You posted: “he explained to them that he had a stroke a few years ago and his slight impairment would likely cause him to fail the test.”
It isn’t much of an assumption to link driving capability to your statement regarding impairement. In addition, you skipped over the point of my post. Your husband still did more than the vast majority of DUI arrests, yet there was no court involvement at all (it sounds like none was necessary as you made the owner of the cow whole.)
As a society we find it acceptable to not jail folks that cause property damage (your hubby) or others that actually kill people (my friend as one example) so long as those drivers had not consumed alcohol. Yet, we also find it acceptable to continue to increase the penalties and jail time requirements for others that never caused property damage or bodily harm to others.
This dicotomy has created a more dangerous driving situation. While I think your husbands situation may be entirely proper and that the driver that killed my friend should certainly be imprisoned for a very long time, I am wondering, how is the result of their situations somehow LESS damaging now than if they had been consuming alcohol?
I would prefer that all negligent drivers be treated equally, regardless of alcohol consumption. One could make the property owners’ whole, as you have done, or one could face long term prison sentences if their driving negligence causes the death of someone. It should not be that one can cause no harm, but because of some politically popular number be imprisoned while others cause harm and have much less repercussions.
While some FReepers celebrate....
I have never been a fan of the draconian laws of DUI, they have no common sense and do not do what they claim. The repeat DUI offender, absolute alcoholic that is going to drive no matter what- still does... Many people that are not impaired but may be close or a spec over legal on the breath test after one or two drinks often have their lives ruined.
You are worried about fair...did you know that until just a few years ago there was a separate DUI court system for minorities in Phoenix, Arizona? Yep the minorities- it was set up mostly for illegals- were given shorter sentences and lesser fines because it was felt that they were from another culture where it was ok and they were also poor. Until the program came to the attention of the public in Arizona that brought enough pressure to make them stop illegals were getting a slap on the wrist and citizens were getting nailed to the wall for the very same offense.
Well said.