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Man Gets Life In Prison After 8th DWI Conviction
CBS - Houston ^ | 11/21/12

Posted on 11/25/2012 10:36:04 PM PST by Slings and Arrows

Comal County, Tex. (CBS HOUSTON) – A Guadalupe County man arrested for his eighth DWI has been sentenced to life in prison after being pulled over last February with a Blood Alcohol level equivalent to consuming 23.5 beers.

In late February, authorities say Cornelio Garcia-Mata was driving nearly six times the legal alcohol limit, when he was pulled over around 6 p.m. off Interstate 35 in New Braunfels, WOAI-TV reports. Garcia-Mata got his first DWI in 1990. While on probation, he picked up his second. Since he’s a habitual offender he faced 25 years to life in prison for his latest offense.

“Subsequent blood tests shows that his blood alcohol was .446,” Comal County Chief Felony Prosecutor, Sammy McCrary told the court, according to WOAI. “It was a good verdict for the community. That’s somebody we won’t have to worry about killing somebody.”

In a video posted on YouTube from Feb. 26, 2012, an officer’s dashboard camera shows Garcia-Mata swerving in his truck before being pulled over on suspicion of intoxication. “How much alcohol have you been drinking today?” asks the officer. “I’m not drinking,” Garcia-Mata replied in slurred speech.

Prosecutors said his blood-alcohol level was five times the legal limit.

He has been held since then at the Comal County Jail without bond after a hold was placed on his release by the Texas Department of Criminal Justice. He was indicted in May, arraigned in June, and went to trial on Tuesday last week in front of a Comal County jury. They later returned a guilty verdict and a finding that Garcia-Mata’s vehicle was a deadly weapon because of his previous felony DWI convictions.

What would normally be a third degree felony with a maximum punishment of 10 years in prison, became a 1st degree felony with a possible sentence of 25 years to life, KGNB Radio reported. After deliberating for only 20 minutes, the jury returned with the maximum penalty: life in prison.

In 2008, Garcia-Mata served less than two years of a six-year sentence, McCrary told WOAI. Garcia-Mata had seven prior DWI convictions out of Guadalupe County, which included felony charges. Garcia-Mata now awaits transfer into the state prison system.

Garcia-Mata will be eligible for parole in 30 years – when he is 75 years old.


TOPICS: Crime/Corruption; Culture/Society; Extended News; Technical; Testing; US: Texas
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I'm kind of divided about this one. On the one hand, I think a sentence more in line with attempted murder would be appropriate.

On the other hand, *CENSORED* him - it's a miracle he didn't kill anyone.

On the other-other hand, this famous Heinlein quote about stupidity would seem to apply:

"Stupidity cannot be cured with money, or through education, or by legislation. Stupidity is not a sin, the victim can't help being stupid. But stupidity is the only universal capital crime; the sentence is death, there is no appeal, and execution is carried out automatically and without pity."

1 posted on 11/25/2012 10:36:08 PM PST by Slings and Arrows
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To: Slings and Arrows; MeekOneGOP; Conspiracy Guy; DocRock; King Prout; Darksheare; OSHA; ...
Sometimes dedication is rewarded.


2 posted on 11/25/2012 10:39:01 PM PST by Slings and Arrows (You can't have IngSoc without an Emmanuel Goldstein.)
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To: Slings and Arrows; MeekOneGOP; Conspiracy Guy; DocRock; King Prout; Darksheare; OSHA; ...
Sometimes dedication is rewarded.


3 posted on 11/25/2012 10:39:58 PM PST by Slings and Arrows (You can't have IngSoc without an Emmanuel Goldstein.)
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To: Slings and Arrows

I can tell you from first hand experience that when you have drank to much you don’t think very well!!! Sometimes you can’t remember what you did.... i don’t think we need to fill our jails with drunks. After they hurt or kill someone then throw the book at them!!! if this guy has a wife and kids guess what were probably taking care of them!!!


4 posted on 11/25/2012 10:45:25 PM PST by tallyhoe
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To: Slings and Arrows

the man is not stupid he is an out and out alike....his obsession feeds his allergy which drives his obsession....he may be of the hopeless variety


5 posted on 11/25/2012 10:53:34 PM PST by Nifster
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To: Slings and Arrows
“Subsequent blood tests shows that his blood alcohol was .446,”

I'm surprised he's not dead.

