And that's why I don't use Moveable Type.
Posted by joan at December 26, 2004 08:45 PMPoint taken.
Posted by: rob mc at December 31, 2004 12:32 AMI was looking for a rapid city blogger, and fouond you.
What is up with this story? So it's ok to rape, if you aren't too drunk?
On March 14, 2004, a Rapid City, SD girl made several bad decisions. She decided to spend the night at a friend's housewhere another was 27 year-old Joseph LaffertyLafferty was a 3-time DUI loser who was on probation and ordered not to drinkRapid City Girl decided to go out and get drunk with her friendRapid City Girl passed out drunk on the floor in an unlocked bedroom Joseph Lafferty broke the conditions of his probation and drank the night of March 14.
Early in the morning of March 15, 2004, Rapid City Girl came to as Lafferty was having sex, or attempting to penetrate, her. She reported Lafferty's sexual assault, and Lafferty was arrested.
Rapid City Police responded to the girl's call, and around 9 am gave her a "breath test" for alcohol (note that the breath test may or may not be accurate) at which time the officer reported she had a BAC of 0.8--legally drunk. If she stopped drinking at 2 am, (given a very conservate decrease of .012/hour rate at which alcohol is metabolized and BAC subsides), she may have had a BAC as high as 0.2 at the time she stopped drinking.
Pennington County deputy state's attorney Jennifer Utter charged Lafferty with raping a person incapable of giving consent because of intoxication, a class 2 felony punishable by up to 25 years in prison and a $25,000 fine.
The case went to trial, and Lafferty was found not guilty of the rape charge in a jury trial. Lafferty's attorney, Pennington County public defender Paula Camp, said she believed her client was acquitted because the state failed to prove the girl was incapable of giving consent through intoxication.
In a separate hearing, 7th Circuit Judge A.P. "Pete" Fuller found that Lafferty's probation violation--getting drunk--wasn't severe enough to send him back to the penetentiary, instead Lafferty has to submit to daily breath tests, attend two Alcoholics Anonymous meetings a week and getting a sponsor within 30 days.
Great. A known sexual predator gets off, and has to attend AA. Remind me not to trust folks in AA.
News Report #2
Alcohol is metabolized from the time that ingestion begins. It takes but a few seconds for alcohol to reach the liver and for metabolism to commence after drinking. Thus, metabolism is occurring during the period that alcohol is being absorbed and distributed throughout the body. To determine the actual blood alcohol level at any given time, we must decrease the theoretical instantaneous peak BAC by the amount of alcohol metabolized from the beginning of drinking. As an example, let us take the 128-pound male who has consumed one can of beer and determine what his likely BAC level would be at the end of one hour. We have already determined that if all the alcohol that he consumed were instantaneously distributed throughout the body, he would have a blood alcohol level of .0302. Now, however, one hour has passed, during which metabolism has occurred. There is considerable variation in metabolism rate. While there are several factors that determine metabolism rate, the prime factor is the recent drinking history since the metabolism rate is determined by the production of an enzyme in the liver which generates more enzymes if over a period of time (usually several months) it is called upon to process frequent/large quantities of alcohol.
Although the average metabolism rate for moderate drinkers produces a .017 per hour decline in BAC level (here termed "Average"), and the average metabolism rate for heavy drinkers (who consume 60 drinks or more in one month) produces a .02 per hour decline (here termed "Above Average"), the range of metabolism rate in the population can go above .040 and below .010. One can either utilize in the calculation the average (.017 per hour decline) metabolism rate, or if one wished to use a very conservative figure, (which less than 20 percent of the population would exhibit), one could use .012 per hour decline (here termed "Below Average") [Note: the BAC Estimator program provides BAC estimates for above average, average, and below average metabolism rates automatically. These three categories of metabolism rate closely approximate a drinker's recent drinking pattern, i.e., frequency and quantity of consumption.]
If we wish to be sure that we can determine when our blood alcohol concentration level has returned to zero, it might be well to use this very conservative (below average) figure. Thus we take the .0302 BAC and subtract .012 for one hour of metabolism and calculate that the estimated BAC at the end of one hour is .0182 for a 128 pound male who has drunk a 12 ounce can of beer containing 4.5 percent alcohol by volume, assuming a conservative metabolic rate of .012 per hour. (The BAC Estimator program rounds-off BAC estimates to two decimal places, thus it would report a calculated BAC of .0182 as .02.)
Posted by: Liz Ditz at December 31, 2004 01:03 PM"And that's why I don't use Moveable Type...
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Ah, the hypocrisy.
Posted by: Space Monkey at November 30, 2005 04:07 PM