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Justified..?? Life for DWI...
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DrafterX Offline
#1 Posted: Sat, Jan 23 2016, 8:52 PM EST
Joined: 10-18-2005
Posts: 98,552
Texas man sentenced to life in prison after 10th drunk driving offense
Published January 23, 2016


WEATHERFORD, Texas – A judge concerned about public safety sentenced a 62-year-old North Texas man to life in prison for his 10th drunken driving conviction since the 1980s.

Ivy Ray Eberhardt, of Weatherford, Texas, was sentenced Wednesday. Eberhardt would be eligible for parole after serving 15 years.

"Part of my job is to protect the citizens of Parker County, and the only way that I can think of to do that from somebody that has 12 DWI arrests and 10 DWI convictions is to put you in a place that you can't drive for as long as I possibly can," Judge Craig Towson told Eberhardt.

The case involved an April 2014 driving while intoxicated stop in Parker County in which Eberhardt's blood alcohol level was almost four times the 0.08 legal limit for driving in Texas.

While free on bond in that DWI case, Eberhardt cut off an electronic ankle monitor and fled to Colorado, where he was again arrested for drunken driving, prosecutors said.

Eberhardt also had drunken driving conviction in Tarrant and Runnels counties in Texas, records show, and he served three prison terms for the convictions.

Film at 11... Think



He can't be in very good heath anyway right..?? Think
danmdevries Offline
#2 Posted: Sat, Jan 23 2016, 8:56 PM EST
Joined: 02-11-2014
Posts: 17,384
Wow.

How did he still have a license? Or money for a car? Or even money for boos?
DrafterX Offline
#3 Posted: Sat, Jan 23 2016, 8:58 PM EST
Joined: 10-18-2005
Posts: 98,552
I would bet he didn't have a license... I dunno tho... Mellow
frankj1 Offline
#4 Posted: Sat, Jan 23 2016, 9:25 PM EST
Joined: 02-08-2007
Posts: 44,221
even this libtard thinks he's earned it...but there is the 15 year release possibility too.
He is determined to kill someone.
DrafterX Offline
#5 Posted: Sat, Jan 23 2016, 9:39 PM EST
Joined: 10-18-2005
Posts: 98,552
I'm curious what his blood alcohol levels were... was he targeted knowing he prolly had a few beers or was he swerving and stuff going down the highway..?? Think

speaking of which.. I heard there's a movement to lower the DUI level to .05... Think
frankj1 Offline
#6 Posted: Sat, Jan 23 2016, 9:46 PM EST
Joined: 02-08-2007
Posts: 44,221
DrafterX wrote:
I'm curious what his blood alcohol levels were... was he targeted knowing he prolly had a few beers or was he swerving and stuff going down the highway..?? Think

speaking of which.. I heard there's a movement to lower the DUI level to .05... Think

as much as I try to be fair and allow our beautiful justice system work to protect the accused, by now this moron should have transformed into a sober individual.
DrafterX Offline
#7 Posted: Sat, Jan 23 2016, 9:51 PM EST
Joined: 10-18-2005
Posts: 98,552
I agree Frank... no sympathy from me... Not talking


just curious...
frankj1 Offline
#8 Posted: Sat, Jan 23 2016, 10:02 PM EST
Joined: 02-08-2007
Posts: 44,221
DrafterX wrote:
I agree Frank... no sympathy from me... Not talking


just curious...

I was starting to wonder if I had to be the tough guy here!
I do share your concerns about what may be arbitrary and changing legal guidelines...if that is even a concern for you.

But I tell ya what...I'm not driving nowhere tonight, and I know I could but the potential arresting officer may disagree.

I'm not even slurring my typing.
tonygraz Offline
#9 Posted: Sat, Jan 23 2016, 10:19 PM EST
Joined: 08-11-2008
Posts: 20,260
a 10 time loser - gotta be hopeless. They should execute him.




