Hok Beat Writer Blows a .325

jsb

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He was still in Columbus covering Iowa last weekend.
 

Sigmapolis

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I’d be happy with a zero tolerance policy with progressive punishments based on BAC.

This view is in no way clouded by how they are treating CBD and marijuana like it’s black tar heroin in red states.

The DEA (and yes, the federal one) says heroin and cannabis are both Schedule 1.

https://www.dea.gov/drug-scheduling

They lump a lot of very dissimilar things together...

"Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Some examples of Schedule I drugs are:
heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote"


Point is -- stupid classification of substances and the problems stemming from the same is not something unique to a certain class of state as sorted by their politics.

This includes alcohol.

There is no shortage of stupid to go around, especially at the federal level.
 

intrepid27

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Hey, cut the gut some slack. After all it is the off-season. What else you gonna do on a Monday night is Iowa City?
 

Farnsworth

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Without looking it up, I believe there is some sort of "aggravated" number where they usually don't or can't plead the offender down, I believe it's over .15 and the punishment is more severe, or something along those lines.

This is not true. For instance if it's your 2nd in a 12 year period, you can still plea down to a 1st no matter what you blow. The judge doesn't even look at the BAC when considering punishment.
 

cycloneted

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This is not true. For instance if it's your 2nd in a 12 year period, you can still plea down to a 1st no matter what you blow. The judge doesn't even look at the BAC when considering punishment.



Take a look at 321J.2(2)(a), which says, as Al4State pointed out, you can't get a deferred judgment if you're over .15
 

BCClone

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Not exactly sure.
This is not true. For instance if it's your 2nd in a 12 year period, you can still plea down to a 1st no matter what you blow. The judge doesn't even look at the BAC when considering punishment.


OWI's are on a rolling 10 year period. You can have 3 in 3 months, wait a little over 10 years and get another and you will be considered first offense. Doesn't make sense to me.
 

thatguy

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The only way to prevent rural drunk driving is to provide some kind of service to transport people. I bet Uber and Lyft have reduced urban drunk driving dramatically.

That said, I'd bet if you looked at the statistics, rural counties have far fewer traffic injuries and deaths (even per capita) due to alcohol. There's just less potential danger.

I use the analogy of firing a loaded gun off into the air. If you're in the middle of nowhere, the odds of hurting anyone are low. If you're in a city, the odds are dramatically increased. The law needs to be the same regardless, but if you're being honest about the danger of the two situations, you know there's a huge difference in the actual recklessness. Which doesn't mean it's acceptable or prudent to do it, ever.


{Peaks head in...} the only reason that so many city and local governments are fighting Uber and Lyft so hard is because DUI's are a profit center for them and Uber and Lyft have put a pretty big dent in that income for local governments.
 

Al_4_State

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This is not true. For instance if it's your 2nd in a 12 year period, you can still plea down to a 1st no matter what you blow. The judge doesn't even look at the BAC when considering punishment.

This is a different thing. Second offenses can be plead down (it could be plead down to public intox and reckless driving theoretically), but you can't get a deferred judgment (a completely different thing) if you have exceeded .15.
 

Al_4_State

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{Peaks head in...} the only reason that so many city and local governments are fighting Uber and Lyft so hard is because DUI's are a profit center for them and Uber and Lyft have put a pretty big dent in that income for local governments.

That and the permit-based monopoly they have with many traditional cab services.
 

CyTwins

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OWI's are on a rolling 10 year period. You can have 3 in 3 months, wait a little over 10 years and get another and you will be considered first offense. Doesn't make sense to me.

I'm pretty positive if you get one 11 years after your first one it's still a second offense. I know someone who got one a long time after their first and it a second offense, had to have been over 10 years
 

BCClone

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Not exactly sure.
I'm pretty positive if you get one 11 years after your first one it's still a second offense. I know someone who got one a long time after their first and it a second offense, had to have been over 10 years


Ive seen just about everyone I know who has gotten multiples use the ten year span. If it's a plea or what. I know a guy who was at five and got most of them erased because he kept his nose clean for enough time to get four of them to time out.

EDIT: Maybe he kept his nose clean because a chunk was spent in the clink. Besides his uncle being the sheriff.
 
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Farnsworth

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I'm pretty positive if you get one 11 years after your first one it's still a second offense. I know someone who got one a long time after their first and it a second offense, had to have been over 10 years

It goes in a 12 year rolling period, at least in Iowa. If you get 3 within 12 consecutive years it's considered a felony, but it resets as ones drop off out of that 12 year period.