Injustice!!!! [Archive] - Realbeer.com Beer Community

smeyrt

08-27-2006, 11:44 PM

alright so let me start off by saying I live in southern california where almost everything is illegal. So on with the story, last night my best friend Ryan was driving home after a few beers. Now he wasnt actually drunk, but legally he was. So he was driving home and accidently clipped a car on the side of the rode because where I live all the streets are really narrow. Well he pulled over apologized and said he had insurance and that they would take care of it. well the other guy still flipped out! Not only was he flipping out but he was way bigger than ryan. However ryan is fearless flipped out right back and the other guy shoved his head into the back car window of his car and shattered the window. well when the cops showed up they looked at my buddies rap sheet and arrested him for a DUI, which was somewhat understandable. However when Ryan said he wanted to press charges against that other guy the cops refused. How bullsh*t is that. I told him to get a lawyer any other advice

TrojanAnteater

08-28-2006, 12:32 AM

I don't know much about the law system, but can those cops really stop Ryan from going down to the station and pressing charges????

I've also never had my head shoved into a car window so hard the window breaks, but how was his head after that???

newportstorm

08-28-2006, 07:48 AM

So your buddy drinks past the point of "legal intoxication"...strike 1.

He conciously gets in a car, drives home and hits another car (I know, I know...he wasn't "drunk")...strike 2.

He challenges a much larger, much angrier man and gets beat down...strike 3.

My advice? He should get one (or all) of the following:
-A clue
-A portable breathalyzer
-A bus pass

Cheers!

wortchillergoal

08-28-2006, 08:00 AM

I agree some what with newportstorm. Flipping out regardless of your size or lack of is not a smart move. Still being attacked like that is illegal.

As to his pressing charges, he should follow through. He might have a hard time proving it. You say he lost his cool as well. Did he make the first threanting gesture or physical contact? Even if he did not, he is going to have a hard time with it as he is on the record as being drunk at the scene. That might be what the other guy told the cops and so their reason for not doing any thing.

Best of luck to him. I would think he has more worries than the other guy right now.

smeyrt

08-28-2006, 09:10 PM

Originally posted by newportstorm
So your buddy drinks past the point of "legal intoxication"...strike 1.

He conciously gets in a car, drives home and hits another car (I know, I know...he wasn't "drunk")...strike 2.

He challenges a much larger, much angrier man and gets beat down...strike 3.

My advice? He should get one (or all) of the following:
-A clue
-A portable breathalyzer
-A bus pass

Cheers!
so just because a guy is bigger than you, you should let him do whatever he wants. forget that keep you dignity and stand up for yourself. yay you might get beat but at least you didnt back down. Im not saying he shouldnt of gotten a DUI im just looking at the injustice of what happened with that other guy

HogieWan

08-28-2006, 09:20 PM

I think newport's point is that if he wasn't driving after drinking, it wouldn't have been a problem to begin with.

smeyrt

08-28-2006, 09:45 PM

Originally posted by HogieWan
I think newport's point is that if he wasn't driving after drinking, it wouldn't have been a problem to begin with.
But he didnt hit the car because he was drinking he had like two beers. they are just really srtict out here. which in some cases is good. He the car because where I live the streets are super narrow

newportstorm

08-28-2006, 10:05 PM

Originally posted by smeyrt
so just because a guy is bigger than you, you should let him do whatever he wants. forget that keep you dignity and stand up for yourself. yay you might get beat but at least you didnt back down. Im not saying he shouldnt of gotten a DUI im just looking at the injustice of what happened with that other guy

Let's try this again. Your friend drinks, drives and hits a car - forget about his tolerance and/or undrunken state. The much bigger, angrier car owner goes apesh*t. Instead of writing down his insurance info, name, address, phone # and getting outta dodge, your fearless pal has too much pride. His reward? A busted face and a DUI. Smart fellow.

Cheers!

OregonAmy

08-28-2006, 10:06 PM

Or, he hit the car because he was driving drunk.

so just because a guy is bigger than you, you should let him do whatever he wants. forget that keep you dignity and stand up for yourself. yay you might get beat but at least you didnt back down.

