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(NYPost)   You're driving drunk, you mow down an elderly man in the street and you get 5 years probation. Sounds about right   (nypost.com) divider line 78
    More: Asinine, vehicular manslaughter, ignition interlocks, Manx consorts, Astoria, sport utility vehicles, Demitrios Matsoukatidis  
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5076 clicks; posted to Main » on 07 Dec 2012 at 10:33 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-12-08 01:02:51 AM  
Gaols are too full of stoners to put real criminals away.
 
2012-12-08 01:16:01 AM  

Mock26: Gyrfalcon: Mock26: Sentencing for murder should be based on the remaining life expectancy of the victim. So, kill newborn baby boy, get 75.6 years in prison. Kill a 75 year old man, get 0.6 years in freedom. Anyone over the life expectancy is a freebie.

:-D

OK....but what if you kill a 97-year old man? You have some extra time you can cash in if you commit other crimes?

Like I said, that would be a freebie. In other words, no penalty.


Well, that's no fun. If I kill an old person, I want some kind of reward.
 
2012-12-08 01:24:07 AM  
I never drink and drive because I might spill my drink.
 
2012-12-08 01:28:51 AM  

TomD9938: IHadMeAVision: driving in NYC is not as useless as everyone thinks it is

I've always wondered how it works for people who have to drive because they need their full set of tools, ladders, etc..

I do service at restaurant/retail/corporate sites and even around Minneapolis, it's hard to do more than 4 calls a day, thanks to traffic and the random locations that service calls tend to pop up in.

Seems like two calls a day (or even one) would be a reasonable achievement for a tech in the NYC metro.


I drive a work truck with tools,ladders,rigging and usually I have a trailer carrying a scissor lift or my shops war wagon. Knocking out 4 different service or breadown calls on the southside of Chicago/NWI is a 12-16 hour day at least. I service heavy equipment (overhead cranes at steel mills) so I never know what to expect.
 
2012-12-08 01:30:35 AM  
i.imgur.com

Aldama Lizardo, R.I.P.
 
2012-12-08 01:34:16 AM  

Aquapope: Probably the driver:
1) was a first time offender of any kind, not just DUI
2) was a successful business owner (owns a Mercedes SUV in NYC!!)
3) paid a metric shiatload of money for a DUI lawyer (who knows all the traffic prosecutors)
4) knows somebody who knows somebody...

and the victim was OLD and going to die soon, which shouldn't matter but I bet it does.

He should do time. He will probably get a civil suit from the victim's family, which is only to the good. It was a monumental farkup, no doubt, and he'll pay for it in insurance, a civil suit, bad press in his community for his business, installation and removal of the interlock ($350 each here in KS), and probably some stuff I haven't thought of. But still, he killed a guy and he should do time.


1) You know what they say about opinions?


/Old guy in a 98 SUV bumped into another even older guy. One likely without a record and the other likely jaywalking.

//Old guy would benefit or learn a lesson with jail time?

/// Geriatric care is likely pretty expensive in prison (no state benefit here)
 
2012-12-08 01:37:32 AM  
So I'm driving home from work on a dark street, and some senile moron steps out into the street right in front of me. If I'm sober I probably don't get charged with anything. But if I have alcohol in my bloodstream, I'm going to get screwed, even if the guy popped up so fast Ayrton f**kin' Senna couldn't avoid hitting him.

Yeah, great system guys.
 
2012-12-08 01:38:00 AM  
Am I the only one who's seeing "five months" in the headline and "five years" in the article?
 
2012-12-08 01:43:19 AM  

Suckmaster Burstingfoam: Loren: Lsherm: Anyone have better information about the accident? Was there another reason he got off easy? Was the old man crossing in the middle of a block?

Yeah, that's what I was thinking also. When you see very low punishments for DUI fatalities it normally means that a sober driver probably would have nailed the guy anyway.

89 year old men do tend to move with blistering speed. God forbid one ever jumps in front of your car!


It could be his fault even moving slowly. I've had a very close call with a jaywalker that I couldn't see. I knew he was somewhere in front of me (he had been momentarily illuminated) but I couldn't see him at all despite him being within my minimum stopping distance. All I could do is stand on the brakes and hope that when I did see him I would have slowed enough to evade. Admittedly the guy was African-black (not the light black that is far more common here) and dressed all in very dark colors. Without already knowing he was there I probably would have seen him about 1 second from impact. This wasn't a case of popping out from anywhere, simply a guy acting like the street was a game of Frogger. (It was his very near miss with the vehicle in the next lane that had revealed him to me in the first place.)
 
2012-12-08 01:44:04 AM  

BeerGraduate: I never drink and drive because I might spill my drink.


You sir, or madam, are one smart farker.
 