55
DrafterX Offline
#10 Posted: Sat, Jan 23 2016, 10:23 PM EST
Joined: 10-18-2005
Posts: 98,552
and your mom's Valium addiction..?? should she be executed too..?? Huh
rfenst Offline
#11 Posted: Sat, Jan 23 2016, 10:33 PM EST
Joined: 06-23-2007
Posts: 39,330
Public policy dictates prison as long as it takes for him to be unwilling or unable to drive drunk. I think the judge did the right thing. I shudder that he may be out after 15 years if he is capable of driving at that time. This p.o.s. has no respect for society or others.
MACS Offline
#12 Posted: Sat, Jan 23 2016, 10:36 PM EST
Joined: 02-26-2004
Posts: 79,789
frankj1 wrote:
as much as I try to be fair and allow our beautiful justice system work to protect the accused, by now this moron should have transformed into a sober individual.


Amen, Frank. 3 strikes and you're out... this dude had TEN. Lock his dumb ass up and don't let him out.
DrafterX Offline
#13 Posted: Sat, Jan 23 2016, 10:38 PM EST
Joined: 10-18-2005
Posts: 98,552
rfenst wrote:
Public policy dictates prison as long as it takes for him to be unwilling or unable to drive drunk. I think the judge did the right thing. I shudder that he may be out after 15 years if he is capable of driving at that time. This p.o.s. has no respect for society or others.



true... true... Mellow
DrafterX Offline
#14 Posted: Sat, Jan 23 2016, 10:39 PM EST
Joined: 10-18-2005
Posts: 98,552
MACS wrote:
Amen, Frank. 3 strikes and you're out... this dude had TEN. Lock his dumb ass up and don't let him out.




true... true... Mellow
frankj1 Offline
#15 Posted: Sat, Jan 23 2016, 10:50 PM EST
Joined: 02-08-2007
Posts: 44,221
I do believe we have achieved consensus... remember this moment.
DrafterX Offline
#16 Posted: Sat, Jan 23 2016, 11:05 PM EST
Joined: 10-18-2005
Posts: 98,552
TW drank like 17 beers at da bar and drove home once... Mellow
rfenst Offline
#17 Posted: Sat, Jan 23 2016, 11:08 PM EST
Joined: 06-23-2007
Posts: 39,330
frankj1 wrote:
I do believe we have achieved consensus... remember this moment.


We must presently be in an alternate universe. It's the only explanation.
DrafterX Offline
#18 Posted: Sat, Jan 23 2016, 11:13 PM EST
Joined: 10-18-2005
Posts: 98,552
Laugh
danmdevries Offline
#19 Posted: Sat, Jan 23 2016, 11:20 PM EST
Joined: 02-11-2014
Posts: 17,384
DrafterX wrote:
I'm curious what his blood alcohol levels were... was he targeted knowing he prolly had a few beers or was he swerving and stuff going down the highway..?? Think

speaking of which.. I heard there's a movement to lower the DUI level to .05... Think


I do take issue with the hard number of whatever as the legal definition of intoxication. And that's not me defending drunk driving.

I've seen hardened alcoholics that hit 100 (0.10) and are damn near seizure threshold, but above that are perfectly functional rational individuals.

Not saying that's acceptable, but they are not at all impaired at that level.

Then there's others who rarely drink, and are definitely impaired at 0.05 or 0.08. Certainly they need a threshold for prosecution and to define intoxication. But the nature of alcohol abuse is that higher and higher concentrations are needed for impairment. For them, 0.08 is too low. But then if adjusted for well conditioned drinkers, you couldn't prosecute the person at 0.08 that's crapping their pants and speaking incoherently.

I think 0.05 is too low. I can't argue for protecting impaired drivers, but I think this opens prosecution for many who are not in the least bit impaired. 0.08 is a pretty happy medium imo.
rfenst Offline
#20 Posted: Sat, Jan 23 2016, 11:29 PM EST
Joined: 06-23-2007
Posts: 39,330
danmdevries wrote:
I do take issue with the hard number of whatever as the legal definition of intoxication. And that's not me defending drunk driving.

