Enablement? Out of gas.

[irish77]

What is the name of your state (only U.S. law)? NJ

This goes along with my charge of a DWI. Wanted to pose this to the group. Opinions are valued. Save your rants for someone else

An hour before I was pulled over by the state trooper I called 411. I was calling because I was on the side of the highway and my car was dead. They sent out a New Jersey Highway Authority truck. A flatbed. The guy got out and asked me what the problem was. I told him that I ran out of gas. He said "oh, okay, I can fill you up." So he fills my truck up with two gallons of gas and charges me for it. My truck was bone dry and would not start without the gas. As he poured the gas in we spoke for about 10 minutes and he charged my card for the cost. He departed and I began to drive. An hour later I was pulled over.

When I went to get my truck the next day from the impound I noticed something about the receipt I had from getting gas the prior morning. The guy who gave me the gas was from the same service station that my truck was impounded at and close to my stop.

I am just curious. Do you think this is something that I should bring up to my lawyer? Do you think that there is some enablement/facilitation factor involved in the case? And is it legal for the NJ Highway Authority to notify the state police, but not try and stop me from getting gas in a car that would not of run witout it?

thanks!

[xylene]

So you were drunk, broken down and called for gas...

[RealAmerican]

A state trooper is trained to identify DWI and conduct FST. The service station worker/driver is not.
Had you told the worker that you were intoxicated then he may have some sort of liability but it would be hard for you to prove.

You hold the sole responsibility for driving drunk this time. Sorry.

[RatPackLar]

They sent out a New Jersey Highway Authority truck- your words? Who are They?

That company probably also has the impound contract as well, as the roadside towing, assistance contract.

Not out of the realm of possibility, and it does not mean anything.

You asked them for gas, and the gave it to you.

enablement/facilitation factor - why? Those guys do not have any "authority to detain DUI drivers. They sure can call the cops, like any other driver who spots a DUI on the road.

Did they? Can you prove they did call on you?

Let me ask you this, if the guy would have tried to detain you for DUI, what would you have done?

Would you have let him?

If he had, and called the cops, you still would have gotten the DUI.

The guy fills you up with only two gallons of gas, in your truck, and an hour later you get pulled over. Why did the officer stop you?

I would surmise, that if the guy had actually called the cops, you would not have been allowed to keep drunk driving for an hour. They would have pulled you over sooner then that, had they known from him, you were DUI.

Food for thought!

[irish77]

Was I guilty of DWI? Yes.
Was my truck out of gas? Yes.
Did he give me gas? Yes.
Is he qualified to detect intoxication? No.
Who were they? On the side of the truck it said NJ Highway Authority.

The only reason I ask is because in a large county outside of Philadelphia a local bar owner was charged with negligent homicide when his bar would not stop serving an underage girl who later left the bar and drove home and crashed her car into a pole killing herself. The guy has been in jail for the past 2 years.

I am not trying to use some loophole or anything of the sort. I am just asking a question. After reading all of the horrible stories on here and on other sites, me being pulled over drunk does not make me some potential killer. If that was the case, we could just nip the "potential" problem of drinking and driving and stop producing alcohol or serving it to people with licenses.

A potential killer is every man, woman, and human with free will. It sucks, but it's true. See Kentucky worker who walked in SOBER and killed 4 co-workers and himself.

It was not my intent to do what I did. I made a mistake. Thanks. I am back to feeling good about myself. I know I am not a bad person.

[irish77]

Originally Posted by RealAmerican

A state trooper is trained to identify DWI and conduct FST. The service station worker/driver is not.
Had you told the worker that you were intoxicated then he may have some sort of liability but it would be hard for you to prove.

You hold the sole responsibility for driving drunk this time. Sorry.

your liability comment is interesting.

[irish77]

Originally Posted by xylene

So you were drunk, broken down and called for gas...

thanks. it's a good thing I don't fly planes.