2012-12-08 01:51:11 AM  
In Buffalo a drunk driver, Dr. James Corasanti mowed down a teenaged girl. Allegedly knocked her 200 yards from the impact. He drove home, sent his wife back to the scene from where she called their lawyer. Meanwhile he cleaned the little girl particles off his BMW. His defense was that he did not know he hit anything. Got off with a misdemeanor DWI. Link
 
2012-12-08 01:54:49 AM  

Gyrfalcon: Well, this is the weird-ass system we've got, and you all might remember it the next time we have one of our interminable arguments about why DUI checkpoints are not a violation of your rights.

Currently as our laws stand, voluntary intoxication (i.e. when you go out and get falling-down drunk) is an affirmative defense when it comes to crimes of general intent, like homicide. That is, being drunk negates the element of intent necessary to prove malice when you get in your car or pull out your gun and kill someone because you're too drunk to appreciate what you're doing. Because after all, your Honor, ladies and gentlemen of the jury, this man is a decent, honest person, and he would NEVER kill someone if he was in his right mind, and we've all had a few too many; surely you can appreciate that he was not fully responsible for his actions when he drove down the street? Clearly he didn't INTEND to mow down that elderly man and if he hadn't had those 18 gin&tonics, he never would have done it.

And I'm sure he didn't. Just as everyone here who has biatched about sobriety checkpoints and people getting pulled over for being a few over the legal limit and cops aggressively enforcing DWI laws wouldn't mean to either. But the law says that if you kill someone and you're drunk--assuming you didn't get drunk for the purpose of lowering your inhibitions to kill someone (cf. Jeffrey Dahmer)--then you were not fully responsible for your actions. QED. This is why MADD is so, well, mad. Because honest, decent people get so peeved that they can't have a few drinks and then drive when it's obvious they're okay. And because when they do hit the courts, the laws have agreed with you: You were okay. You weren't totally responsible.


I'm not sure I'm following your logic. Granted, I am drunk (and my keys are safely put away - don't worry, I'm not driving).

It's one thing to down a fifth of whiskey to get up the courage to go shoot someone, but it's an entirely different thing if you down a fifth of whiskey and then get pissed off at someone and kill them. The former is premeditated. The latter is probably a heat of passion type of thing. But in either case it is intentional.

Drunk drivers generally don't intend to kill anyone despite all the MADD-sters claiming that they do. OMG, it's like randomly firing a gun in a crowded theater. That's farking bullshiat. If you randomly fire a gun in a crowded theater you should expect to kill someone unless you're firing at the ceiling.

There are different types of drivers. I'm a pretty careful and mellow driver. I'm going to stop for stop signs and lights. I'm usually going to obey the speed limit. I'm going to make damn sure a lane is clear before I merge into it. This applies whether I've had zero drinks or 10 drinks. And yes folks, I'm not gonna lie, sometimes I do drive after a few drinks.

OTOH, some drivers don't give a shiat. One of my friends who has a couple of DUI arrests scares the shiat out of me when she's driving sober. Another one of my friends who I grabbed the keys away from because he was way too drunk urged me to run red lights but I refused to do so. I was over the limit at the time too, but I saw the yellow light I started slowing down. He started yelling "GO GO GO!!!!". Guess what - he served nearly a year in prison for DUI while I have still never even been arrested.

Voluntary intoxication is not a defense. It's a sentence enhancer. Some drivers are completely oblivious even when they are sober. If this guy had been sober and still hit the pedestrian we wouldn't even be having this discussion. It would have been a thread from nearly a year ago where everyone would say that's such a tragedy - did the pedestrian just jump out into the street without looking?

But instead this guy was drunk: 0.16 BAC so many people want his head on a platter. 5 years probation, 20 DAYS (not hours) of community service, at least 2 different classes, and an ignition interlock are not enough for the MADD types. Imagine all that though. It's not cheap, it's not easy and I'm not saying it's too harsh, but it's certainly not lenient. And if he violates his probation? Well, I'm guessing he does go to prison.

Yeah, that sounds about right.
 
2012-12-08 02:00:22 AM  

Ablejack: In Buffalo a drunk driver, Dr. James Corasanti mowed down a teenaged girl. Allegedly knocked her 200 yards from the impact. He drove home, sent his wife back to the scene from where she called their lawyer. Meanwhile he cleaned the little girl particles off his BMW. His defense was that he did not know he hit anything. Got off with a misdemeanor DWI. Link


Do you have a link that supports your version of the events?

No? Maybe that's why he only got a misdemeanor DWI.
 
2012-12-08 02:00:55 AM  

Bit'O'Gristle: Demitrios Matsoukatidis, 67, pleaded guilty to vehicular manslaughter today for the death of 89-year-old Aldama Lizardo, who was innocently crossing the street in his Astoria neighborhood on Feb 7.

Wait a farking minute. He KILLS a innocent person while driving in a drunken stupor, and gets probation? And a few classes to go to? Is this the worth of a innocent life? Jesus our criminal justice system is broken. A guy gets busted 7 times for dui, never having hurt anyone..and gets life in prison with no parole, this guy KILLS someone and gets probation. It boggels the mind the level of retardation our justice system has in it.


