08 or so..Umm don't cops perform a field sobriety test to check how well your motor functions are performing???? Seems to me if you are not messed up and can pass that without your eyes rolling into the back of you head you may not get arrested...though you should know better thant to try to push that limit. I think your right PO/.....seems like somoene on here got aressted annd or had to perform the FST out on the street in front of their friends cause maybe therye were a littel to close to .08. you all crack me up....COME ON ..ITS THE LAW!!!
Soapbox 01/08/10 10:41
TPAC, I for one would pay higher taxes if we would throw out the BAC junk and rely on an officer's assessment as to the level of impairment. Since we should be raising gasoline taxes anyway, use that money also. And for 'Thankful', I think it's the haircut more than the badge. And I also would like to see an accounting of county revenues from DUI arrests, and see where the money goes.
withheld by request 01/08/10 7:48
Yes former PO, the reason the level went down was because it was tied to a Federal Highway Bill that was also lobbied on in Washington by the Insurance Industry. However, now what is happening is we keep getting more and more police officers, and yes there are many very polite, and decent ones, but there are also some that get quite an attitude as soon as you put a badge on them. Also this also does cost a lot of money. We have more DA's and court clerks and everything else to pay for all of this, and the insurance company also charges more for the drunks. Who is really winning in all of this. The laws used to be ridiculous when people were being killed, but now that taxes and the economy are out of control, perhaps this is something that should be looked at. I respect your years of service, and your badge. I do not go out and break laws, but I do not only have a problem with .08. I have a problem with plenty of other things that people think the police should have to handle nowadays as well. I think our taxes are too high. The police should not be paid a pittance, and should be paid a wage that gives them a decent living so they don't have to work three jobs as well, but basically the world we live in is run by lobbyists, and there are a lot of people that just don't get it. .08 should have never got forced down the states throats because now we are all stuck paying for it, and yes we would have lost federal funding had we not agreed to it. You are very well informed Mr. Former Officer, and I am glad to have read your take on this.
Thankful 01/07/10 5:55
TPAC - If we were to not receive that federal money, we would have to make up for it, whether from increased taxes or elsewhere, so we may very well be seeing a tax break from the lowered BAC limit due to the influx of federal dollars. Would you be willing to pay more in taxes to make up for the loss of federal assistance in order for the BAC to be raised?
?? 01/07/10 4:40
Retired PO.. you said it yourself .08 or loss of federal money. It all boils down to money. I'll say it again, I do not agree with someone driving around totally drunk. That is wrong and it is dangerous. The .08 is what is wrong. I would like to know how much money this state generates in one year on low BAC DUI's. Where does all of that money even go? I know I sure don't see it and I don't see any tax breaks from this revenue. I can respect the law and what police officers do, what I can't respect are some of the tactics used, especially for something like this. If anyone read the Times Leader or watched the news lately, what about the Judge that admitted to having a drink or two before his accident, what about leaving the scene of an accident and not reporting it until the next day? Would the average person get away with something like that? You can bet not. The laws on DUI not only boil down to money but how it's handled boils down to who you are or who you know. That, too, is just plain wrong.
Tax Paying American Citizen 01/07/10 2:15
Looking at some of these comments is quite amusing, especially from the "the law is too tough, police are bad " whiners like "not so commone" & "tax paying american citizen". Let me clear a few things up for you guys.

The reason the level went down to .08 had nothing to do with revenue generation, but more to do with potential revenue loss. Congress enacted legislation that told the states that unless the level went down to .08, states would lose tens of millions of dollars in Federal transportation dollars. Pennsylvania was one of the last states to come in line. Somehow I do not think you fellas would want to make up the difference in revenue loss.

Do cops watch bars?, not as often as people seem to think, but yes they do from time to time. The reason is obvious. Police are charged with dealing with dangers to the public. There are a lot of people who drink irresponsibly and then drive. Some bars are better, or worse, than others in dealing with these people. These drivers then go out and injure themselves or others. No brainer here.

Spare me the drivel about being out looking for other crimes. Of course they look for, and enjoy arresting I might add, robbers and drug dealers. I most always found such comments to be "sour grapes" coming from arrestee's, their families or friends.