Riiiight. Because getting your ego bruised is worse than getting your ass kicked & getting a DUI. :rolleyes:

OregonAmy

08-28-2006, 10:09 PM

Originally posted by newportstorm
Let's try this again. Your friend drinks, drives and hits a car - forget about his tolerance and/or undrunken state. The much bigger, angrier car owner goes apesh*t. Instead of writing down his insurance info, name, address, phone # and getting outta dodge, your fearless pal has too much pride. His reward? A busted face and a DUI. Smart fellow.

Cheers!

^^ what he said. :cool:

smeyrt

08-28-2006, 11:05 PM

again focusing on the wrong topic the dui wasnt debated the fact that the other guy wasnt charged with anything is the point not the fact that he got the dui or did that go over your head

OregonAmy

08-28-2006, 11:33 PM

Originally posted by smeyrt
again focusing on the wrong topic the dui wasnt debated the fact that the other guy wasnt charged with anything is the point not the fact that he got the dui or did that go over your head

Are you wasted, or do you ever use proper punctuation & grammar?

Police officers can't charge anyone with anything. Or did that go over your head?

liRetro

08-28-2006, 11:38 PM

I've learned that even when someone else is going totally crazy that doesn't mean you have to respond in kind. If anything if the other person is being a thug then they don't deserve you wasting your breath on them. If you must respond then make it appropriate and calm, that way witnesses don't mistake you for the agressor.

Example: "Nice breath dog face, now I know where you've been licking".

In the case of the cops not pressing charges (ok, maybe not charging but they should have arrested him) I'm not sure what he could do except get a lawyer to go after the guy in a civil suit, and maybe take on the police department since they are in effect letting a dangerous criminal run loose on purpose.

liRetro

08-28-2006, 11:51 PM

Originally posted by OregonAmy
Are you wasted, or do you ever use proper punctuation & grammar?

Police officers can't charge anyone with anything. Or did that go over your head?
You know what he meant. You were off topic; There was no need to hassle or try to demean him but I suppose you have no other way of drawing attention to yourself. So here is your attention... Do you like it?

wortchillergoal

08-29-2006, 04:46 AM

Originally posted by smeyrt
again focusing on the wrong topic the dui wasnt debated the fact that the other guy wasnt charged with anything is the point not the fact that he got the dui or did that go over your head

Perhaps my point went over your head, The police might believe that your friend is the one who started the fight. I that is the case, he is going to have a hard time proving he did not do so.

cewldre

08-29-2006, 07:29 AM

Well, who knows which side atually started the fight, the point is that your buddy did "drink and drive" regardless of how many he atually had. The other guy may have flipped out, but so did your friend. Neither were in the right, but the police placed blame on the guy with a record... They didn't see it being so who would they believe, mad guy, or mad guy who is by law drunk?

And you think your guys are strict? Try going 26 in a 25 and getting pulled over... Now that's rough.

Oh, and just so we can figure this whole thing out, tell him to get a lawyer and press charges. If this story is indeed accurate (althought I might be sensing that this story is a tad skewed in your buddies favor) he might have a chance to get some sort of compensation from the fact he was thrown into a windshield. It's going to be a hard battle though.

newportstorm

08-29-2006, 07:47 AM

Originally posted by smeyrt
again focusing on the wrong topic the dui wasnt debated the fact that the other guy wasnt charged with anything is the point not the fact that he got the dui or did that go over your head

I'm pretty tall...not much goes over my head. Here, I'll toss you a softball. Try to catch my drift....

The point here is that had your friend kept his cool (after drinking, driving and hitting a car), he might have just given his info and escaped with nothing more than a bump in his insurance premium. Instead, he gets his melon squashed and a ride in the paddy wagon, to boot. Not smart.

Is your friend always that irrational or did those "couple of beers" cloud his judgment more than you're letting on?

HogieWan

08-29-2006, 08:02 AM

If he goes about suing this guy and the guy has a good lawyer, your buddy might end up paying for that windshield that "he broke"

chazwicke

08-29-2006, 10:29 AM

What was the reading on your buddy's DUI? The law is .08% in every state.

Bugz-TT

08-29-2006, 10:34 AM

Questions that come to mind from reading the opening post:

Who threw the first punch, shove, or derogetory remark to make large angry guy loss all control and put your buddy's head thru window? If your buddy threw the first punch, the other guy claims selfdefense, and then emblishes on how drunk your buddy was when your buddy is trying to fight the DUI. Done and over.

