bad crash on dl

You

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where did it say he was shitfaced? Just because he was charged with BUI does not mean he was shitfaced, unless your definition of shitfaced is .08 or above


according to the article he was .21 to .29 at the time of the test as the article says something like 'over twice the legal limit' (.1 being allowed on the water....... .1 is easily 'buzzed' for most)

he was drunk there bub. drunk=shitfaced=what's your point?
 


Obi-Wan

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according to the article he was .21 to .29 at the time of the test as the article says something like 'over twice the legal limit' (.1 being allowed on the water....... .1 is easily 'buzzed' for most)

he was drunk there bub. drunk=shitfaced=what's your point?



The 1st article I read said noting about alcohol content. where did you get .21 to .29 that is a pretty big spread?

This is from the forum
"Burns had a blood alcohol content of 0.178 approximately three hours after the crash, according to a blood test taken at Mercy Hospital in Devils Lake, the complaint said."
 

You

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The 1st article I read said noting about alcohol content. where did you get .21 to .29 that is a pretty big spread?

This is from the forum
"Burns had a blood alcohol content of 0.178 approximately three hours after the crash, according to a blood test taken at Mercy Hospital in Devils Lake, the complaint said."

over twice the legal (.1) limit........but not 3x
I'll let u work the math from there. Hint: the answer has already been given

anywho, shitfaced.

What's ur point again?

mine was/is to say he was shitfaced and charged appropriately
 
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Obi-Wan

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over twice the legal (.1) limit........but not 3x
I'll let u work the math from there. Hint: the answer has already been given

anywho, shitfaced.

What's ur point again?

mine was/is to say he was shitfaced and charged appropriately

mine was was to get your facts straight before you post

You said according to the article he was .21 to .29. Over twice the legal limit. Not true

.178. According to the news report


legal limit in a boat. .1. ( I did have to check on the game and fish web site for this )

.178 is not twice the legal limit if the legal limit is .1

I agree it appears he was drunk but testing .178 is a long way from .290
 


raider

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a lot of people in this country don't think driving drunk is a big deal, because they do it themselves while thinking no one will get hurt... i'm pretty sure if the driver would have thought this could happen, he would have acted differently... but it is woven into many of us as standard practice, and just the way it is... our actions have consequences, sometimes life changing or ending...

as someone having loved ones effected by a drunk driving accident, it is something that i wish on no one else...

PLEASE don't assume "everything will be fine"... some day it may not be...
 

weedy1

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The .290 BAC is pretty damn close. You have to assume the boat driver did not consume any alcohol in the 3 hours after the crash. His body was metabolizing the booze in his system over this period of time. According to medical studies on how the human body breaks down alcohol over time the driver could have experienced a 40% reduction of his BAC in this period of time. The greater the amount of alcohol in your system the larger the reduction for that time period. If you take his documented BAC and work back words to the BAC he would have experienced at the time of the crash, it figures out to approximately a BAC of .296. So the 3X the legal limit of .10 for a boat driver is a pretty good description of the conditions that existed at the time of the accident.

The description of "shit faced", "drunk as a skunk", "buzzed" really don't make a difference in this case. The boat driver was extremely impaired at the time of the accident.

I don't believe he was forced to drink the alcohol he ingested, forced to drive a boat at high speed in hazardous conditions, and in the dark. So, if he did all of his willingly he is responsible for his actions and should suffer the consequences he is facing. He is an adult and should be treated as one. I, myself, would find it hard to take pity on a person who committed such a senseless act. Society has been too forgiving of individuals who drink and drive.
 

riverview

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my guess is the driver would change places with anyone of the passengers if he could. yes he should be held accountable but I think there are better ways to punish for crimes like this than putting someone in prison.
 

Fisherman25

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You all have to remember one thing, and I'm not saying it's ok to drink and drive or boat. Each of the individuals that got into that boat that night got in willfully. They made the choice to climb in the boat with someone they were all aware had many drinks that night. So don't just sit and crucify the driver. They all made bad choices.

This is a different situation than someone that climbs in a vehicle and runs into someone else that was sober and doing nothing wrong. Still not right, but different.
 


Fisherman25

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Are the charges out of line When you compare them to similar single motor vehicle accidents ?

Not necessarily. I'm just saying, this guy isn't the devil like some are saying. He made a mistake, and will pay the price by conscience and or law. But they all made a mistake, he was just the driver who will take the blunt.
 

Obi-Wan

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how does this accident differ from the ATV accident by Brush Lake last year when a passenger in the atv was killed. If I am not mistaken the gal from Fargo was charged with negligent homicide and received probation. Similar situations where all had been drinking and a passenger was killed. Why is one charged with manslaughter B felony and the other with negligent homicide a C felony?
 

