RSS

Tag Archives: zero tolerance

DUI—the final solution—tough love, zero tolerance

From Wikipedia:

What is the legal drinking limit for drivers in Texas?

The blood alcohol limit in Texas is a 0.08 BAC ( Blood Alcohol Content), unless you are under the age of 21. If you are under the age of 21 and your BAC is 0.02 or higher then you are legally intoxicated. Additionally, the legal limit for commercial drivers is a BAC of 0.04 or more.

What are the terms used for drunk driving offenses in Texas?

A person arrested for drunk driving in Texas will be charged with Driving While Intoxicated (“DWI”). Moreover, the definition of Intoxication, under Texas DWI law, includes both drugs and alcohol. However the term used for a drunk driving offense for a driver under age 21 Driving Under The Influence Of Alcohol By A Minor (“DUI by a Minor”).

What happens if I refuse to consent to a Chemical Blood or Breath Test when pulled over for DWI in Texas?

According to Texas’ implied consent law, once you receive your driver’s license you automatically consent to a chemical test of your blood, breath or urine to determine blood alcohol content or the presence of drugs. If you refuse the test, your driver’s license will be taken away immediately and you will be issued a temporary drivers license until your court hearing. During your hearing the refusal may be used as evidence against you and the court may rule to suspend your driver’s license.

Those are the rules, and what follows is my analysis and my recommendations—tough love and zero tolerance.

If one is driving on San Antonio’s freeways, whether day or night, one needs to be ready to dodge some damn fool coming towards one against traffic, sometimes weaving across lanes at a slow speed and sometimes at high speeds. Alcohol is the cause of most of our wrong-way drivers—they have entered the off-ramp thinking it was the on-ramp to the freeway.

iframe>

Our city is one of the worst in the nation for such violations, and our police officers do everything they can to prevent accidents and save lives by controlling and stopping the wrong-way idiot before someone dies because of stupidity. The police often resort to placing spike mats across the lanes, a dangerous action for the patrol officers and for regular traffic and dangerous even for the traffic offender. Some times the spikes work and sometimes not.

In virtually every incidence, the wrong-way driver is DUI—driving under the influence of alcohol or illegal substances. Our daily paper, the Express-News, faithfully reports such violations, the police faithfully arrest the offender and the judge faithfully sentences the driver to prison and orders probation along with community service.

If the DUI results in the death of another driver and/or passengers, the offender is given the option of having a jury decide the punishment or places his fate in the hands of a judge. The judge almost always orders prison time and the juries almost always punish with probation and community service. In San Antonio we have drivers with as many as a dozen DUIs and still driving.

When drivers are stopped and are suspected of DUI, the routine  tests are administered, including having the suspected offenders walk a straight line or at least make the attempt, close their eyes and touch the tip of their nose, take the breathalyzer test and/or submit to having blood drawn to determine blood alcohol content. If the alcohol content meets a predetermined level, the driver is charged with DUI and the court process begins.

Our local paper tracks the offenses, and sometimes the story is that a particular citizen has been charged multiple times with DUI and is still on the loose, on probation. I believe that if adopted, my suggestions will change that.

I recommend two processes to be made law. The first is to implement zero tolerance. If tests show the presence of alcohol, regardless of the amount, fine the offender and strip the driver’s license to drive for six months and impose a financial penalty. Subsequent offenses should escalate in severity to include longer periods of loss of license including loss of driving privileges for life, higher financial penalties and extended terms of incarceration. Community service should never be a sentence for violation of DUI, whether it be the only punishment or an addition to other options—community service is a farce.

My second suggestion is to require that any person, whether male, female, adult or juvenile that intends to imbibe alcohol beverages or indulge in using substances that affect driving skills, whether legal or illegal substances, must utilize a designated driver. With that protection, the drinker will be able to ride in comfort to the various venues that feature alcoholic beverages and have no fear of being charged with DUI violations. That person may be a drunken passenger, but in the absence of other violations such as mooning people, for instance, or riding while naked or barfing out of the window and splattering the windshield of the vehicle behind thus obscuring the driver’s vision and causing an accident, that person should be safe from our dedicated police officers. I have no recollection of anyone having been charged with RWD—Riding While Drunk.

What follows now is a not-so-brief bio of my mother’s youngest son in respect to liquor consumption. I hasten to say that having driven various motor vehicles over more than six decades—almost seven decades—I have never been cited for driving under the influence of alcohol. I lost count over the years for citations I have earned for minor traffic offenses, but none for DUI. Yes, luck was on my side many times, and I take no pride in that. I will, however, take pride in being truthful, at least in this instance.