Where you with said buddy?

Where there any witnesses to the altercation?
Witness will be the best thing to help or hinder your buddies plight.

newportstorm

08-29-2006, 11:02 AM

Originally posted by chazwicke
What was the reading on your buddy's DUI? The law is .08% in every state.

Many states, CA included, are pretty strict about driving after drinking (any amount). Having a BAC of less than .08% guarantees nothing. If this person blew a .06% (or less) he could still be arrested. Take into consideration his behavior, the fact he struck another vehicle, etc. Officers can make a judgment call and in this case, not much is leaning in the crash dummy's favor.

In areas with a lack of good public transportation, it can be tough to go out for a couple pints and drive home - buzzed, drunk or not. But with all of the campaigns like "You Drink. You Drive. You Lose", "Buzzed Driving is Drunk Driving", "Over the Limit. Under Arrest", etc., you can't claim ignorance.

Cheers!

chazwicke

08-29-2006, 11:24 AM

I'm suspecting that his buddy was probably somewhat over .08%. And I'm wondering what was on the rap sheet. More DUIs? In the area where I live you can get arrested for DUI even under .08% but it almost always gets tossed out by the judge. However, you usually need a lawyer so you'll have some expenses and hassles. Drinking and driving is just not smart or worth it. I carry a portable breathalizer in my car. It is very rare when I am faced with driving after a few beers but if and when I'm in that position, I want to know what my % is so I can wait it out if need be. I usually have a ride or use public transportation if I'm out at a tasting or festival.

corkybstewart

08-29-2006, 03:29 PM

At my house I can have "just a couple of beers" and be way over the limit. And as someone pointed out, those limits are subect to the discretion of the officer. It never helps a bad situation when you lose control, no matter what the circumstances.

A funny and true similar tale. My BIL got drunk and sidewiped a parked car. He went inside, apologized, swapped info and had a couple of glasses of wine with the car owner. After a few more glasses the 2 guys got to arguing. When the cops got there my BIL was much drunker than he was when he first hit the car. He ended up losing his license on the spot and spent the night in jail.

stronk

08-29-2006, 04:46 PM

I don't care about the topic, I just want to remind people not to let things get out of hand. This site is known by all its members for being non-confrontational and we like it that way. The site is about enjoying beer and that shouldn't be a hugely controversial thing.

If you need to argue, can you take it somewhere else, please?

NB: I was talking about the above discussion, not the recent, more level-headed posts.

DecoJuicer

08-29-2006, 06:38 PM

Originally posted by smeyrt
But he didnt hit the car because he was drinking he had like two beers. they are just really srtict out here. which in some cases is good. He the car because where I live the streets are super narrow

This is where I call bull$hit. I have been in law enforcement for many years, and I have never seen a person have 2 beers and be over the legal limit.

I have also tested myself on a couple of occasion(after work parties when I wanted to make sure that I was ok to drive home) and i can tell you this. I would not drive if over the legal limit. By that I mean I would not feel comfortable driving well before I hit the legal limit.

I have literally spent several hours drinking, tested myself, and realized that I was under the limit. We have officers who are very small in stature, and while they can not keep up with me, they can drink a lot more than 2 beers.

It sounds like your friends attitude, plus his drinking(and probably some previous trouble with the law) led to his arrest, and the police believing that he was the aggressor in the incident.

When you put people's lives in danger by driving drunk, then you don't get sympathy from the police. And you really don't get any breaks when you hit a car and get into a fight. That's life in the grown up world. Sorry.

OregonAmy

08-29-2006, 07:59 PM

Originally posted by liRetro
You know what he meant. You were off topic; There was no need to hassle or try to demean him but I suppose you have no other way of drawing attention to yourself. So here is your attention... Do you like it?

How was I off topic? I wasn't debating the DUI. I was saying that it's ridiculous to get upset that the guy wasn't charged with anything when:

a. police officers don't charge people
b. his friend fought back rather than let his ego go bruised a little, which is always a mistake when you've just committed a misdemeanor (or, possibly, a felony if it's not his first)
c. he had been drinking & driving

yes, it sucks to get your head bashed in by a windshield. But it would have probably worked in his favor to try to keep things calm rather than feeling like he had to protect his ego.