0.40 BAC and up: Onset of coma, and possible death due to respiratory arrest.

http://www.edgelawfirm.com/dui.dwi.facts/bac-levels/

6 posted on 11/25/2012 10:56:07 PM PST by smoothsailing
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To: smoothsailing; 60Gunner

Alcoholics can build up amazing tolerances; IIRC, 60gunner mentioned seeing BACs in the 0.600-0.700’s as an ER nurse.


7 posted on 11/25/2012 11:04:14 PM PST by Slings and Arrows (You can't have IngSoc without an Emmanuel Goldstein.)
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To: Slings and Arrows

No pity. I am sorry he is an alcoholic, but he could have given up his license, his car, and gotten drunk at home after the first half-dozen DUIs. Plenty of people walk to the liquor store.


8 posted on 11/25/2012 11:05:52 PM PST by married21 (As for me and my house, we will serve the Lord.)
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To: tallyhoe
i don’t think we need to fill our jails with drunks. After they hurt or kill someone then throw the book at them!!!

So who is volunteering to be killed by this guy, so that we can throw the book at him?

9 posted on 11/25/2012 11:08:21 PM PST by Greysard
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To: Slings and Arrows
Garcia-Mata will be eligible for parole in 30 years – when he is 75 years old.

I am not divided about this at all. If he is released on parole at the age of 75, he will again be a danger to the community. He will drink and drive as soon as he gets a chance.

I do not see the sentence as a punishment for the driver, I see it as the only way, short of execution, the community can protect itself against the driver.

10 posted on 11/25/2012 11:10:41 PM PST by CurlyDave
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To: tallyhoe

My friend never got to have a tax paying family because of a jerk off like this guy. Why wait until he kills another person like my friend ... a golfer, an air force academy student ... a person you might have liked. Another life cut short by open borders (the perp was an illegal that slipped back across the border or changed his identity).


11 posted on 11/25/2012 11:13:47 PM PST by willyd (Don't shoot, we're Republicans!)
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To: married21

In Norway, after your second DUI within five years they take away your license, your car, and no one in your family can own a car lest you borrow it.

Found the following on the net, so better to be a drunk driver in Norway than Bulgaria: A second conviction results in execution.

Which is better than El Salvador: Your first offense is your last-—execution by firing squad.


12 posted on 11/25/2012 11:13:56 PM PST by 21twelve (So I [God] gave them over to their stubborn hearts to follow their own devices. Psalm 81:12)
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To: CurlyDave

The “looney bin” would be the usual place someone who was feared to be dangerous but had not committed a crime for which he would be punished, or had served its sentence, would be sent. Something like habitual drunk driving likely falls into that category. The person, once drunk, simply forgets all sense and becomes dangerous. This, modulo today’s stricter standards for being too intoxicated to legally drive. A number of marginal technical offenses shouldn’t necessarily be treated as harshly as those deep into the juice.


13 posted on 11/25/2012 11:25:17 PM PST by HiTech RedNeck (How long before all this "fairness" kills everybody, even the poor it was supposed to help???)
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To: CurlyDave
Garcia-Mata will be eligible for parole in 30 years – when he is 75 years old.

I am not divided about this at all. If he is released on parole at the age of 75, he will again be a danger to the community. He will drink and drive as soon as he gets a chance.

He probably already done enough damage to his liver that he won't make it to 75.

14 posted on 11/25/2012 11:59:37 PM PST by Huntress ("Politicians exploit economic illiteracy." --Walter Williams)
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To: Slings and Arrows

A friend of mine’s daughter was arrested fourteen times for DUI, never spent more than a few days in jail, then finally six months in a half way house so she could continue working.
She was sober for about six months after that, then moved to another state (from California) and no one heard from her again (been twenty five years).
I agree, there are people once who get carp thrown at them and then others who go on and on and on........with little to nothing


15 posted on 11/25/2012 11:59:43 PM PST by svcw (Why is one cell on another planet considered life, and in the womb it is not.)
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To: Huntress

He=He’s


16 posted on 11/26/2012 12:00:21 AM PST by Huntress ("Politicians exploit economic illiteracy." --Walter Williams)
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To: tallyhoe

he won’t serve life but he’ll sure be on the wagon for a while. Probably the best thing that could happen to him and his family.


17 posted on 11/26/2012 12:02:14 AM PST by RC one (Akin/Mourdock-2016)
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To: Nifster; Lazamataz

Yup, and his pancake turnstyle and elephant noodling stick is gone WAY frankle!


