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Suspended License

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buckeyefool

buckeyefool

He's back and better than ever!
    • I really don't see how this was legal to begin with or how it was upheld. If He is drinking a six pack at home and then passing out, why does the state have the right to take away his license?


    Court Upholds Beer Drinker's License Loss <SMALL>
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    </SMALL>    [size=-2]August 17, 2004 05:39 PM EDT[/size] <SMALL>

    </SMALL>
    HARRISBURG, Pa. - A judge ruled the state can suspend the driver's license of a man who lost his driving privileges after his doctor reported to police that he drank a six-pack of beer a day.

    But the judge also said Keith Emerich may obtain restricted driving privileges as long as he uses a device that tests his blood-alcohol content before starting his car.

    Emerich, 44, a printing company employee, was notified in April he would lose his license, about two months after he disclosed his drinking habit to doctors treating him for an irregular heartbeat.

    A Pennsylvania law from the 1960s requires doctors to report any impairments in patients that could compromise their ability to drive safely.

    Emerich has said he does not drive drunk and argued that he has reduced his beer drinking to weekends and has a clean driving record apart from a drunk-driving conviction when he was 21.

    Emerich's lawyer, Horace Ehrgood, said Tuesday he was mostly happy about the ruling, which was released Monday, because it would enable Emerich to drive again. But he said it did not address the issue of how Emerich can ever prove to officials he can drive safely.

    Ehrgood said no decision had been made on whether to appeal the ruling.

    Emerich said the legal battle has left him "just about tapped out" financially. "I'm being treated like a criminal. The only crime I committed was getting sick and telling the doctor the truth," he said.

    State Department of Transportation spokesman Anthony Haubert said the department was pleased Emerich's license suspension was upheld.
     
    What?

    This dude needs to call all those dudes from the Puerto Rico military base thread... because the man is keeping him down.


    Just another note... it is not illegal to drink and then drive... its illegal to drink too much and then drive... if this guy weighs a lot... hell 6 might not even put him over the limit... (And if he drinks six every day.. he's blowing his Atkins plan... so he's probably not too skinny)

    What a freaking joke.

    But the judge also said Keith Emerich may obtain restricted driving privileges as long as he uses a device that tests his blood-alcohol content before starting his car.
    Click to expand...

    They might as well hook these to your car every time you walk out of the liquor store.
     
    Upvote 0
    AKAKBUCK said:
    Just another note... it is not illegal to drink and then drive... its illegal to drink too much and then drive... if this guy weighs a lot... hell 6 might not even put him over the limit... (And if he drinks six every day.. he's blowing his Atkins plan... so he's probably not too skinny)
    Click to expand...
    On the radio they said he's 6'0" and 250 lbs. According to the charts used by the PA traffic department, he can have 6 beers in 2 hours and still be below the legal limit in PA.

    Regarding the Atkins thing, if he's drinking Miller Light, then that's just around 20 carbs a day for a 6 pack. Well within Atkins guidelines (not good for the first 2 weeks though, since alcohol is a no-no during that time.)
     
    Upvote 0
    This is a disturbing ruling for several reasons. What bothers me most is the doctor reporting this guy (to whom? the DMV?) Whatever happened to doctor-patient confidentiality and the legal privilege this communication used to enjoy? I understand this privilege has its limits (reporting incest, physical abuse of kids, and such). But reporting any impairment that might affect driving to another public agency, which can then make the information even more public through the legal process, seems way out of line. If you can't be completely honest with your doctor (for fear of getting reported), that's got to jeopardize health care and the integrity of the health care delivery system.

    Maybe the BuckeyePlanet physician who practices in Pennsylvania can comment on this.
     
    Upvote 0
    On the radio they said he's 6'0" and 250 lbs. According to the charts used by the PA traffic department, he can have 6 beers in 2 hours and still be below the legal limit in PA.
    Click to expand...

    I'll keep these stats in mind.... :wink2:
     
    Upvote 0
    If I was that guy I would run a smear campaign on my doctor. What a fucking joke, this guy has not had any alcohol citations since he was 21, and now they throw that in his car? Bullshit. I understand the need to crack down on drunk driving, and I do not condone it by any stretch, but don't you think that they could use some of the time and money that they have put into this ordeal and use it to crack down on the "real" bad guys?
     
    Upvote 0
    Why stop here? If we are going to use the courts to prevent possible future risky behaviour in cars we should do it right!

    First we could have people on a restricted license (due to requiring glasses or contacts) have to pass a vision test each time they get in their car.
    Old people could take a reflex test.
    Cell phones could be automatically disabled.
    Females should have the vanity mirrors removed as they might use them to put on make-up.
    No bears should ever be allowed to drive as some have shown a propensity for binge drinking. Of course there may be other reasons too.
    Radios should be tuned before you get in and locked automatically once the car is in gear.
    If you've EVER used any drug you should have to pee into a little device on the side of the car to activate the ignition.
    After the pharmacist gives you your "do not operate heavy machinery" medication he should call the DMV to have your license revoked.

    I'm sure I've missed some... any suggestions?
     
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