I've seen hardened alcoholics that hit 100 (0.10) and are damn near seizure threshold, but above that are perfectly functional rational individuals.

Not saying that's acceptable, but they are not at all impaired at that level.

Then there's others who rarely drink, and are definitely impaired at 0.05 or 0.08. Certainly they need a threshold for prosecution and to define intoxication. But the nature of alcohol abuse is that higher and higher concentrations are needed for impairment. For them, 0.08 is too low. But then if adjusted for well conditioned drinkers, you couldn't prosecute the person at 0.08 that's crapping their pants and speaking incoherently.

I think 0.05 is too low. I can't argue for protecting impaired drivers, but I think this opens prosecution for many who are not in the least bit impaired. 0.08 is a pretty happy medium imo.


The way a threshold works is that it is used to pressume impairment. The drinker then has the opportunity to disprove impairment. It is just a burden of proof legal matter.

Most don't know it, but one can be convicted of impairment with a sub-threshold blood acohol level. The burden of proof then lies with the state as the drinker is presummed not impaired.
DrafterX Offline
#21 Posted: Sat, Jan 23 2016, 11:37 PM EST
Joined: 10-18-2005
Posts: 98,552
Setting the threshold, so to speak, is questionable it self tho... some may be able to pass the sobriety tests but still blow a higher legal limit.. how do you make it fair or equal between a 150# dude and a 300# dude..?? Huh
MACS Offline
#22 Posted: Sat, Jan 23 2016, 11:40 PM EST
Joined: 02-26-2004
Posts: 79,789
Which is why most lawyers tell you to opt for a blood test. If you take and fail the field sobriety test, the state has already proven impairment, regardless of your BAC. You're screwed.

If you refuse any test, they get you with "implied consent".

The blood test is the most accurate, and since they have to wait for a phlebotomist... you have time to drop your BAC before the blood is drawn.

'Zat about right, counselor?
rfenst Offline
#23 Posted: Sat, Jan 23 2016, 11:42 PM EST
Joined: 06-23-2007
Posts: 39,330
DrafterX wrote:
Setting the threshold, so to speak, is questionable it self tho... some may be able to pass the sobriety tests but still blow a higher legal limit.. how do you make it fair or equal between a 150# dude and a 300# dude..?? Huh


BAC is the equilizer. It is a measured reading that does not take weight into consideration. Agreed that some might be unimpaired at levels that are astronomical, but the "bar" needs to be set somewhere...
rfenst Offline
#24 Posted: Sat, Jan 23 2016, 11:47 PM EST
Joined: 06-23-2007
Posts: 39,330
MACS wrote:
Which is why most lawyers tell you to opt for a blood test. If you take and fail the field sobriety test, the state has already proven impairment, regardless of your BAC. You're screwed.

If you refuse any test, they get you with "implied consent".

The blood test is the most accurate, and since they have to wait for a phlebotomist... you have time to drop your BAC before the blood is drawn.




'Zat about right, counselor?



I do not know. Here in Florida refusing a breath test leads to long-term license suspension. And, even if you beat the charge, you don't get your license back. I like strict impaired driving laws. There is no excuse for impaired driving. It is always 100% preventable. Time to get offf my soap box...
MACS Offline
#25 Posted: Sat, Jan 23 2016, 11:52 PM EST
Joined: 02-26-2004
Posts: 79,789
rfenst wrote:
I do not know. Here in Florida refusing a breath test leads to long-term license suspension. And, even if you beat the charge, you don't get your license back. I like strict impaired driving laws. There is no excuse for impaired driving. It is always 100% preventable. Time to get offf my soap box...