In my teenage years I was a confirmed introvert—an introvert, however, only until I consumed my first alcoholic beverage, whether straight shots with or without a chaser, a mixed drink or wine or beer. Immediately after that first drink I became a confirmed extrovert, and I hit on everything that even remotely resembled a female, homo sapiens of course. I never desired nor was I ever involved in an intimate sexual relationship with non-homo sapiens whether large or small and whether animal, vegetable or mineral—well, there was just one time I was briefly involved with a sun-warmed watermelon (hey, lighten up—that’s a joke, damn it).

My hit lines were delivered regardless of the target’s race, political affiliation, religious beliefs, education or lack thereof and physical features whether heavy or slim, tall or short, whether brunette, blond, red-haired, streaked, short hair, long hair, curly hair, dreadlocks, bangs or bald. I was not one of those for whom “all the girls get prettier at closing time,” a claim made in a song by country singer Mickey Gilley. The girls went from drab to pretty immediately after I took that first drink and kept getting prettier as the hour neared closing time.

In my teenage years and extending to today’s tender accumulation of years, I have never seen nor do I ever expect to see an ugly woman. In my estimation every member of the female gender is attractive—it’s just that some are prettier than others, and in many instances much, much prettier—I mean, like you know, a lot prettier, like, you know, drop-dead gorgeous. Of course, I must remind the reader of a hoary adage which tells us that  “Beauty is in the eye of the beholder.”

Yeah, right!

PeeEss:

I—meaning the author of this posting—am a teetotaler and have been for a significant number of years. The only downside to being a teetotaler is that I can’t respond to wine-tasting parties, many of which are free. I eschew alcohol in all its forms except one. I do not subscribe to the statement that “Lips that touch whiskey will never touch mine.” In this one exception I embrace the saying that “There are exceptions to every rule.”

That’s my story and I’m sticking to it.

Old joke—A guy in a bar approaches a tall female, one with unusually striking facial features, and says, “Ubangi?”

She replies, “You betcha!”

Click here for photos of Ubangi women, and please remember the premise that beauty is in the eye of the beholder, a truism to which I subscribe with very few exceptions.

That’s my story and I’m sticking to it.

Advertisements
 
 

Tags: , , , , , , , ,

Letter to the editor, San Antonio Express-News: Mayhem on campus . . .

In the interests of full disclosure: This posting was not published by the San Antonio Express-News, the only daily newspaper in the second-largest city in Texas and the seventh-largest in the United States. My decision to not submit it for consideration was based on its premise, its length and my experiences with rejection in the past.

Also in the interests of full disclosure: I served as a member of the U.S. military for 22 years and another 26 years as a federal law-enforcement officer. As a result of that combined 48 years, I am not completely unfamiliar with the various ways and means one might use to commit mayhem on campus.

Mayhem on Delaware campus:

A six-year old boy in a Delaware school was recently sentenced to a five-day suspension and 45 days in a reform school for bringing a Cub Scout camping knife to class. The item was given to him when he joined the Cub Scouts. It combines a fork, spoon and knife in one tool, a tool indispensable to every Cub Scout and Boy Scout—I’m uncertain whether such tool is given to Girl Scouts and/or Brownies, and if given, whether it would be indispensable to them.

The Delaware school has a zero-tolerance policy on students bringing to school any item that could possibly be used as a weapon. The incident has gone national in our media, and many people feel that in this instance the school has gone too far, that it has overreached in its efforts to protect students from harm (and to protect themselves from lawsuits).

No, I say—they have not overreached. On the contrary, they have fallen far short. Their action indicates a lack of attention to detail—they can’t see the forest for the trees.

In any school on any day, there are many items that can be used to maim and kill. These are items that are immediately available to all students and faculty members, items as deadly or deadlier than a Cub Scout camping tool, yet they are not prohibited by the school administrators—either they are unaware of their potential for maiming and killing, or they feel that the utility of the items outweighs that potential.

Let’s make the policy on weapons in our schools truly zero-tolerance at every level, from pre-kindergartens to kindergartens to elementary schools to middle schools to high schools and to all schools awarding advanced degrees. The threat is the same at all levels. The only difference is the ages of the people involved.

Let’s ban every item that could possibly be used by a student to kill or maim another—and we probably should extend this policy to faculty members—one could always go postal (forgive me, USPS) and attempt to take out a few students or other faculty members.