18 posted on 11/26/2012 12:02:44 AM PST by Axenolith (Government blows, and that which governs least, blows least...)
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To: tallyhoe

“After they hurt or kill someone then throw the book at them!!!”

A stupid cow was too drunk to hit the brakes in time so that my dear friend wouldn’t wind up under her van, breaking his neck.

She sued his widow for everything she had for “emotional trauma”..and won.

She’s alive and rich.

Your logic is deeply flawed.


19 posted on 11/26/2012 12:04:15 AM PST by Salamander (If animals could speak, mankind would weep.)
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To: Slings and Arrows

I have no problem with this sentence. Just make it with no possibility for parole and the whole state is safer. I almost lost my brother over one of these idiots.


20 posted on 11/26/2012 12:56:50 AM PST by BipolarBob (Occupy Las Vegas! Join the save the strippers and hookers movement.)
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To: BipolarBob
This sentence is cruel and unusual punishment.

It should have been, "firing squad or sword" after the SECOND DWI.

21 posted on 11/26/2012 1:10:01 AM PST by Mogger (Independence, better fuel economy and performance with American made synthetic oil.)
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To: Slings and Arrows

He must have been warned.


22 posted on 11/26/2012 1:19:44 AM PST by Berlin_Freeper (There goes the dominoes...)
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To: Berlin_Freeper

It seems probable.


23 posted on 11/26/2012 1:38:32 AM PST by Slings and Arrows (You can't have IngSoc without an Emmanuel Goldstein.)
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To: Slings and Arrows

The thing I find odd is the disproportionate outrage in this country over drunk drivers versus other dangerous drivers. It is bizarre. I see so many people driving like idiots, and they supposedly re sober. Speeding, tailgating, excessive lane changers, no signals, constant cell phone use... The only difference seems to be some people are having a “good time” by imbibing. If I’m killed by speeder or a cellphone user or whatever, I consider that WORSE than being killed by drunk cause they were sober and should have known better.

This guy should be locked up for good, though.


24 posted on 11/26/2012 1:41:46 AM PST by PghBaldy (Pete Hoekstra RE: Petraeus scandal - "There's more here than meets the eye.")
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To: Slings and Arrows; All
"After deliberating for only 20 minutes, the jury returned with the maximum penalty: life in prison."

 

I just LOVE the Lone Star State!

"sniffle"

25 posted on 11/26/2012 2:23:16 AM PST by Stoat (If you want a vision of the future, imagine a Birkenstock stamping on a human face... forever)
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To: 21twelve
Which is better than El Salvador: Your first offense is your last-—execution by firing squad.

Chuck Norris was convicted of DUI in El Salvador three times.

26 posted on 11/26/2012 3:20:32 AM PST by Lazamataz (Islam is a religious form of Nazism.)
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To: Slings and Arrows

Another drunk Mexican behind the wheel in Texas is nothing to write about. But this one was particularly stupid in getting arrested in Comal Co., where they will still enforce every law to the max.

The good folk of New Braunfels believe in law and order. When visitors from Houston and Austin trashed their lovely little river by covering it in beer cans every summer weekend, they passed a law that no beer in cans or glass can be brought to the river. You may bring it in a non-disposible thermos or go without. Gotta love the law-abiding citizens that value their town above the dollar.


27 posted on 11/26/2012 3:23:30 AM PST by txrefugee
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To: tallyhoe

After? So let him loose now to what? Run over one of my loved ones? Then throw the book at him?
Eight chances already? we have no idea and maybe he doesn’t either if he maybe already hit and ran and was never caught.
Sorry. You couldn’t be more wrong on this.


28 posted on 11/26/2012 3:32:18 AM PST by wiggen (The teacher card. When the racism card just won't work.)
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To: smoothsailing

He’s a professional - DO NOT TRY THIS AT HOME!


29 posted on 11/26/2012 3:33:36 AM PST by Tainan (Cogito, ergo conservatus sum -- "The Taliban is inside the building")
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To: Greysard

Back in the day, we ALL used to drive drunk. The cops would pull you over and determine if you were too drunk to drive, and of the probably a dozen or so times I personally was pulled over, only once was I arrested and charged with DUI.

We were EXPERIENCED drunk drivers. I never had a wreck, I never even came close.

I knew a guy once, he got thrown in jail for 18 months I think it was, for his 8th, ninth, and tenth offense of driving drunk while his license was revoked, for driving drunk.

