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WBEN NewsRadio 930>Audio & Video on Demand>>5-19 Beach and Company Hour 2

5-19 Beach and Company Hour 2

May 19, 2014|

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Automatically Generated Transcript (may not be 100% accurate)

Now we're back -- did you governing a sandy beach and I've been saying all morning as you have to Johnson isn't talking about DW binary counting how. The majority of drunk drivers in Erie county do not face stiff punishment I have a story here from channel for written by -- were goose. And congratulations lows and no father's. Wife is Emily. That's going to be a hard name to announce that she uses all of her name and his name her name is cool moments. And his name is -- So she would be if she wanted to use a -- Emily -- moments were Gould's. That is hard to say but she just had a baby not that long ago as a -- exposed them and this is his story. Drunk driving penalties and you know I like this that TV station it was a serious story and I'm glad that they're taking a serious aspect of it. Because none of us wanna be on the road. This is not imagine stuff this is the real deal this is happening it's it's it's quantifiable. You can you can see the actual numbers of of things that have happened here and that's a what I call good responsible. Reporting. Drunk driving penalties in New York State are tougher than ever before but the majority of drivers charged with DW -- and every county never faced those punishment. About a 2600 people and Erie county arrested each year for misdemeanor DW I but only 17%. Are convicted on that charge. John -- Kodiak was first arrested and this is the problem. Before you talk about John is that how many times have you pick of the paper or turn on the radio or turn on TV and find out that somebody. Has a bit arrested for drunk driving a slow in the of this sixth or seventh their eighth. Conviction. It just never -- I've seen it was -- is like sixteen or seventeen times. I don't know when those video bill of the population in general gonna say this is not acceptable to us. There way back to have a channel four story. A John during Kodiak was first arrested on drunk driving charges a year ago when police say had utility pole Iran and refused to take a breath test. And district attorney francs -- -- said. He urinated on the floor. When confronted about the urinating on the floor he denied urinating on the floor then continued urinating on the floor that's how drunk this guy was. So they'll give you an idea but the judge in the case did not convict him a misdemeanor DW I. The crime he was charged with instead his charges were dropped to a lesser violation of driving impaired. At the time -- -- that deal was furious when asked if he thought that it -- Kodiak has learned his lesson. The DA laughed and said I don't know what. And he was I was being -- Now seven months later said the number of believes the judges are -- are more lenient than the rest of the -- when it comes of the W liked the numbers back him up. In 201283%. Of drivers and every county charged with a misdemeanor DW I at their charge reduced. Or dismissed -- -- repeat that. 'cause this is important. In 201283%. Of drivers and -- Tony. Charged with misdemeanor DW I had their charges reduced or dismissed. I'd love to know why. Because there's really no reason short of I mean short of a very specialized. Narrow. Narrowly focused view on on on this this person that person but those numbers -- you know ridiculous. Defense attorneys say that DA's own plea policy leads to a lot of or reductions saying it's usually common practice for defendant. To be offered a plea. For driving while impaired -- that are driving while intoxicated. If it's -- first time offense there's no accident and the driver's blood alcohol is not above point 13. He recounted prosecutors will usually allow the driver. -- plead guilty to driving impaired. Instead of intoxicated but some data said there are many more serious cases when prosecutors take the cases -- trial. And the judge decides who get would give mercy to -- he says he believes judges want to give a first time offender a break and you know. The brake business currently. That's the first thing they look at. That is why this is a first time offender. It's almost like -- -- bar and we'd get we get one of those coupon books. And the first one is free or the first one is greatly reduce the matter what it is okay no matter what the crime as. Oh it's the first time fans -- I burned a house down and a but that's -- first house now so no way we have to. -- was having him in now and that's what we yet. As -- data says that. Monday that number is 83% I mean it's amazing. To understand why prosecutors and anti drunk driver and advocates see it as a problem. You have to look at those numbers misdemeanor DWIs a crime for which state lawmakers. Are constantly pushing for more consequences. And so that's where we tend to be all fairly generous. We tend to find reasons for everything. About -- the reason is that that's which. Wanna do you don't wanna leave your car at the bar. You'd rather take a chance and drive home and kill yourself or somebody else then after go back and actually get your car the next day think about that. You don't wanna spend money for cab you spend money drink all night but you'll spend money for a -- You don't wanna