You

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mine was was to get your facts straight before you post

You said according to the article he was .21 to .29. Over twice the legal limit. Not true

.178. According to the news report


legal limit in a boat. .1. ( I did have to check on the game and fish web site for this )

.178 is not twice the legal limit if the legal limit is .1

I agree it appears he was drunk but testing .178 is a long way from .290

oh obi, I give up. If anyone else wants to step in and explain (apparently in extreme detail (may still be missed)) be my guest! SOLID go at it weedy1 :;:thumbsup

Anyhow, he was shitfaced, and his bac was anywhere from .21 to .29 at the time of the tragedy,(according to the article that stated his bac was over twice the legal limit).........facts don't get much straighter than that fellers

When I was in high school I drove drunk on occasion. My excuse was ignorance/inexperience, invincibility (the feeling was so convincing, I'm still not 100% sure I wasn't invincible) and no babies of my own or the love they've shown me exists. This guy was well frickn old enough. He's very screwed. Eyexers wish may come true, and I'm not too sure it'd bother me all that much and I'm not too sure a sentence like that would even do the situation justice. It sucks bad. Condolences to the fam, and stay strong.
 

BBQBluesMan

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One lesson that can be learned here is that alcohol and driving/operating any kind of motor vehcilce (Boat, truck, car, SUV, ATV, zamboni, plane, helicopter, etc) is not a good idea. This is a terrible ordeal.

When you make the decision to drive a vehicle with other patrons present (particularly when booze is involved), whether it be passengers or bystanders, you are responsible for making sure that you can operate said vehicle to the best of your ability. Drinking severely decreases that ability, no doubt about it. In this situation, the driver is fully responsible. However, as Fisherman 25 said, all of the people on board also made the choice to be drinking and driving on a boat (or atleast aware the driver was somethat intoxicated) late at night on a lake that is notorious for its hazards. He should be punished, but not hung in a tall oak tree in town square. Bad decision, ALL AROUND. Again, thoughts and prayers to all involved. We all have made bad decisions at some point in time.
 
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dirtybirds14

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That's a tough deal for both sides. I'm assuming they were all more then just acquaintances that met that night. I remember few years back when a classmate of mine from Mandan drove drunk and killed 3 of his close friends by the race track in Mandan. Almost all of those family's felt the same as the way I bet these families are feeling right now. Knowing that he needs to be punished for his mistake of getting behind the steering wheel of that boat/car, but at the same time not wanting to never see him again. He will live with this guilt for the rest of his life, which is/isn't a fitting punishment for the crime but damn that's going to be hard in itself. He needs to do some time and hope that once he gets out he is able to make mends with himself and the families can both try to move on from this sad deal. Thoughts and prayers to everyone involved.
 


weedy1

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You all have to remember one thing, and I'm not saying it's ok to drink and drive or boat. Each of the individuals that got into that boat that night got in willfully. They made the choice to climb in the boat with someone they were all aware had many drinks that night. So don't just sit and crucify the driver. They all made bad choices.

This is a different situation than someone that climbs in a vehicle and runs into someone else that was sober and doing nothing wrong. Still not right, but different.


I can see your way of thinking. It was like the group decided to play Russian Roulette. You have to remember though, the boat driver was the one who brought the gun. And instead of putting one shell in the chamber he took one out of a full chamber. They didn't have much of a chance due to his actions. The comparison made with the Mandan accident in another post pales a little bit by comparison as well. The driver and his friends in that accident were all fairly young. The boat driver was 54 years old. He should have known better!
 

shorthairsrus

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It is what it is -- laws are on the books for a reason. I think we all know the laws. Why are the laws on the books -- because back when the baby boomers did crazy $hit they paved the road. I think by now young and old are all educated to know that getting behind the wheel of anything, getting in a vehicle with an impaired driver etc etc. -- is a crap shoot for something bad to happen.

End of story.

PS -- imo -- if this would not have been an overpriced, overrated, Schultz embezzled, rotton transom - LUND --it may of bounced off that tree.
 

Sluggo

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I would be curious to hear what some of the "better ways to punish than prison would be"? It seems like there should be better ways but not sure there are any practical ways. Also, going to prison is not only a punishment to him, it is also meant to be a deterrent for the rest of us so we think twice about doing something like this. I'm sure his life is forever changed and really needs no further punishment himself but as a society we need deterrents in place to hold people accountable when they lead to the death of others which hopefully leads to the PREVENTION of this kinda thing.

my guess is the driver would change places with anyone of the passengers if he could. yes he should be held accountable but I think there are better ways to punish for crimes like this than putting someone in prison.
 

gonefshn

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I find threads like this rather interesting. Especially since I know a LOT of the guys on here who are posting. And I have a tough time believing that any of those posting on this have never driven a boat or a vehicle drunk. Everyone makes posts like they're holier than thou. But I bet every single poster here at one (or more and possibly a LOT more) occasion couldn't be in Tom's very shoes if things had turned bad for them. And I bet every single one of you would be trying to do everything possible to stay out of prison and wouldn't be saying we need to set an example blah blah blah. Not condoning what happened. Just tired of reading the hypocracy. But then I guess that's the way things are nowadays. The laws supposed to put the hammer down on everyone but that "special" you.
 


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