Now, would I recommend people do this nowdays?? HELL NO! But we did, and honestly, I dont know a single soul who got hurt or hurt anyone else doing it.


30 posted on 11/26/2012 3:40:37 AM PST by weezel
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To: txrefugee

Yep they’ll bust your arse in Comal county and I’m all for it, I have zero tolerance for drunks. After I got out of the Army in 72 I went to work for the Sheriff’s Dept in West Texas. We had 16 Churches, 22 bars 4 liquor stores and at least a dozen retailers that sold wine and beer. I can honestly say that 85% of my calls were alcohol related in some way or another. I’ve seen men, women and children abused and beaten. I’ve seen dead bodies on the highway and in vehicles and far too many suicides. A world without alcohol wouldn’t bother me in the least.


31 posted on 11/26/2012 3:53:58 AM PST by Dusty Road
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To: Lazamataz
Chuck Norris was convicted of DUI in El Salvador three times.

He let them off with a warning after the 3rd time.

32 posted on 11/26/2012 4:05:09 AM PST by JRios1968 (I'm guttery and trashy, with a hint of lemon. - Laz)
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To: weezel

True. And while it is aterrible thing to have a drunk person run into someone and kill them, I don’t believe in harsh punishments for people that have not hurt anyone. This is supposed to be a free country, but by using the logic that a number of people here have used, you might as well lock anyone up who buys a drink, because they MIGHT drive drunk and hurt someone. And, applying the same standards to everyone isn’t right,either,IMHO, some people can drive safely with a lot more alcohol in them than others.Pretty harsh punishment if he hasn’t hurt anyone else.


33 posted on 11/26/2012 4:22:34 AM PST by Quickgun (I came here screaming and covered in someone else's blood. I can go out that way if I have to)
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To: smoothsailing

This guy was a “ professional “ drinker, his body has adjusted to constant high alcohol levels. I see patients all the time with BALs of 300 and up who barely slur a word and are already getting a little shakey...

This guy deserves his sentence. He’s proven he will drink and drive regardless of the consequences to those around him. Lock him up and toss the key...


34 posted on 11/26/2012 4:35:02 AM PST by Kozak (The Republic is dead. I do not owe what we have any loyalty, wealth or sympathy.)
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To: tallyhoe

this stupid. these laws are stupid. the guy has an addiction. the laws that take away driver’s licenses for 10 years are stupid too.


35 posted on 11/26/2012 4:39:28 AM PST by yldstrk (My heroes have always been cowboys)
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To: Quickgun

So you would be okay with a guy drunk as a skunk walking around shooting a weapon as long as he doesn’t hit someone? Who was caught doing it 7 times ( and actually out there doing it countless times without getting caught).....


36 posted on 11/26/2012 4:41:27 AM PST by Kozak (The Republic is dead. I do not owe what we have any loyalty, wealth or sympathy.)
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To: tallyhoe

You’re right. Should fill up the jails with DUIs.
After the second DUI, confiscate the car and driver’s license and leave the driver and passengers by the side of the road.
After the third DUI, put a bullet in the drivers head.
Problem solved. No over crowded jails.


37 posted on 11/26/2012 4:44:49 AM PST by Little Ray (I have VOTED AGAINST Obama in the General.)
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To: tallyhoe

“I can tell you from first hand experience that when you have drank to much you don’t think very well!”

Thats a pretty silly reason to give this guy a pass. He’s had 8 chances, how many more does he need?


38 posted on 11/26/2012 4:48:43 AM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: txrefugee

Why bring up the perp’s race?

A drunk behind the wheel is a drunk behind the wheel.


39 posted on 11/26/2012 4:49:59 AM PST by 2dogjoe (Have a Blessed Day)
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To: 2dogjoe

A buddy of mine from Green Bay finally saw the light after a series of three day binges. He drove over to the in-patient clinic and blew a .289 at 8:30 AM...


40 posted on 11/26/2012 5:00:10 AM PST by Eric in the Ozarks (In the game of life, there are no betting limits)
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To: All

Just pretend he was high on pot. Ya’ll will feel better.


41 posted on 11/26/2012 5:00:24 AM PST by Wolfie
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To: Slings and Arrows; mickie
Deport him.

Why should the taxpayers support him for the rest of his miserable life?

If he's a legal, deport him anyhow.

I'm not a Texan, but I think like one.