ask a friend to give you a ride home why. I mean you've got a lot of favors for other people they don't ever -- but to ask for a ride home now just get in the car because I know how to get there. And nothing will happen and that's where things do happen of course. Driving while impaired isn't even a crime it's a traffic violation the carries where that fine a fine and suspended license. Is the same level crime is a speeding ticket or running a stop sign. Now first of all running a stop sign is very serious because that's when people get killed on that. And speeding is serious at certain levels. But you know he gets speeding towards six or seven over and most of the time not always most of the time that's not going to be as big a deal. And Pasadena was the point out. That. 96% of DW I cases end up with a conviction of some sort. Even though most of them get reduce very few people walking away would no punishment. But the punishment is not what the original charge call for which advocates have worked on Stephanie well first of all how about more realistic charges. You know if if somebody is because I never got this. Is it about keeping score. Or is it about justice. Many employers. Whether they're prosecutors or defense attorneys will wanna settle things. Because it looks better on this scorecard. The scorecard for the public. In other words if you're charged with DWY. That's what should be DWY. And you can prove astronomical special set of circumstances. I don't I don't get why it's just reduce routinely. And that's what happens so I'd like to hear from you -- your message to -- judges in New York State regarding VW like I say first the ball. To the prosecutors. Charge what is provable. Okay and then prosecute. Now what is provable and guess what you're gonna win some. And you lose them but it's not about your individual scoreboard it's about the scoreboard for the public. In other words many many many people in the legal business would like to settle because it doesn't come off as a loss. Not a win neither. -- let -- -- losses and that is what it's about it's about the of the roads being sick so we wanted to hear that from you and thanks again the as I said. This article -- channel four. And -- -- nice job on this will be back with more -- -- and company under Israeli and I'm thirty Libya. So -- of the two key numbers here. Around 2600 people an area our county are arrested each year for misdemeanor DWY. Only 17% of them are convicted on that charge. In 201283%. Of drivers and Erie county charged with a misdemeanor DW -- At their charge reduced or dismissed. And I have no sympathy for drunk drivers I'm sorry -- none. The reason you didn't want a world -- car at the bar. It and I get a ride home with somebody or take your cab was inconvenience. It was inconvenient to you that's how much you place -- safety of those on the road about York inconvenience you know what else is inconvenient. Right around a wheelchair the rest your life Berrian convenient. You know what else is inconvenient going to the cemetery. I'm putting flowers on the grave very inconvenient. Having fought so vote of things that were planned there are never going to be fulfilled that's really inconvenient. And what did you do you decided that you could drive home safely and you did you you try to police shooting quite make your home. But it you know what they didn't have to going get your car. At the at the bar because it was -- it was wrapped around a tree or head on with somebody else you may have killed him ever injured them but you -- convenience. Was really more important. Let's go to so in Williams also here on WBN. Hello -- Well this subject is personal and professional playing. -- in the mid to late is I guess this is a bit of history about. When I worked at the Erie county DA's system assistance program. Alone. It PW -- awareness was really becoming reality through May -- and also through. -- DW I can remember quite how it was funded however. Part of when there was a cohesive effort between India and be patient. GA is that says the assistance programs on pipeline and aren't. Whining to fix whatever we could regarding penalties. And one of the things that we thought it was broke with the people. Whose loved ones. Killed maimed or those who were named. Presenting him in the first present to offenders. First time offenders. In the hopes for about never doing this again. Their program was formed those -- people continued their battle. Knowing full well every day every meeting bringing a picture of their daughter. And their loved to run. -- some stones in Helling there's. Story. Not maliciously. Begging people to please -- but the tip in and they went out well it -- -- -- -- -- -- and clearly. These people haggling and clearly they care. You guys know you know I always say every repeat after repeat and and we see sometimes seven offenses and we think this is insanity. It is an affinity and I must say elevates. I'm from shots about the numbers only because he article correctly maybe because it was a huge focus started. -- The approach was that they were gonna get more -- penalties and for awhile there I was feeling quite a few restorations but. My personal dearest friend and a fourteen year old daughter lives in a crash. The kids unfortunately -- there was alcohol involved. You know. She thought the child -- three parents varied their children or