Same as CA. Implied consent is assumed when you accept your license, so by accepting it and driving... you are agreeing to be tested. If you refuse, just like in FLA - bye-bye license.
JGKAMIN Offline
#26 Posted: Sun, Jan 24 2016, 7:08 AM EST
Joined: 05-08-2011
Posts: 1,403
frankj1 wrote:
as much as I try to be fair and allow our beautiful justice system work to protect the accused, by now this moron should have transformed into a sober individual.

Or even staying a freakin drunk, but just not getting behind the wheel when he drinks. As the commercial says, impairment begins with the first drink, so I don't even think of it. fog
madspackler Offline
#27 Posted: Sun, Jan 24 2016, 10:51 AM EST
Joined: 03-07-2000
Posts: 3,608
If this Judge did not put this man away for a while, and the driver proceeded to have a subsequent accident and killed (murdered) another driver/child/family society would be all over the Judge for letting him go. Ten times is about seven too many. Glad to see someone step up and be proactive before someone was seriously hurt or killed.
TMCTLT Offline
#28 Posted: Sun, Jan 24 2016, 11:11 AM EST
Joined: 11-22-2007
Posts: 19,733
madspackler wrote:
If this Judge did not put this man away for a while, and the driver proceeded to have a subsequent accident and killed (murdered) another driver/child/family society would be all over the Judge for letting him go. Ten times is about seven too many. Glad to see someone step up and be proactive before someone was seriously hurt or killed.



Agreed Applause

I'm a firm believer in three strikes your out of here rule regarding risking others lives with ones personal behavior.
frankj1 Offline
#29 Posted: Sun, Jan 24 2016, 11:26 AM EST
Joined: 02-08-2007
Posts: 44,221
26, 27, 28...

impossible to argue against.
teedubbya Offline
#30 Posted: Sun, Jan 24 2016, 11:29 AM EST
Joined: 08-14-2003
Posts: 95,637
Why not 2? Why not 4? 3 is arbitrary presumably based on baseball.

I hope this dude gets help in prison.
TMCTLT Offline
#31 Posted: Sun, Jan 24 2016, 11:33 AM EST
Joined: 11-22-2007
Posts: 19,733
teedubbya wrote:
Why not 2? Why not 4? 3 is arbitrary presumably based on baseball.

I hope this dude gets help in prison.



You make a good point, perhaps 2 should be the number. And I'm sorry I think this individual is beyond any help.
I have a friend who spent the last year " receiving help " with his alcoholism....to NO avail....and he doesn't @ first glance seem to be as ATE UP as this guy.
TMCTLT Offline
#32 Posted: Sun, Jan 24 2016, 11:35 AM EST
Joined: 11-22-2007
Posts: 19,733
teedubbya wrote:
Why not 2? Why not 4? 3 is arbitrary presumably based on baseball.

I hope this dude gets help in prison.



You make a good point, perhaps 2 should be the number. And I'm sorry I think this individual is beyond any help.
I have a friend who spent the last year " receiving help " with his alcoholism....to NO avail....and he doesn't @ first glance seem to be as ATE UP as this guy. I think the only help in prison he'll receive in prison is a lack of access to his drug of choice
teedubbya Offline
#33 Posted: Sun, Jan 24 2016, 11:46 AM EST
Joined: 08-14-2003
Posts: 95,637
I'm sorry for your friend. It took me multiple times to quit cigarettes.

He belongs in jail for putting others in danger but until your last breath it is possible for folks to change. I hope he does. There are obviously personal demons he must deal with. I hope he does.
teedubbya Offline
#34 Posted: Sun, Jan 24 2016, 11:48 AM EST
Joined: 08-14-2003
Posts: 95,637
He deserves prayers as much as anyone. So does your friend. My BIL is an alcoholic and it's nearly killed him. The anti drinking drugs and alcohol don't mix well I guess. Good dude, bad demons.
DrafterX Offline
#35 Posted: Sun, Jan 24 2016, 12:56 PM EST
Joined: 10-18-2005
Posts: 98,552
10 times is kinda a pattern. .. you'd think someone woulda stepped up to help him somewhere along the way... I guess the judge just did.. Mellow
rfenst Offline
#36 Posted: Sun, Jan 24 2016, 1:11 PM EST
Joined: 06-23-2007
Posts: 39,330
DrafterX wrote:
10 times is kinda a pattern. .. you'd think someone woulda stepped up to help him somewhere along the way... I guess the judge just did.. Mellow



Way too late in the saga...
8trackdisco Offline
#37 Posted: Sun, Jan 24 2016, 1:22 PM EST
Joined: 11-06-2004
Posts: 60,078
The legal limit is too low, period.

When people are pulled over, not involved in accidents, but pulled over, and they are found to be four or five times over the legal limit, it tells you the threshold is too low.

not a popular stance I'm sure.
teedubbya Offline
#38 Posted: Sun, Jan 24 2016, 1:37 PM EST
Joined: 08-14-2003
Posts: 95,637
^ you may want to rethink that because I agree with you.

I'm also glad MO has no open container law. I can drink beer in the car as long as the driver isn't. 4 adults in the car 3 open beers no issue. No reason I shouldn't be able to drink in the car. It's a doogooder over response.
shaun341 Offline
#39 Posted: Sun, Jan 24 2016, 1:39 PM EST
Joined: 08-02-2012
Posts: 8,826
Sounds like those ankle monitors really do the job by the way.

Honestly he should have done some major time long before this imo.
Burner02 Offline
#40 Posted: Sun, Jan 24 2016, 3:17 PM EST
Joined: 12-21-2010
Posts: 12,884
MACS wrote:
Lock his dumb ass up and don't let him out.




+1
JGKAMIN Offline
#41 Posted: Sun, Jan 24 2016, 4:02 PM EST
Joined: 05-08-2011
Posts: 1,403
8trackdisco wrote:
The legal limit is too low, period.

When people are pulled over, not involved in accidents, but pulled over, and they are found to be four or five times over the legal limit, it tells you the threshold is too low.

not a popular stance I'm sure.


Really? Four or five times the limit and pulled over but not in an accident? So a BAC of .32 to .40 has somebody driving but not in an accident? Somebody would have alcohol poisoning and/or even falling down stupid drunk at that level and not politely pulling over w/o an accident.

This moron has a problem, no doubt, but he should stay home and not get behind the wheel and play Russian roulette with innocent strangers lives. That he got busted ten times and probably got away with it dozens of other times, and did not kill somebody is a miracle.
teedubbya Offline
#42 Posted: Sun, Jan 24 2016, 4:16 PM EST
Joined: 08-14-2003
Posts: 95,637
Otis should have gotten ol sparky.
Gene363 Offline
#43 Posted: Sun, Jan 24 2016, 4:58 PM EST
Joined: 01-24-2003
Posts: 30,819
rfenst wrote:
I do not know. Here in Florida refusing a breath test leads to long-term license suspension. And, even if you beat the charge, you don't get your license back. I like strict impaired driving laws. There is no excuse for impaired driving. It is always 100% preventable. Time to get offf my soap box...


Absolutely correct. It's so simple, don't drink and drive, ever. I have zero sympathy for anyone getting a DUI.

Other driver and pedestrian lives matter more than the life of an impaired driver.
frankj1 Offline
#44 Posted: Sun, Jan 24 2016, 7:16 PM EST
Joined: 02-08-2007
Posts: 44,221
teedubbya wrote:
I'm sorry for your friend. It took me multiple times to quit cigarettes.

He belongs in jail for putting others in danger but until your last breath it is possible for folks to change. I hope he does. There are obviously personal demons he must deal with. I hope he does.

I agree with this sentiment as well. I am not especially religious yet also believe and try to practice patience and forgiveness...maybe part of Hebrew school stuck!?