While I agree that this guy should go to jail, someone who has been *caught* (actual number of times he did it probably higher) for DUI 7 times is obviously not going to change and is going to continue to get behind the wheel and threaten people's health and safety. Life in prison for 7 bloody times sounds extremely fair to me.
 
2012-12-08 02:12:36 AM  
This kind of reminds me of that football player that killed an elderly man and got off easy. Though, I think that was another case of the guy just kind of wandering in the middle of the highway at night and getting absolutely demolished. Not a good situation any way you look at it.
 
2012-12-08 02:52:39 AM  

bingethinker: So I'm driving home from work on a dark street, and some senile moron steps out into the street right in front of me. If I'm sober I probably don't get charged with anything. But if I have alcohol in my bloodstream, I'm going to get screwed, even if the guy popped up so fast Ayrton f**kin' Senna couldn't avoid hitting him.

Yeah, great system guys.


Don't do the crime if you won't do the time.

Drunk driving is illegal regardless of killing anyone. And if you let a statistical outlier shape your opinions or behaviors, you are a fool.
 
2012-12-08 03:16:18 AM  
Hmm. I wonder if you could use this to murder someone and beat the rap.
 
2012-12-08 03:50:12 AM  

James F. Campbell: Hmm. I wonder if you could use this to murder someone and beat the rap.


Just do it sober and say you sneezed. Seriously.
 
2012-12-08 03:52:40 AM  

Tanishh: Bit'O'Gristle: Demitrios Matsoukatidis, 67, pleaded guilty to vehicular manslaughter today for the death of 89-year-old Aldama Lizardo, who was innocently crossing the street in his Astoria neighborhood on Feb 7.

Wait a farking minute. He KILLS a innocent person while driving in a drunken stupor, and gets probation? And a few classes to go to? Is this the worth of a innocent life? Jesus our criminal justice system is broken. A guy gets busted 7 times for dui, never having hurt anyone..and gets life in prison with no parole, this guy KILLS someone and gets probation. It boggels the mind the level of retardation our justice system has in it.

While I agree that this guy should go to jail, someone who has been *caught* (actual number of times he did it probably higher) for DUI 7 times is obviously not going to change and is going to continue to get behind the wheel and threaten people's health and safety. Life in prison for 7 bloody times sounds extremely fair to me.


There is no system. There are 50 states and 1000s of counties.
 
2012-12-08 04:15:52 AM  
The driver was just "standing his ground".
 
2012-12-08 04:41:31 AM  

Bit'O'Gristle: Demitrios Matsoukatidis, 67, pleaded guilty to vehicular manslaughter today for the death of 89-year-old Aldama Lizardo, who was innocently crossing the street in his Astoria neighborhood on Feb 7.

Wait a farking minute. He KILLS a innocent person while driving in a drunken stupor, and gets probation? And a few classes to go to? Is this the worth of a innocent life? Jesus our criminal justice system is broken. A guy gets busted 7 times for dui, never having hurt anyone..and gets life in prison with no parole, this guy KILLS someone and gets probation. It boggels [sic] the mind the level of retardation our justice system has in it.


Why? All the under 30 farkers (and probably under 40) here want the "entitled" generation to "die off already!" so what's another death to an 89 year old who is sucking social security dry, right? It doesn't matter how he died, just so long as he isn't collecting his money.
 
2012-12-08 06:04:06 AM  
US do not like Greek freedom.
Land of the free: Highest percentage of population in jail... And 47% of population does not want to fix the root problems!!
 
2012-12-08 09:52:06 AM  
who was innocently crossing the street

I don't always cross, but when I do, I do it guiltily.
 
2012-12-08 10:22:15 AM  
Why not? Elderly people get less than that for mowing down people in farmers' markets stone cold sober.
 
2012-12-08 10:39:56 AM  

Begoggle: The driver was just "standing his ground".


Yes! If only everybody drove drunk then this would never have happened. Damn pedestrians wouldn't cause any trouble anymore.

Instead that commie Osama Fartbongo takes away our Second Amendment right to commit vehicular manslaughter....

/Canadian so don't know if I did that right
//don't care anyway
 
2012-12-08 10:59:59 AM  

Anyway there's I live in SW Queens, which means if it's after 7pm my ass is driving to Manhattan, it'll take way shorter than the frig after 7 in Manhattan is a breeze as long as you know how to parallel park.

Really? You typed and posted this on purpose?
 
2012-12-08 07:19:54 PM  
you get 5 years probation

Must be rich.
 
2012-12-08 11:18:24 PM  

Gyrfalcon: Mock26: Gyrfalcon: Mock26: Sentencing for murder should be based on the remaining life expectancy of the victim. So, kill newborn baby boy, get 75.6 years in prison. Kill a 75 year old man, get 0.6 years in freedom. Anyone over the life expectancy is a freebie.

:-D

OK....but what if you kill a 97-year old man? You have some extra time you can cash in if you commit other crimes?

Like I said, that would be a freebie. In other words, no penalty.

Well, that's no fun. If I kill an old person, I want some kind of reward.


You argue you, Young Jedi. Consider my theory properly amended.
 
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