Op-Ed: The Greatest Super Power During Halloween is staying sober

By Ross Jurewitz, personal injury attorney

When it comes to drinking and driving during Halloween, you are no Superman.

Halloween is a wonderful holiday for children, families, parties and a large number of ghosts and super heroes on the streets after dark. It’s also a great night to drink responsibly.

Many people don’t realize how just one or a few drinks can impair their judgment and ability to drive safely and sensibly. The best rule of thumb is to not go behind the wheel if you have been celebrating with alcohol.

Many states are passing zero-tolerance laws when it comes to dealing with DUIs and the penalties are severe. In California, if a driver injures someone while legally intoxicated, the driver can be charged with a misdemeanor or felony DUI, depending on the case.

Also, depending whether the driver has any prior offenses, convicted drivers can expect to pay at least $5,000 in attorneys’ fees to their DUI defense attorney and up to $2,000 in fines, receive a prison sentence ranging from four days to one year, and up to a three-year license suspension, as well as possible installation of an interlock ignition device (“blow before you go”).

In 2011, when Halloween fell on a Monday, 44 percent of the nation’s fatalities during the Halloween weekend occurred in a crash involving a driver or a motorcycle operator with a blood alcohol concentration of .08 or higher. According to the National Highway Traffic Safety Administration, from 2007 – 2011, 52 percent of all national fatalities occurring on Halloween night involved a drunk driver.
People injured by a drunk driver in an auto accident typically make two mistakes: (1) they hire a personal injury lawyer who is not experienced in handling drunk driving injury accident cases; (2) they think that a drunk driving personal injury case is just like a typical car accident.

The value of a car accident claim brought about by a drunk driver is typically increased due to the fact that the driver was intoxicated. Under Taylor vs. Superior Court, a DUI car accident lawyer may be able to seek punitive damages or damages exceeding simple compensation to punish the defendant.

Under California law, punitive damages are rare and intended solely to punish the wrongdoer for reckless and malicious conduct done in complete disregard to the safety of others. Certainly that could apply to a drunk driver who knows by drinking he is risking his life and the lives of others.

Unfortunately, according to the 2008 California Statewide Integrated Traffic Records System, 40 percent of all fatal car accidents and 11.5 percent of all motor vehicle injury accidents involve someone driving under the influence of alcohol. Even worse, 42 percent of all fatal San Diego auto accidents and 15 percent of all San Diego County car crashes involving injury are caused by drunk drivers.

Maybe that is why a recent insurance.com survey named San Diego the worst city in America for intoxicated drivers. Here are some useful tips to help keep everyone safe this Halloween:

• Don’t drink.
• If you insist on drinking alcohol, don’t drive. Find a designated driver who remains free of all alcohol or other substances that impair driving skills.
• Drive slowly, and don’t pass stopped vehicles. The driver might be dropping off children.
• Park your mobile phone. Avoid distractions by waiting until you’ve stopped to call, text or surf.
• Watch for children darting into the street. Kids can cross the street anywhere, and most young pedestrian deaths happen at spots other than intersections.
• Yield to young pedestrians. Children might not stop, either because they don’t see your vehicle approaching or don’t know how to safely cross the street.
• Communicate with other drivers. Always use your turn signals. And if you have to pull over to drop off or pick up your kids, turn on your hazard lights.
And to keep your own trick-or-treaters safe: Teach them how to safely cross streets. They should look both ways and cross only at corners and crosswalks.

Consider indoor community Halloween programs for younger kids. Some communities also offer to help you inspect your kids’ treats to make sure they’re safe to eat.
Finally, brighten them up. Avoid dark costumes that are hard to see at night. Give them flashlights and glow sticks, and use reflective tape on their costumes, so drivers can see them.

OpEd: The shutdown that didn’t have to be

By Rep. Susan Davis

Last week, after a 16-day government shutdown, Senate Democrats and Republicans cobbled together a deal to reopen the government and avoid the first ever default in United States history.

The shutdown showdown was a reckless exercise that didn’t need to happen. The final deal could have easily been put together well before all the looming deadlines and without damaging our economy.

How did we get here? A small minority within the House Majority believed they saw a prime opportunity to finally get their white whale – the Affordable Care Act (ACA).

With the government set to run out of money and the debt ceiling fast approaching, a band of House Republicans led by a certain senator from Texas and enabled by the Speaker of the House sought to defund the ACA as a condition to allow the federal government to keep functioning.

President Barack Obama and congressional Democrats rightly proclaimed that this is not the way we do business in America. We work within the system through compromise and bipartisanship, not threaten to bring the whole system down.

The House Majority then moved forward with their strategy of shutting down the government to get concessions from the President on the ACA.

For 16-days, each side waited for other to blink.

Meanwhile the damage caused by the shutdown racked up:

• In San Diego, 33,000 federal workers were furloughed. Many more were required to stay on the job without pay.
• A local economist estimated that San Diego would experience an economic hit of $7 million a week. That means the 16-day shutdown cost our region more that $14 million.
• The Miramar Air Show was cancelled at the last minute costing the base $700,000, which could have an impact on programs designed to benefit military personnel and their families.
• The Cabrillo National Monument turned 100 during the shutdown. Its birthday bash had to be cancelled. The National Park Service estimated that it lost $32 million a day in entrance fees and other revenue.

All the while the deadline to a U.S. default slowly crept up and the stock markets got jittery. Stories of what default would mean began to surface.

It would put us in unimaginable and uncharted territory. It would have a ripple effect throughout our economy—and the world economy, for that matter—from increasing mortgage interest rates to shrinking 401(k) plans to Social Security benefits not going out.