It is never too late to change, but it should have become too late to avoid jail 7 or 8 convictions ago. Some poor folks have to hit absolute bottom before change becomes the answer. I've seen this up close. And maybe it would have been a blessing had he been jailed a decade ago.

No one known has been maimed or killed by this individual, but not due to any effort on his part...yet. Hopefully he will be released as a complete and healthier person some day.
Gene363 Offline
#45 Posted: Sun, Jan 24 2016, 8:15 PM EST
Joined: 01-24-2003
Posts: 30,819
frankj1 wrote:
I agree with this sentiment as well. I am not especially religious yet also believe and try to practice patience and forgiveness...maybe part of Hebrew school stuck!?

It is never too late to change, but it should have become too late to avoid jail 7 or 8 convictions ago. Some poor folks have to hit absolute bottom before change becomes the answer. I've seen this up close. And maybe it would have been a blessing had he been jailed a decade ago.

No one known has been maimed or killed by this individual, but not due to any effort on his part...yet. Hopefully he will be released as a complete and healthier person some day.



I spite of having alcoholism and addictive family members and friends I always hope and pray for that day of epiphany when they quit. It is wonderful and anyone that quits has my undying admiration. OTOH, for those that have not reached that point, it doesn't require killing someone to come to your senses about drinking and driving. How many freeby crashes/cripplings/murders is society obligated to suffer until they lose patience and throw the drunk into jail?
teedubbya Offline
#46 Posted: Sun, Jan 24 2016, 8:20 PM EST
Joined: 08-14-2003
Posts: 95,637
I think everyone said he belongs in jail. Now I pray he recovers. The two need not be mutually exclusive.
DrafterX Offline
#47 Posted: Sun, Jan 24 2016, 8:28 PM EST
Joined: 10-18-2005
Posts: 98,552
he'll prolly be making booze in jail... Mellow
Buckwheat Offline
#48 Posted: Sun, Jan 24 2016, 8:37 PM EST
Joined: 04-15-2004
Posts: 12,251
I'm sure his dance card will be full every night. Hopefully he will dry out. Beer
8trackdisco Offline
#49 Posted: Sun, Jan 24 2016, 9:21 PM EST
Joined: 11-06-2004
Posts: 60,078
JGKAMIN wrote:
Really? Four or five times the limit and pulled over but not in an accident? So a BAC of .32 to .40 has somebody driving but not in an accident? Somebody would have alcohol poisoning and/or even falling down stupid drunk at that level and not politely pulling over w/o an accident.

This moron has a problem, no doubt, but he should stay home and not get behind the wheel and play Russian roulette with innocent strangers lives. That he got busted ten times and probably got away with it dozens of other times, and did not kill somebody is a miracle.


Why not just make it .01 as a drunk threashhold? Zero tolerance.

Same for any defect in vision- take someone's license away.

Make speed limits 1 mph. If you are going 2 mph, Licensse pulled. Second speeding ticket, banned for life.

-No more drunk driving.
-No more speeding problems.
-No more high speed accidents.

The point I'm making, is if someone can walk to their car, get the key in the ignition, and make it almost all the way home without an accident, they certainly aren't drunk x 5 five times. Most DWI tickets arise from relatively mild traffic offenses.
-Changing lanes without a directional.
-Weaving.
-Speeding.
-Old tags.
-A head or tail lights out.

From that, the scent of alcohol causes the chain of soberity excersizes that many of us here couldn't do sober.
DrafterX Offline
#50 Posted: Sun, Jan 24 2016, 9:36 PM EST
Joined: 10-18-2005
Posts: 98,552
A DUI is the one crime that can take the average tax paying, law abiding citizen down... and I'm not talking about the dude thats caught on the road after midnight after a night at da bar... having a few beers at dinner or going to watch the game somewhere can do it... Mellow


not defending the idiot that got 10 tho.. Mellow
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