Alleged drunk driver who fatally struck Johnny Gaudreau, brother lets out exasperated sigh as he’s ordered held another week behind bars

NY Post ^ | 08/30/2024 | Olivia Land

[sharpee]

Both of my adult kids and I ride bikes. Both have been in bone breaking accidents. My daughter's most recent accident was inches away from being fatal. Luck and a plowed field protector from any serious harm. That said bike riding is dangerous. People look for cars and are not bikes. So even people who are trying to do the right thing can have problems with bikes. We have all seen guys like this on the road so I have little sympathy for him.

[Alberta's Child]

I assume you're referring to bike lanes on roads.

Yes, that’s what I mean when it comes to roadway design. But it goes beyond that. I will not even put my name on a report or document that even acknowledges that bicycles can legally operate on a road in mixed traffic.

I'm curious how you have the discretion not to sign off on them if they meet design standards?

I don’t bid on any such project. Period.

[Alberta's Child]

Oddly enough, I’m one of the few people in my profession who thinks we focus too much on impaired drivers. Look at the facts of this particular incident. This sort of thing happens with drivers who are NOT impaired; I think we should treat them all the same without regard for any possible impairment.

If I am stopped at a light and I’m rear-ended by some @sshole driving 40 mph, I don’t care if he’s drunk, texting, sleeping, or just plain retarded. The law should treat that driver harshly no matter what the circumstances may be.

[ConservativeMind]

No, it would become manslaughter versus premeditated, in my book.

The rest are happening without bad intent.

[Alberta's Child]

Actually, no. There’s almost no angle of a DUI that would be considered “premeditated” from a criminal law standpoint. That’s why drunk driving isn’t even a crime in any state I’m aware of (it’s a serious motor vehicle offense).

[Lizavetta]

That entire family is devastated. A generation has been pretty much erased from them.

Yes, they are. I have lost one child and it does more damage to one's soul and heart and mind than I can say here. That one family lost two is beyond even thinking about.

I remember a drunk driving case just north of Sacramento about 10 years ago. One guy plowed into a minivan carrying a set of grandparents, two parents, and two children.

Three generations gone in a flash.

[Moltke]

Give him to the family. Issue them drills, sledgehammers, propane torches, pinking shears and earplugs.

I have to say, the earplugs are a nice touch. 👌🏻

[ConservativeMind]

I see drunk driving as no different than a kook taking a loaded gun into a populated area, putting on a blindfold, and just randomly pulling that trigger.

In both, they chose to arm themselves and lose the ability to handle their weapons properly. Both can kill or maim others, despite not specifically targeting anyone.

They are completely analogous.

[xxqqzz]

I don’t know about drunk driving manslaughter in general, but this guy deserves the death penalty. The car in front moved to the left to pass the bicyclists and he decided the pass on the right. Then complains he will be in jail for a week before another hearing.

[Alberta's Child]

As someone who has worked in roadway design and deals with motor vehicle safety issues on a regular basis in my profession, I see this from a very pragmatic perspective. “Impairment” is a vague and highly subjective description that often is a minimal contributing factor in motor vehicle crashes.

When discussing the challenges of assessing impairment from a highway safety standpoint, I like to cite the example of a seriously drunk driver who drives into an intersection on a green light and is broadsided by a totally sober jackass who runs the red light. In this case, the law (unjustifiably) treats the “impaired” driver more harshly than the sober one — and for no damn good reason.

[ConservativeMind]

I would say that the sober driver was to blame, while the drunk one was only a DUI.

I believe the Law handles it that way, too.

[bantam]

Someone oughtta scramble his brains w a 22 short!
No good f’er.

[Alberta's Child]

A very typical scenario in that case:

1. The sober driver who ran the red light is cited for the moving violation. The penalty is a fine and points on his license.

2. The impaired driver who entered the intersection lawfully is charged with DUI. The penalty is a loss of license for 6+ months, substantial fines, and insurance surcharges.

[KevinB]

Drunk driving is a crime in every state. Whether it’s a misdemeanor or felony depends on the circumstances.

[Alberta's Child]

I don’t believe it’s categorized as a crime in every state. For one thing, you have no right to a trial by jury in a drunk driving case. Secondly, there is a big gray area around Fourth Amendment protections in the case of DUI testing by police officers. A warrant is needed for the police to compel you to turn over evidence, so under “implied consent” laws the only penalty for a refusal to give a breath or blood sample for a BAC test is a monetary fine and the loss of driving privileges.

[RitchieAprile]

I still ride mine to and from work. Head on a swivel. Thumb on the horn. Brights on during daylight.

[SaxxonWoods]

“I still ride mine to and from work. Head on a swivel. Thumb on the horn. Brights on during daylight.”

Best wishes, brudda. May you ride in safety.