are they a week -- -- -- effort became huge and education. -- but a lot of things started moving but I just don't understand that that's how attached to this point when the standard. For Eric DW I was lowered 2.0. Six -- -- It's always doesn't. I can't remember yeah -- can be picked up some knowledge point 12 point oh wait that's I think this is dwindling. Yes so but I can say is the old hearing knowing. They hired efforts to these people in the education in the work in a lot -- that goes into the -- these people. Save our people that go to continue to drink and drive. Actually -- that in -- asleep instead that they appeal a couple tense I have if they don't know what the answer is convicted it doesn't -- -- not. Well said well said and we're glad they have an inside view thank you sue project that. Can you imagine how angry. You would be if you lost a loved one needlessly. Aren't I mean the difference oppose a sudden those storm breaks out. We got some freezing rain or something like that. And you're already on the road and you lose control of your car and somebody is hurt or maybe even tragically killed that's one thing. That you have used only really could've done about that freezing rain were all equal drivers doesn't matter what your driving go to driver York. But with drunk driving that's a whole different ball game. That is a whole different ball game you make the decision. To roll the dice for people you don't even know. You're making that decision for them. There heading home or they're going out for an evening on the town going no movies are going to a player going to a ball game. And you are rolling the dice for them you have no rights to that. Is simply don't and you know as his thing. I've always tried to drive defensively when I started riding motorcycles you really have to drive defensively. But there's nothing you can do if somebody's coming into your -- head on. All of this is that set that's the end of either gonna be -- really hard courts or maybe even killed. And I have I've done nothing wrong I'm driving the speed limit I'm in my lane and there's a senator headlights coming right for me is a plus ago. And I if you are angry. Over losing somebody where what we have no control over like I said a snowstorm or ice or blow auto attire or something like that. The just -- you'd feel for the rest of your life knowing this didn't have to happen and that's why we're very happy to have people. Engaged in this like Elizabeth -- bad. I think it's very important I mean if you talked to people Roswell park. I think most of the people that help. Roswell park financially and promotional a and volunteering. And all that. I have have either gone through. Cancer and cancer scares themselves or family members or neighbors or friends or fellow workers and that's why they wanna get involved and and help. And I think it's the same thing with people like Elizabeth all bad. They understand the danger out there and they wanna help. But we got to do our part we can't assume. That -- superhuman and that alcohol doesn't affect us like it affects everybody else it's ridiculous. So when when we say in 201283%. Of drivers in Erie county charged with a misdemeanor DW I had those charges reduced -- dismissed. This isn't -- keeping score for the DA's office in the lawyers. It's like keeping score. For the general population and I don't like when I'm sitting on the scoreboard will be back. With more -- beach -- company. Your hearing the voice of buffalo WBS. That call us now an 8030930. Cell calls are free and -- nine birdies and our toll free line is 180616. 9236. Backlit Beijing governor AM from the space from a lower gross from channel four says that in 201283%. Of drivers in every county charged with -- misdemeanor VW art. After charges reduced or dismissed. Two day that's unacceptable there really is the scoreboard should be kept by the public. I'm not by how many of cases lawyers didn't lows. And so why I I think that if they're charged properly in the first place. Then you probably you charge them with what you improved. And then you take it to court and you prosecute. And the story. And the story and I'm asking you your message to Western New York judge's. Regarding DW I cases and in a couple of minutes I'll go over the list of annoying habits. From your fellow drivers. Let's go to Anthony thanks for holding in buffalo Anthony -- WB again. I don't see I'm fine thanks EW IE prayers. And to rebook to collaborate. So I got a pretty good end of the emperor -- it. What is it was not intending to -- and right but I would macro front and we added that -- and so we're. Well we went -- -- Your phone call them I would medical alert when. So -- you don't say -- -- call look at you know. They aren't so I wish I lukewarm about twelve miles over the speed limit. Over. In a low point one night. Which it aggravated EWY which can not be reduced from what my wondered well can redeem that's double limit. -- -- but I would not intending to drive. Yeah I can say I especially. If you thought it was an emergency of what what he would do odious to you send somebody be your college police are what do you do I can understand a big concern -- So you know all of its you don't texting and driving and spoke like yeah I'm a volunteer firefighter mean. It. I wanted to blunt the car because you crashed into a tree and being so. Got to -- a book brought -- any