As to taking someone home who is driving drunk, a couple of reasons why not. First, police are not the drivers personal chauffeur. The drivers supposedly are adults and should have a sense of personal responsibility. Second, if you take a driver home and they then turn around and go right out the door and drive again, the officer and department assumes legal liability for any subsequent injuries the driver causes. Same thing for leaving someone in a vehicle to "sleep it off". Far fetched? Nope. Departments and officers have been successfully sued in such cases in our wonderfully litigious society for significant monetary damages. By the way, the local taxpayers would pick the cost for the department being sued and any damages that were awarded.

The ingestion of a chemical substance such as alcohol into your body changes the way you react and perceive things. Simple fact. This can be dangerous to society when you operate a motor vehicle. The more of it you ingest, the more impairment. Society has established what the acceptable limit of that impairment is. If you exceed that limit and are caught, do not be a whining crybaby. Act like an adult, take responsibility for what did and change that behavior in the future. If more people did that you would not see so many entries in the paper.

RetiredPO 01/07/10 10:24
Natasha & Bill B,

Why don't u just go back to reading the old man written paper then. These comments were more exciting than anything I have read in this boring rag in a long time. Sorry, apparently some people have strong opinions on it. So sorry they know how to write. Perhaps when you get to the comments section you should just skip over it next time.

What a couple of duhs 01/06/10 7:23
Bill B and natasha - both have a valid point. going over and over the same ole stuff is not productive nor informative. keep it short and to the point, makes for a better debate. hello, administrator, what is your opinion?
ken 01/06/10 5:03
No, Natasha is right. Those who are posting more than a paragraph of a few sentences don't understand the structure of this new media. Write a letter to the editor. Read the Philly Inquirer online, or the New York Times, or the Wall Street Journal. The moderators of the sites don't allow more than a few hundred characters per post. Those who write over 1,000 words on here are the ones "who need something else in their life." Writing novels out of one's opinion bogs down other folks' arguments and makes it impossible to provide an opinion on the ACTUAL newspaper article.
Bill B. 01/06/10 2:09
Paul, I should have stated that my comments were my opinion only. We bought breathalyzers for our kids for Christmas, although they know to call home if they are out, have been drinking, and need a ride. They never will drive after even one drink. In my younger and stupider youth, I passed a number of field sobriety tests when I know I could have never passed a blood alcohol or breathalyzer test. I have never been stopped for erratic driving but have been pulled over for expired inspection or a burned out bulb or at a checkpoint. In each case the officer asked where I was going, and after questioning me, made a judgement that I was OK to do so, cautioned me to be careful, and sent me on my way. As "never convince me" says, I am an older and more experienced driver and one time heavy drinker. Since my employment depends on a driver's license, I obviously don't drive if there is any danger of my blood alcohol level being above the legal limit. At present, drivers are in much greater danger from cell phone users or from people trying to find their favorite song on their I-pod than they are from alcohol impaired drivers. My opinion only.
not so common 01/06/10 1:34
Not so common....Thank You!
In my defense, I don't think that the DUI laws ought to be taken away. I said before that I don't think that someone should be totally drunk out driving around. My point is that the DUI laws are out of control. .08 is just plain STUPID. It's just a big money grab. They lower the BAC and can arrest someone and drain them dry for having a drink or two...to me that is just plain wrong. It's an easy arrest and it's easy money. To not convinced:...your absolutely correct...cops do wait around bars and such, watching and waiting. You can bet on that! You would think that with all the drug use, robberies, etc. they would be lurking around that instead of sitting outside of a bar. I would also like to know who arrests the off duty cop when they are out "unwinding"? NOBODY, that's who.
Tax Paying American Citizen 01/06/10 1:20
Paul, I myself am not "throwing around" a statement. A person who is an older driver is more used to driving, and also probably a bit used to drinking as well, and .08 is a low threshold. I looked up a few things myself, and I did see that in the UK it is up to the discretion of the officer after giving them their breath test. Yes impairment does start at .04, but when does it start for someone who doesn't understand their GPS, or their cell phone? Wake up folks? And Natasha don't read the comments then, you sound like you need something else in your life. All I am saying is that .08 is somewhat low, and I have yet to hear of anyone getting even in car accident when that has happened. Also, do not tell me that it the cops don't mark the cars because I have dated former police officers in the past. They do have their tricks and there are several. Remember some of these laws were pushed through by the insurance lobby. If you have someone that is actually out and caught with a .15 or even higher they should at least spend 30 days in jail no questions asked, but lets get real.
You will not convince me 01/06/10 11:23
You state "Most drivers at a BAC of .08 are fine to drive. Many at twice that rate are also". How did you even come up with that idea? Do you carry around a breathalyzer and test "most drivers", then judge their ability to drive? Not trying to nitpick... it's just a really silly statement that gets thrown around all the time in these debates.