Leni

42 posted on 11/26/2012 5:05:34 AM PST by MinuteGal (Please Restore Former Format on FR "Latest Posts" Page ASAP !)
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To: Slings and Arrows

So a guy walks out of a bar at 8 PM after having 3 or 4 drinks with co-workers. A pig stakes out the place and decides to follow him due to his nice car. And even though he drives fine (i.e., much better than a typical sober 80 year old), he did not come to that FULL STOP before making the right turn on red. The next thing you know he has a criminal record and loses his job. We ALL know that happens.

But why does it have to be that way? Because of people like this guy - who will simply drive the moment he is released to society, and, of course, will eventually kill people. It is because of people like him that otherwise safe drivers by the THOUSANDS are having their lives wrecked. When a person gets to 4 or 5 DUIs (if not 3) in relatively short order, they have to be removed from society - or chained inside their residence - they simply are too dangerous to be left to be trusted not to drive drunk again - they don’t have control over themselves.


43 posted on 11/26/2012 5:07:19 AM PST by BobL (You can live each day only once. You can waste a few, but don't waste too many.)
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To: Slings and Arrows
"I'm kind of divided about this one."

I'm not. My family and I drive I-35 in Comal County regularly. It's a little safer, now.

44 posted on 11/26/2012 5:13:39 AM PST by norwaypinesavage (Galileo: In science, the authority of a thousand is not worth the humble reasoning of one individual)
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To: txrefugee
"The good folk of New Braunfels believe in law and order. When visitors from Houston and Austin trashed their lovely little river by covering it in beer cans every summer weekend, they passed a law that no beer in cans or glass can be brought to the river."

Yes, but they are a bunch of spoil sports. They limit each person on the river to no more than 17 quart coolers.

45 posted on 11/26/2012 5:24:51 AM PST by norwaypinesavage (Galileo: In science, the authority of a thousand is not worth the humble reasoning of one individual)
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To: Kozak

Punishment doesn’t fit the crime in this case. Sure, the guy ought to be fined if he is disturbing the peace, but if he hasn’t hurt anyone when shooting his gun, then why should he be locked up for a long period, or have a felony charge against him? IMHO, there is such a thing as over-enforcement of the law.There is a fine line between punishing someone before they have hurt anybody, and violating their rights.And often, it’s conservatives who don’t see that.Giving a guy the same sentence for DWI that you would get for killing someone?
I live in rural Texas, and if someone wants to get drunk at thier home (outside the city limits) and walk around firing their weapon,they won’t get caught, because it isn’t against the law as long as no one else or their property is damaged.:)


46 posted on 11/26/2012 6:04:14 AM PST by Quickgun (I came here screaming and covered in someone else's blood. I can go out that way if I have to)
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To: Slings and Arrows
When I first saw this article headlined from Houston I first had a flashback to a previous life and an old boss of mine...

[SLAP SLAP]

Okay I'm back in 2012 now...

47 posted on 11/26/2012 6:09:09 AM PST by OKSooner
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To: BobL
So a guy walks out of a bar at 8 PM after having 3 or 4 drinks with co-workers. A pig stakes out the place and decides to follow him due to his nice car. And even though he drives fine (i.e., much better than a typical sober 80 year old), he did not come to that FULL STOP before making the right turn on red. The next thing you know he has a criminal record and loses his job. We ALL know that happens.

But why does it have to be that way?

 

Sounds like you had a tough (but fair) break. Hope this taught you a lesson and you have stopped drinking and driving.

48 posted on 11/26/2012 6:14:45 AM PST by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: tallyhoe
i don’t think we need to fill our jails with drunks

Obviously you have not had a loved one seriously maimed or killed by a drunk driver, especially a habitual drunk driving idiot. I would only ask why did it take so many previous DWI convictions to finally arrive at this just sentence.

49 posted on 11/26/2012 6:16:16 AM PST by Ron H. (Democrats and Republicans - birds of a feather that are now flocking together.)
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To: married21

My husband drove drunk so many times, I shudder to think of the damage he could have caused. He is just plain lucky he was only caught once and that was reduced to wreckless driving because the police violated his rights when they administered the alcohol testing.

He finally went to rehab and has been sober over a year. Our lives have changed completely by his efforts and the grace of God.

I feel for this man and his family; instutions, prison, suicide, murder, and overdose, those are the consequences of an addicts failure to change his/her life.


50 posted on 11/26/2012 6:21:05 AM PST by CityCenter (Compromise is the welcome mat to deception.)
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