and I accept that it was my fault. It's important many but however here's the funny part -- what are. Is -- cop that arrested and he. Police fundraiser but we need to grow. Prior to this incident. It was -- -- -- if you drink and aren't as Carter or. -- not good enough what did you get for punishment for yours and having. Well I got -- it's take away. Had to pay 2500 dollar fine little indicated go to classes. You know alcohol awareness and I'll be hoping it be added to districts we cores so it really does take away first year. Bomb got suspended for my order property for driving. So I mean I got. After it didn't assume you know in -- I would never ever potentially -- to -- If I no longer -- -- keep -- and. -- the IUD I can understand your concern especially. Because that decision had to be made right away it's not like you could sit and wait until you. And so dissipated yet do something like that Americans are -- Only -- I would like age I really what light. Update is pleased there's going to be a fighter fighter I work -- -- profit. Nothing against them but I would like to see them take -- look like detached before they go to work -- Blow won't against him but residual fuel -- are reaching its three you -- all the -- born in -- Quote unquote sweet talks. You can hit squad car -- 7:2 morning when you're here are in -- Al Assad air system. I'm writing that down because I'm gonna I'm gonna add that to our questions. Cops to a breathalyzer before every shift. That's a that's a pretty dramatic. A a statement and I think it's pretty interesting we'll see -- the audience as say about that. And Israel quick excluding -- -- well I'm part of a fighter so I mean does -- to simulate a lot of have to register -- I expect from her. -- -- -- -- You know that's why I should start I got a couple of friends that are involved were part of our I should ask them. If they're volunteers if if -- at a party or something and the alarm goes off. One of delight assume they don't go longer club and I'll have to ask confined now. I just want to make a point but I mean I would I would I was put to surpass what might -- -- punishment well and he. Delivered look at -- good part. Well I'm I'm glad you learned your lesson in thanks for suggesting this other addition to our questions we will use that thank you very much. Why is -- a tough spot. You know it's it's it's tough to say which would do it if you're there. -- for me I probably wouldn't call the police and you know 911 call. Because though because of the emergency with the mother will be when you think. Not a lot of choices there are thousands knots -- that's they're pretty compelling story. What do you think Chris ago widget. I think you'd almost. Have to do when he did not that not that writing -- and his DWY brown if you have a serious emergency like that I can't say that I would I guess I can't say that I would do the same thing with BS situation was especially since. He's the kind of guy that would be trained -- Take care of the in this case -- mother. With the emergency alarm thing out ad that's tough circumstances in which you guys -- really can't it's not always cut rye is what we learn and that's the most compelling. Call I've ever had I think regarding something like this. I'm sure -- -- very rare and if you firefighter -- London ovitz and and I do know some people who are firefighters. Is that if you are volunteer fire first of all if you're paid. Firemen your bureau on duty that's that but save -- volunteer firemen and you're at a party where you know you've had something to drink. And January and you weren't planning to drive home may be your wife for your growth I was gonna do it and suddenly. The alarm goes off and you've got to look you gotta fire on your hands what do you do do you just not goal. I I don't know I've never asked anybody that question but if you're firemen out they are -- -- hero what went -- what you would do have been a dilemma to. Because what would happen if it's if -- you know not enough people on duties somebody's house could be somebody's life. It's pretty yeah pretty compelling stuff flow. Will -- take your calls and they don't three on 93018061692. Through six are 93. We've got a beautiful banker calls and I'm gonna get right to them. Meanwhile the survey from USA today you know. About what bothers you most about people on the road as I look at this I want you guys to work again in on this -- Chris and Tony. As I looked at this here's what I saw driving behaviors ranked as most annoying or offensive. First of all winning far away with 69%. Of the vote. The attacks there people. Texting. Yes and it's scary retirement -- about you see videos and what the results and then afterwards now it's amazing. A lot of times new deal with the texture to your behind him and you know -- driving erratically up. It is going very slower swerving -- and when you finally get around them and I've received and expect that yeah you can tell men and though obviously your eyes have to be -- of vote the road in front of -- or the for a field vision on the sides not a good thing. 