[BigMistakeFl]

I only know that in Florida on our turnpike, the plazas get all the action related to pretty much anything on that freeway. They sell you the gas, if you need a tow truck it comes from the plazas, if you are arrested for DUI on the turnpike, the plaza gets to impound your vehicle and collect the impound fees.

[xylene]

Originally Posted by irish77

The only reason I ask is because in a large county outside of Philadelphia a local bar owner was charged with negligent homicide when his bar would not stop serving an underage girl who later left the bar and drove home and crashed her car into a pole killing herself. The guy has been in jail for the past 2 years.

Tavern keepers have special duties under the liquor law towards patrons and for their safety.

Also, the fact that this patron was underage and knowingly served is very important.

[RatPackLar]

You screwed up, made a mistake, as you know, it could have been worse. Heck, we just had a 24 year old guy, who wiped out a mom and her four kids, and he was three times the legal limit. Did he set out to kill anybody no, but did he did set the wheels in motion by getting loaded and driving.

He drank way to much, and drove, and he was a potential killer, and he ended up being one.

Anybody who DUI's is a potential killer, and come on, we all know, you get drunk and drive, anything could happen. People do not think that way, but the system and society does, hey you chose to drink and drive, and you killed or injured somebody, they say, hey, you chose to drink and drive, and they will pound you.

The bar owner, who has to be licensed to sell alcohol, has more of an obligation regarding serving and detecting DUI, then some tow truck driver.

You did get lucky. Remember this, whatever the system does to you, it is all Temporary, if you had injured, or killed somebody, or yourself, that is PERMANANT.

Think like a victim of DUI, and that is how they think of you.

[irish77]

Originally Posted by RatPackLar

You did get lucky. Remember this, whatever the system does to you, it is all Temporary, if you had injured, or killed somebody, or yourself, that is PERMANANT.

Think like a victim of DUI, and that is how they think of you.

This really brought a lot of things home for me. I thank you for writing that. You're absolutely right.

[RatPackLar]

He is 24, and will not even get a chance to get out, until he is 60. However the mom and the four kids he killed, will never get a chance to do anything.

We also had a guy, a millionaire, had it all, and killed a mom and her two kids, at 3 p.m. in the afternoon. This guy had two big houses, one up north, had all the toys, and lost it all.

But see, not only did he lose it all, his kids and his wife lost all, cause they all got sued by the victims family. So not only did his DUI kill people, and little kids, but now his kids, and wife, who did not do anything, also pay the price. With DUI, you are always a potential killer.

Remember this, lots of people can go out and drink, and they do not do things like that. More people go out and know what to do and not to do, and do not get DUI. So for those that do, they pound you, and they pound you hard.

[irish77]

I agree. Recently saw in Wisconsin they had to set punishment for those who get 7th, 8th, and 9th DUI's. This is my 2nd in PA and will be a first in NJ. I had ARD in PA for the first time in 2000. I was pulled over both times. Pulled over before something worse happened.

[RatPackLar]

I used to do it all the time, and never got caught. My idiot brother however got nailed twice in 6 months, and they kicked his ass hard. He deserved it all, and he knew it, and he lost it all as well.

But he did say, it could have always been worse, and once he understood that, he made the best of it, got some help, paid his dues, and now he is moving forward. But he did tell me this, and this is where I got that, he did say, ya know, for all the things have happened to me, cause of my stupidity, I did not kill or injure anybody nor myself. I do consider myself lucky. He goes out of his way to tell anybody he knows, do not risk a DUI, it is just not worth it.

Because of him, I do not drink and drive anymore, no way, not worth the risk.

So hang in there, make the best of it. DUI is more complex then people think, I mean look at it this way. The rich and famous, who have millions of dollars to pay for limo's, they do not even have to cab it, and yet they still get popped.

If I had that money, heck, you would never catch me DUI, I would have my limo just wating for me, and the cost for that, could never even come close, to what a DUI, and the potential for death or injury, would be.

You kill or injure somebody, you are going to prison, you are now a Felon, it is just not worth it.

[irish77]

Couldn't agree more. I welcome the punishment and the treatment because I deserve it. Court is 29 days away.