HogieWan

08-29-2006, 08:40 PM

Originally posted by DecoJuicer
That's life in the grown up world. Sorry.

Word!

smeyrt

08-29-2006, 11:18 PM

Originally posted by cewldre
Well, who knows which side atually started the fight, the point is that your buddy did "drink and drive" regardless of how many he atually had. The other guy may have flipped out, but so did your friend. Neither were in the right, but the police placed blame on the guy with a record... They didn't see it being so who would they believe, mad guy, or mad guy who is by law drunk?

And you think your guys are strict? Try going 26 in a 25 and getting pulled over... Now that's rough.

Oh, and just so we can figure this whole thing out, tell him to get a lawyer and press charges. If this story is indeed accurate (althought I might be sensing that this story is a tad skewed in your buddies favor) he might have a chance to get some sort of compensation from the fact he was thrown into a windshield. It's going to be a hard battle though.
26 in a 25 that soes suck

smeyrt

08-29-2006, 11:22 PM

Originally posted by Bugz-TT
Questions that come to mind from reading the opening post:

Who threw the first punch, shove, or derogetory remark to make large angry guy loss all control and put your buddy's head thru window? If your buddy threw the first punch, the other guy claims selfdefense, and then emblishes on how drunk your buddy was when your buddy is trying to fight the DUI. Done and over.

Where you with said buddy?

Where there any witnesses to the altercation?
Witness will be the best thing to help or hinder your buddies plight.
NO I wasnt with him but somw on w wlse was who didnt fight.
Knowing Ryan pretty well he never throws the first punch and Ive known him for a while
and yes Ive already told hi mabout the lawyer thing I just had to tell you guys what happened over the weekend

smeyrt

08-29-2006, 11:26 PM

Originally posted by chazwicke
I'm suspecting that his buddy was probably somewhat over .08%. And I'm wondering what was on the rap sheet. More DUIs? In the area where I live you can get arrested for DUI even under .08% but it almost always gets tossed out by the judge. However, you usually need a lawyer so you'll have some expenses and hassles. Drinking and driving is just not smart or worth it. I carry a portable breathalizer in my car. It is very rare when I am faced with driving after a few beers but if and when I'm in that position, I want to know what my % is so I can wait it out if need be. I usually have a ride or use public transportation if I'm out at a tasting or festival.
not a bad Idea. Hey but when it comes to festivals I arrange rides because I know Ill be over. and 2nd yes one other dui like 4 or 5 years ago.

Halgarmeister

08-30-2006, 01:34 AM

Originally posted by smeyrt
I just had to tell you guys what happened over the weekend

The longer this debate goes on, the more I have to ask, did your friend drive a white Camero? And was the vehicle he hit an Expedition?

Fly Creek

08-30-2006, 08:43 AM

Originally posted by smeyrt
...he never throws the first punch...

First punch??? I find that life seems a lot more hassle-free when I avoid those situations where any punches get thrown.

Your friend could be a great guy, but a history of fights and arrests seem to raise a red flag that he might not be a great beer drinker.

As for the lawyer thing - let it go. I obviously don't know all the facts and circumstances, but I am confident that any lawyer who would take that case either does not know what he's doing or is way too desperate for work (probably both). You have to ask yourself if that is the person you want to have doing depositions at $200 per hour...

In sum: take the inevitable plea bargin, be polite to the judge, pay the fines and consider it a learning experience.

hopjack13

08-30-2006, 12:52 PM

first punch ? never let the other guy take the first punch !! fist fights are won and lost with the "first punch" that said, if your buddy was drinking and driving and hit a car and nobody was in that car, he should never have pulled over (mistake 1) i would've taken the liscense plate of the vehicle and bailed !!! sent him a letter with my insurance info when i sober'd up ! i know most of you will disagree with this and probably find my reply asinine and selfcentered, but anything i can do to avoid a dui, i'll probably try, so F#@K what you're going though! it aint about you, its about me at this point.(besides you weren't even around when the $#*T happened) drinking and driving is never the right thing to do but honestly now folks, im willing to bet most of you have done it at least once !