Most folks either don't know or don't care about why these drunks are being pulled over in the first place. The cop-bashers always say that the police sit outside the bars and snatch whoever walks out, or pull people over just for the fun of it. Typical lame excuse. These drunks are swerving, speeding, driving erratically, passed out behind the wheel, or have already crashed. They are not fine to drive. If they were, they wouldn't be in that situation in the first place. Sure, once in a while you see an oddball case of someone getting a DUI while mowing their lawn, riding a horse, or sleeping in the back seat... but they're rare and are definitely up for interpretation.

Regardless of anyone's opinion on DUI laws, it's a proven medical fact that physical impairment typically starts at a BAC of about .04%, which is why the majority of the world caps their limits at around that number. Sure, some people have a higher tolerance than others, but by the time they get to .08, it simply isn't possible to have zero effect. DUI isn't just a question of whether or not you "only had a beer or two" (another lame excuse). The entire purpose of the field sobriety test is to judge your physical impairment, not how many drinks you had. So I must ask... if these folks are such great drivers while drunk, why can't they pass this simple test? I know, I know... it's always a "bum leg" or "lazy eye". Eh, no.

But enough with my rambling. What's the answer? Eliminate DUI laws completely? If habitual drunk drivers have little to no fear of prosecution as it is, how will loosening the laws help? It won't. In 1982, 60% of auto fatalities were alcohol related. Despite the total fatalities remaining roughly the same, the alcohol related fatality rate was down to 37% in 2008. I have no doubt that the stricter laws and better enforcement is the primary factor in that decrease.

I realize that my view will not be accepted here regardless of what I say, so I will back away from this discussion with a few final words for the folks who actually care. Opinions on DUI will always differ, but the numbers don't lie. Increased awareness and enforcement is directly responsible for the decreased alcohol related fatality rate. The vocal opinion in this county is that the police are too harsh with these laws, yet this county continues to have an above-average DUI crash rate when compared to the rest of the country. Unless anyone has any better ideas (maybe a little personal responsibility?), enforcement is clearly the answer.

Paul 01/06/10 8:11
Natasha, From a legal standpoint, you're wrong. Brief enough for you?
Marty 01/06/10 7:59
A comment is not a big long disertation like you all are doing. A comment is a couple of sentences. This is a comment: "Drinking and driving is illegal. DUI means "driving under the influence", one drink and then you drive...that is under the influence. Do not drink and drive!!" You all are boring when you go on and on and on....leave your comment and then stop!
natasha 01/06/10 12:21
T.P.A.C. Thank you. You summed it up pretty well. If you look at the Sunday paper's listing of 'crimes' each week, you see a lot more drinking-driving arrests than all other crimes combined. That should tell you something's wrong. What's wrong is the mind-set that every driver who has been drinking needs to be put through the court system. What happened to the idea of letting the officer make a judgment as to whether the person is safe to drive home, or needs to call somebody to come get them. Most drivers at a BAC of .08 are fine to drive. Many at twice that rate are also. A former police chief in our area, in twenty-plus years on the job, never made an arrest for DUI. If he didn't think the person could drive home, he arranged for someone to come get the driver, or he let them sleep it off. I fully understand that a police officer who let some impaired driver go, would be in major trouble if that driver subsequently caused an accident. I have a lot more questions about this situation than I have answers, but as with the issue of teenagers having sex, you are never going to stop the behavior and it's unlikely you will even change it significantly with laws or tougher enforcement. People are going to drink socially, and they are going to make a judgment about whether they are safe to drive or not. Russia recently addressed its people's growing drinking problem by doubling the price of consumer alcohol. We probably can't increase costs and fines associated with alcohol related driving violations because there's already a perception out there that the county pursues this issue so strongly solely because of the revenue factor. So, what do we do? Is it too much to ask for a little common sense? Common sense is NOT saying, "If you drink, don't drive". That doesn't work - never has - never will.
not so common any more 01/05/10 7:38

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