69%. Of second place 60%. The tailgate or somebody who's right on well right on your bumper shall we say that in the -- we usually just drive it tell you enter this. I hate it. That's the most annoying and their rates to -- as you can't if there's somebody in front of -- it's -- to speed up you know look at. I look in my mirror and if -- -- their clothes I look at their eyes because what's really scary is if there on your back bumper and they're not looking match. That's really scary that's when I try and tap the brake or something just to give Mo flash of hey here's a little light -- to pay attention to what's going on. And you can you can see the eyes of the driver back -- view without any problem. Among Iowa's look at that and on the part of that is that my motorcycle riding is you watched people's eyes. You'll also watched the front wheels of the vehicles. Because. You can you can be deceived if you're looking at the body. But look at the front wheels because if those whales are not turning -- a car isn't turning so it's something there as number two. Number three where is the 54%. -- multi tasker these people apply makeup. They eat they read they do everything but drive yeah I -- -- too many bills on the road and they're just scary. As the -- start doing things with eye makeup and stuff like that how do you read when you're driving and I've seen that I've seen it on -- -- as a somebody who -- paperback. On the center of their steering wheel and they were reading and looking -- ridiculous. Next the drift there 43%. They go between two lanes they we've in and out and you can tell when they're not paying attention because cars naturally drift and you keep your Ireland. Oh yes in fact last week on over the Grand Island bridge and saw him Buick. Com with his hand -- come with any inch of bouncing off the wall. Because she was drift in Seoul march mansion broader range of Saint Joseph. What are drifters -- they're awful especially when you were trying to get around the guys you're at a different lane from the draft there. I don't try to get around and you don't know is yours and -- I -- not I don't I don't approve drifters especially when their management position here at the station. And the crawler. 39% drives well below the speed limit I think crawlers are as much of a danger is people who were just five or six or seven generate even. Over the limit. Yeah easily see them on Saturdays. Of it because they break the rhythm of the traffic. You're used to a certain rhythm -- what somebody is 1015 miles below to read them. You suddenly. It causes problems they are awful especially when they're in the middle lane and the threw away off and never really got to kind of part this season -- around them so as I looked at it but he text there that sale -- the multi tasker the drifter and a crawler they're all problematic but I've got one that's not gonna show up on any list OK usually you get into trouble. With a left hand turn because you pull in front of some aren't motorcycles have really if the QB careful -- that all right. But I'm saying the people that take. To make a right hand turn into their driveway. They got their hands on the -- this is like trying to dock space ship. And there are slowly turning the weeks and I'm thinking. You -- driveway. Come on this -- any room step on that panel on the right don't be afraid of it turned them. They take forever to make a right hand turn in a wanna be Kelsey -- exactly who rolled his viper in his own driveway. It's harder roller -- their very low and end and wide stance to Roland pure it is hard. Even on a racetrack puts their vineyards February. Is remarkable let's go to our -- inside a bubble look at the Iran WB yeah yeah. -- -- -- shortening of the shell should pick up their phone and how the county legislature. Because the judge and I mean DW I. Can only rule. By the way the -- written I think a lot of they're written rock. If we corrected that and you gave the first DW -- it week in jail I don't mean holding senator I mean put him in the truck and take them opt out it. We'll leave them up there for a week you wouldn't have a lot of and we didn't. Track and sent patient -- a month in jail and the third on throw away the book and give them a year. Well I'd like I like your attitude because I think that if that a crime is charged properly you should prosecute and there and show no tolerance for repeat offenders I'm -- you we've seen 78. You know or. We hold -- the lawyers can say well it's a definite bad and then Wednesday if it was 2 o'clock and -- while -- is different you know ridiculous delay a threatened. You know. I hit three granddaughters. Two of them I didn't drivers want -- -- in -- car and I'd like can't -- until the older homes. Yeah I think got a lot of parents and grandparents are like that while that's a good idea thank you very much -- make sure that the -- a specific. He got to think about it I'd why would in 1912 according to this 83%. Of Roy Erie county drivers charged wild card drivers charged in Erie county -- misdemeanor DW I had them reduced or dismissed. That means either they're totally missed charging these things or there's an abuse there of some way shape or form. Because there's no reason think of any kind of standard. Where 83%. Didn't meet the standard. Does that mean they're not charging them properly does that mean that their way too lenient. I just don't understand this if they're charged properly and the evidence is presented. There shouldn't be an 83%. Reduce or dismissed numbers that we're looking yeah. Will be back tomorrow between company under Israeli and I'm thirty. We RWB yes.

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