Archive for September, 2010

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Murder conviction after DUI in Nick Adenhart case

Posted on Sep 30, 2010

Nick Adenhart had everything going for him. At age 22, he was a major league basketball starting pitcher for the Los Angeles Angels of Anaheim. He also played for the Salt Lake Bees in 2008. But this promising young rookie’s life was cut short on April 9, 2009. Adenhart and two of his friends, 25 year old Henry Pearsons and 20 year old Courtney Stewart were killed in a car accident by a drunk driver. The fourth passenger, Jon Wilhite was seriously injured

Andrew Gallo – The man accused of killing Angel’s pitcher Nick Adenhart

Andrew Gallo, a 23 year old construction worker was driving with a blood alcohol level of three times the legal limit, was found guilty by a panel of jurors for the murder of Adenhart. According to reports, Gallo drank at three separate bars drinking beers and shots before running a red light and crashing into a car killing Adenhart and his two friends, and severely injuring the fourth occupant. Reports also mention that this was Gallo’s second drinking under the influence (DUI) conviction.

Jury Deliberations in Adenhart Case

Gallo was found guilty on three counts of second degree murder. He was also convicted of drunk driving, fleeing the scene, driving under the influence of alcohol, and causing serious bodily injury, for which he received single counts for each of those charges. According to reports, Gallo told police he had no recollection of driving and apologized to the victims’ families.

Andrew Gallo Could Spend 50 Years to Life Behind Bars

Gallo is scheduled to appear back in court mid December for sentencing. He is looking at 50 years to life in the big house. However, in order for Gallo to receive a murder conviction, prosecutors have to convince jurors that Gallo was fully aware of his actions, intentionally drove while his driving was impaired by alcohol, acted with implied malice and wasn’t concern about the possibility of taking someone’s life.

Did Gallo Know The Dangers Of Drinking And Driving?

Gallo’s attorney, Jacqueline Goodman said they will appeal the case against her client because he did not intent to kill anyone. But Gallo knew the dangers of drinking and driving, because his last DUI conviction in 2006, Gallo had signed court documents acknowledging that he is aware that if he drove drunk again and killed someone he could be charged with murder.

So did Gallo intend to kill someone? Of course not, but he did. Apparently he did not learn his lesson from the first conviction and his action clearly showed that he just didn’t care.

Adenhart died just after pitching his first start of 2009. He pitched six scoreless innings in his second debut.

Legal Drinking Age Debate – What Age Should Alcohol Consumption Be Legal?

Posted on Sep 27, 2010

Currently there is a debate in the country brewing to change the age when someone can drink alcoholic beverages legally. What age should alcohol consumption be legal?

Using To Mark Milestones

When a child becomes 13 in America it is considered a milestone; it marks the onset of the teenage years. 16 is another milestone because it is the time in most states when a teenager can drive a car and in many states they can legally marry. 18 is the last of the teenage years when it becomes legal to marry in most states, vote in national elections, volunteer for military service and it is the legal definition of an adult. This marks the time when children become legally responsible for their actions in American society. This is when they are considered adults.

Current Legal Drinking Age

The legal drinking age in the U.S. is 21 years old. It was raised to this level nationally in the 1980s. This was because of a law called the National Minimum Age Drinking Act, was passed by congress and signed into law in the 80s. It forced states that had lower legal drinking ages to raises the legal drinking age or be threatened with the reduction of highway funds provided by the federal government.

When Is Mature Mature?

The main thrust of the debate is when a person is mature enough to be able to drink alcohol responsibly and can almost arbitrary number predict when someone has reach this level of maturity or can reasonably be considered mature. At what age is someone mature enough to be able to alter their consciousness and still be able to make good decisions? Sounds like an oxymoron doesn’t it? Does the fact that your consciousness has been altered almost automatically mean that you have lost the ability to make mature decisions?

Opponents Say Binge Drinking Need to be Regulated

Some argue that the drinking age should be kept at 21 because of binge drinking. Binge drinking is currently being reported in the media as reaching alarming levels recently. Binge drinking is used as evidence that those below the age of 18 are just too immature to be allowed to make a decision about their consciousness.

Proponents Say Binge Drinking Needs To Be Regulated

While on the other side of the debate those proponents of lowering the drinking age use the increase in binge drinking as evidence that the legal drinking age should be lowered. They say that because the legal drinking age is 21 it promotes binge drinking because the prohibition forces underage drinkers to drink in places without regulation.

Should The Legal Drinking Age Be The Debate?

Both arguments seem rather circular in their logic and it seems to the clear thinkers that the ultimate societal concern should be why society produces so many people that need their consciousness altered by a chemical substance alcohol or otherwise just to be able to function socially.

Drinking Debate Continuing Infinites

What needs to be examined is not the arbitrary age or mythical maturity level which allows a person to be able to drink responsibly but what is wrong with us that we need to drink responsibly at all and until this is understood this circular debate can continue until the age is lowered, than after a few decades raised, then lowered again when someone comes along with a better sounding speech or argument. Until the scientific or societal cause is determined nothing will really be solved at all.

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Binge Drinking Laws in Missouri

Posted on Sep 23, 2010

Binge is common but dangerous tradition practiced by many individuals in the state of Missouri. The problem is even more pronounced among teenagers who flout the law by ignoring the ban against underage drinking. However, binge drinking laws are not restricted as they all depend on adult alcohol distributers who sell them the liquor.

Under Missouri law, individuals purchasing alcohol must present an identification to prove that they are above the legal age limit. This however has been totally ignored and has resulted in binge drinking becoming a widespread phenomenon across the state on Missouri. As a result, the legislators of Missouri DWI laws have ensured that the laws they enact have teeth that can make a serious dent into the drinking appetite of binge drinkers.

Missouri Binge Laws Target Parents

In its fight against binge drinking, lawmakers are taking a new approach where they are now tackling the parents of teenagers who are caught up in the act of binge drinking. Studies have shown that children of parents who are heavy consumers of alcohol and lenient about with who and where their kids associate are far more susceptible to becoming binge drinkers. As a result, these parents will now be charged under federal laws.

Missouri crack down on Alcohol Advertisement

While not trying to be a party pooper, the government of Missouri has been taking a serious look into how promoters are allowed to advertise certain events that involves the heavy consumption of alcohol. This affects advertisements that attract both minors and adults alike, as a large majority of DWI related accidents occur while individuals are returning from many of these events. So ads such as all you can drink, all inclusive parties or bottomless jugs will be curtailed under this new law. While they will not stop anyone from coming to these events, promoters must advise patrons to drink responsibly.

Missouri Zero Tolerance Rule

Missouri’s zero tolerance rule stabs right at the heart of the underage drinkers who decide to drive a motor vehicle after their drinking episode. Missouri minors are allowed to drive with only 0.02% blood alcohol content, which is in effect no alcohol at all. If a Minnesota minor is caught driving while intoxicated, their driver’s license is automatically suspended for at least ninety days and one year if they are repeat offenders. In addition, for reinstatement of their driver’s license, they must produce evidence of substance abuse counseling and pay a fine of $45.

Drunk and Disorderly Conduct Law

In order to curtail public opinion and prevent sendingthe wrong message to observing teens, it is prohibited within the state of Missouri to be seen in public drunk and behaving in a disorderly manner. Coupled with this law is the prohibition of the consumption of alcohol in public from a concealed container. Therefore, drinkers cannot consume alcohol openly in parks, cars or street corners.

Time restriction on Opening Hours

Bars and pubs within Missouri are categorized into various groups for licensing. The hour up to which you open and the type of liquor you sell will determine which category you fall. This control process is used for easier monitoring of the various watering holes within the state.

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