All those items—every one—should be removed and banned in order to protect the children and faculty.

Let’s start with the school cafeteria:

Do the students use metal flatware in the lunchroom? If so, all metal knives and forks and spoons must be removed—each tool, even the spoon, can be used with deadly results.

Do the students use plastic tableware? If so, all plastic knives, forks and spoons must be removed. We routinely use plastic forks to stab a chicken breast to hold it in place while we cut it with a plastic knife. And yes, a plastic spoon has fine edges and can cause damage—if held properly and applied forcefully, it could easily remove an eye.

So how do we handle a zero-tableware policy? The answer is obvious—restrict the students to finger foods. And while I’m on the subject of fingers, those digits, thumbs as well as fingers, were used in early times with deadly results—they were used to blind convicted criminals by gouging out their eyes, and are still used with deadly results in gang fights on streets and in our alleys, and probably in certain Middle East, Asian and African countries.

On further thought even a stiff finger, especially the middle one, will put out an eye if properly directed with enough force into the eye of one student by another.

If you’re wondering how to deal with those deadly thumbs and fingers, that answer is also obvious—simply require students to wear mittens at all times while on school property. Also obvious is the fact that mittens would seriously impede certain activities, including writing, scratching an itch, using restroom facilities, etc. Such activities would be handled (so to speak) as they arise, possibly by a one-on-one policy of having a faculty member supervise any activity that would require the removal and replacement of one or both mittens. Such supervision would, of course, be costly—additional personnel would be required to serve as restroom monitors and in numerous other areas. One possible alternative would be to appoint a second student as monitor, and that student could assist a fellow student in such instances. In some circumstances, particularly in rest-room visits, the team should be comprised of same-sex students. Special training for identity-definition and identity-recognition will probably be required for faculty members in higher grades. Such training should reduce the possibility of appointing rest-room teams comprised of other than same-sex students.

Pencils—particularly sharpened pencils—and ball-point pens must go. Pencils and pens, held properly between two fingers of a clenched fist with the point outward and the top pressing against the heel of the hand, can maim and kill.

Press the point into an ear and push, and the eardrum is ruptured. Press the point into an eye and push, and the eye is destroyed. Press the point into the neck toward the jugular vein and push—the jugular could be punctured and the victim will bleed to death. Press the point between two ribs with enough force and internal organs can be punctured. Think about that for a moment.

Has anyone ever noticed that airport security personnel never confiscate pencils or ball-point pens? Has anyone ever noticed that security personnel at federal buildings never confiscate pencils or pens? Think about that for a moment.

Wooden rulers with a metal edge built in to facilitate paper tearing can be used to maim and kill. The metal edge is very thin, and wielded properly will slice deeply into human skin. With a strong swing and a keen eye, a child can cut deeply into another child’s neck and possibly sever the jugular vein. Even a plastic ruler will do major damage when wielded with enough force.

Any pin such as a broach or smiley-face button (and God forbid, any campaign button) can be used with equal effectiveness. Hold the item with the pin outward, as with a pencil or pen, and push or slash with force and major damage to the skin will result.

Heavy metal items abound in a school environment, items that can be wielded with enough force, even by a small child, to main and kill, including staplers, hole punches, hammers and (by larger children or staff members) folding metal chairs. Look around—see how many offensive weapons are available to any student intent on hurting another student—or teacher.

Belts and shoelaces can be used offensively and should be viewed as deadly weapons. Belts with a heavy buckle can be swung with deadly force, and either a belt or a tie can be used as a garrote. Shoelaces can be tied together and used as a garrote. Police require arrestees to give up belts, ties and shoelaces before entering a cell. This precaution is taken to prevent the arrestee from attempting suicide, but it’s also meant to protect the officers.

All the children (and the teachers) must therefore give up belts, ties and shoelaces while in school. Considering the way some boys wear their trousers, some will have a problem. Since any maiming necessarily requires the use of one hand at a minimum, the lack of a belt may reduce or prevent such incidents. Any potential maiming, by a person using both hands while wearing low-riders, would subject such person to additional charges such as indecent exposure and intent to commit a sexual assault.

This is a posting in progress—there are many more items that should be removed from the environment in which our children spend some one-third of every day while schools are in session.

I’ll get back to you later with more details.

Postscript:

The School Board has reconsidered its decision in the Delaware case. The members of the Board have significantly reduced the boy’s sentence, and are making significant adjustments to the school’s zero-tolerance policy.

 

Tags: , , , , , , , , , , , , , , , , , , , , , , , , ,