At the 11th hour, a deal was struck between parties. For the most part, save a few minor exceptions, it’s a clean bill.

It funds the government until Jan. 15, 2014, and the debt ceiling is raised until Feb. 7, 2014.

The measure includes a Republican-negotiated provision requiring the administration to ensure the eligibility of individuals receiving subsidies under the ACA, something the administration was planning to implement anyway.

It requires both the House and Senate to work out the differences in the budgets each chamber passed, something Democrats have been asking for months.

And it provides back pay to federal workers.

In the end, the deal passed with bipartisan support in both chambers and ended the crisis.

But did it really have to be this way? One of the unique aspects of our democracy is that despite the disagreements and fights that may occur on legislation, once it becomes law we move on.

We’ve had epic battles before on a variety of issues: suffrage, civil rights, voting rights and Medicare, to name a few.

Of course, there have always been efforts to roll back some provisions in these laws. There have also been efforts—bipartisan efforts—to improve them.

But never before did we have a party shutdown the government and threaten a default to stop the implantation of one law. It’s just not something we did. We’ve always worked within the legislative process.

Sadly, that reputation has been tarnished with this latest fight.

But second chances are as American as apple pie. Hopefully, we will learn from this and realize there are no winners from governing by crisis.

We have a new set of deadlines approaching next year. I hope we show respect for the democratic process and meet these deadlines with a little more dignity.

—Congressmember Susan Davis represents the 53rd Congressional District, which includes La Mesa, Lemon Grove, Spring Valley and parts of San Diego, El Cajon, and Chula Vista. She is senior member of the House Armed Services Committee, serving as the Ranking Member of the Military Personnel Subcommittee. She also serves on the House Committee on Education and the Workforce.

Letters to the Editor

Fitness the focus, not attire

Mr. Larabee, although Caryn and I have not laid eyes on each other in quite some time, I can confirm that the incredible human being you see running by and have had the opportunity to speak with is as stunningly beautiful on the inside as she is on the outside. She always has been [see “What makes Caryn run?” Vol. 5, Issue 21].

Thank you for writing what you have, and for bringing to light the dedication and hard work that it takes to maintain not only Caryn’s level of fitness, but any level of fitness.

Well done sir, well done.

—Chelsea King, via sduptownnews.com

I happened upon your article and am so glad I did! It is fantastic [see “What makes Caryn run?” Vol. 5, Issue 21].

I am Caryn, although I’m certain I’m not as fit as her and I doubt I’m as nice but that’s not the point. When I workout and run, it is often in a jog bra and shorts because that is what I am comfortable in. I figure I’m out being active and deserve to be comfortable. Thanks for supporting us bare mid-drift runners.

—“Tall Mom,” via sduptownnews.com

In the Community Section of your newspaper there is a write up about a local runner named Caryn [see “What makes Caryn run?” Vol. 5, Issue 21].

Your newspaper column disappointed me, not with Caryn, but with the writing style and tone by your columnist Dale Larabee. My opinion: it’s distasteful and shameful.

Your column spends most its writing describing her appearance, her wardrobe and then some senior citizen ogling (Ahh… gross!).

So, “What Makes Caryn Run?” I still don’t know, but my guess is she is running from the creepy senior citizen heteros out there.

I’ve had the pleasure of exchanging friendly “Hellos” and “How are you doing?” with her over the years. Caryn is a sight for sore eyes. But she’s more than that. She has a great character, a great sense of humor and she does embody the spirit of healthy lifestyle.

So I hope that your article doesn’t change her mojo. Mr. Larabee worries that the article may change her running outfit, but I think he should be more worried about how he is perceived in the community after writing this sexist column.

—Michael Lesniak, via email

Difficulty still with speeding traffic

Good luck with getting speeding drivers to stop for pedestrians with any kind of flashing-light crosswalk [see “From Bankers Hill to Balboa Park, safely,” Vol. 5, Issue 20]. A similar device was installed at University Avenue and Alabama Street a few months ago, and has actually made things worse for walkers.

That’s because the city simultaneously closed off the intersection for left car turns with a median island, making the stretch of University appear to drivers more as a thru-way than a 30-mph urban street.

The only thing that really works to slow down fast drivers is a four-way stop or traffic light. The car-pedestrian conflict is in particular a major issue on Sixth Avenue because the city has put several four-way stops on Fourth and Fifth avenues paralleling Sixth in the Balboa Park area.

By having no such stops on Sixth, impatient drivers now use Sixth as their major thoroughfare; just monitor the number of cars exceeding the 30-mph limit despite another solar-powered “cautionary” sign that posts a driver’s speed when a car is going faster than the limit.

Why does the city persist with these costly technological gimmicks when a simply four-way intersection stop would be safer and cheaper?

—Jon Komatsu, via email

Newspaper collections at Central Library

Nice piece, Michael [see “Past meets future at the new Central Library,” Vol. 5, Issue 21]. I’d make just one correction: the newspaper collection – the one researchers use – is still with us on the ninth floor.

Only current subscriptions – today’s Wall Street Journal, New York Times, etc. – has moved to the third floor.

—Rick Crawford, Special Collections via sduptownnews.com

Great description of ArtOberfest

Wow a great summation of the evening [see “South park’s ‘ArtOberfest’ Walkabout,” Vol. 5, Issue 21]. Makes wish I had been there. I loved the way she described the setting around the business, and she was so descriptive. Great job Jessica!

—Milton, via sduptownnews.com

Cartoon: