How Jim drives nicely..or how no good deed goes unpunished [Archive] - Bimmerforums

BabyM

10-29-2005, 05:55 PM

Once again BMW has shown its superior engineering in saving lives in the event of an accident.

Last night on the way home from dinner we (Jim -jsp98M3, Doug-uberpanzer, Jason-E30is4me, Rob-e21 323i, and I) were stopped at a traffic light in Escondildo minding our own, chatting away when the car exploded.

It took us all a few seconds to realize why there was suddenly so much light in the cabin...smoke...a burning smell...and gee is that the third brake light sticking out of my head?

We were struck from behind by an F150 truck being driven at an estimated speed of 60-65mph by a man who later blew nearly thrice the legal limit.

As we collected ourselves and checked each other out we made our way out of the car. A couple witnesses shouted "He's trying to run away!"

I asked which way then sprinted. I found him 'running' (as best a drunk can do) down the sidewalk. On approach I stuck my right arm out and clotheslined the guy from behind, came back, pushed him the rest of the way down with my hand and kicked him over onto his back.

I said a few words of disapproval, then Jim came up on us, straddled him and reiterated my comments with his own --along with reinforcing hand actions.

We dragged the drunk back to the scene and held him down until the arriving police could cuff him --felony DUI, felony hit-and-run, five counts of injury.

As for injuries, we're all pretty much okay. Jason got the worst of it with a truly magnificent shiner from the airbag. Doug had a minor cut to the forehead, Rob a possible dislocated shoulder, Jim a bag-slapped face and all I got was a nice goose egg from the third breaklight (and my right pec is sore from the encounter with our drunkard)

The car is virtually unrecognizable from the C pillars back. The crumple zones did their job and saved our lives, and even spared us from serious injury.

It's sad to see such a beautiful ///M go. It was an 05 Carbon Black SMG with less than 4k on the clock. In the end though it is just a car. We are all extremely happy to be able to joke and laugh about the scene with no major bodily harm.

We'll post pics as soon as we can get them uploaded. The damage is impressive and reaffirms my faith in the quality of our cars.

trk

10-29-2005, 05:58 PM

Glad to hear you all made it alright. Video of tackling drunk or ban ;)

bugkiller

10-29-2005, 06:07 PM

Wow glad to hear you are all alright, pretty amazing anything could take that large of a hit and allow the passengers to come out with little to no injury.

Mitch

10-29-2005, 06:15 PM

Wow, I'm sorry you had to go through that, but at least the guy didnt get away. He'll be out of the public eye for quite some time.

uberpanzer

10-29-2005, 06:45 PM

Pics will be up in less than an hour. These are from Josie's camera, mine will be up at some point tomorrow (if there are any better angles).

Sorry, no drunk tackling vid. :(

BTW, while Josie and Jim were running down the drunk, Rob was seeing to Jason in his dazed state. I was in the process of getting out of the back seat, and then had to sit and talk to the car for a while....REALLY!!! The car had BMW's SOS system, or whatever they call their version of On-Star. Since the airbags had deployed the '05 went through its routine of unlocking the doors, throwing on the 4 ways, checking its position via GPS, and dialed the 24hr Roadside Assistance, and patch the dispatcher through to the speaker phone in the car. The guy on the other end was trying to figure out what had happened and what kind of assistance if any we needed. I had him call for Emergency Services due to the injuries (Jason and myself so far) and the cops to deal with whatever had hit us.

It's odd though how Rob and I were the only ones in the car that can actually remember multiple SEPARATE impacts. He and I both remember the initial impact and then the front impact coupled with the airbags going off. There was then another jumble of impacts from the truck smacking us AGAIN since we don't think he ever let off the gas. Everyone else just seems to just remember a concussion grenade going off inside the car. :dunno

We were the second car waiting at the light and ended up halfway into the intersection by the time that everything came to rest. The car in front of us had been pushed into the intersection, but luckily not hit by any cross traffic. The lady in this car was fine, just very shook up.

I hate to sound like some BMW geek, but there will be at least one letter from me to BMW NA and Roundell about how this car saved our lives. This is now the second accident I've been in (both times not driving) where a BMW has saved my life. There is no doubt in my mind that had we been in a lesser car all three of us in the back seat would have been killed. The force of the impact was just insane.

....never a dull Friday night in San Diego County....

BabyM

10-29-2005, 06:48 PM

http://img.photobucket.com/albums/v639/mayag/M3wreck102805009.jpg
http://img.photobucket.com/albums/v639/mayag/M3wreck102805010.jpg
http://img.photobucket.com/albums/v639/mayag/M3wreck102805011.jpg
http://img.photobucket.com/albums/v639/mayag/M3wreck102805013.jpg
http://img.photobucket.com/albums/v639/mayag/M3wreck102805017.jpg

BabyM

10-29-2005, 06:49 PM

http://img.photobucket.com/albums/v639/mayag/M3wreck102805012.jpg
http://img.photobucket.com/albums/v639/mayag/M3wreck102805016.jpg
http://img.photobucket.com/albums/v639/mayag/M3wreck102805028.jpg
http://img.photobucket.com/albums/v639/mayag/M3wreck102805032.jpg
http://img.photobucket.com/albums/v639/mayag/M3wreck102805036.jpg

BabyM

10-29-2005, 06:49 PM

http://img.photobucket.com/albums/v639/mayag/M3wreck102805038.jpg
http://img.photobucket.com/albums/v639/mayag/M3wreck102805034.jpg
http://img.photobucket.com/albums/v639/mayag/M3wreck102805040.jpg

BabyM

10-29-2005, 06:50 PM

And Katerina is back to being the queen bitch of the driveway :D

http://img.photobucket.com/albums/v639/mayag/M3wreck102805045.jpg

G. P. Burdell

10-29-2005, 06:56 PM

On approach I stuck my right arm out and clotheslined the guy from behind, came back, pushed him the rest of the way down with my hand and kicked him over onto his back.
:buttrock

I hereby nominate Josie as BF.C Sheriff.

Doctor Wha

10-29-2005, 06:59 PM

SoCal just learned a VERY important lesson:

Do NOT mess with them Loozeyanna wimmens!! They will f[mess]k you up!!! :shifty :blackeye

Way to go, Baby!!! :alright :buttrock

uberpanzer

10-29-2005, 07:01 PM

:nutz:

IchLiebeBMW

10-29-2005, 07:14 PM

NOOOOOOOO that car is beutiful... Im sorry to hear about that. That drunk driver will PAY for his supidity. :evil2

greenlanturn

10-29-2005, 08:00 PM

damn, that sucks what happened to the M3, everyone is ok at least. also, chicks beating up drunk drivers is hot, gj

MillerTime1nine

10-29-2005, 08:01 PM

......quite possibly the most horrible pic I have ever seen, what a shame, I hate drunk drivers

Mitch

10-29-2005, 08:06 PM

also, chicks beating up drunk drivers is hot

Seriously, Josie, that was hot. High-five?

jvit27

10-29-2005, 08:21 PM

Damn that's awful. I've been victim of a similar accident and I know just how freaky it is. Very glad you guys are ok.

Dnz

10-29-2005, 08:22 PM

I think Josie just earned BFC Moderatorship.

WOah its freaky to see how the back crunched but it stops exactly where the passenger cabin starts. Maybe you can use the money for an Mz4 or something now?...

Its always drunks who seem to hit people. Asshats

HOOJ

10-29-2005, 08:33 PM

And Katerina is back to being the queen bitch of the driveway :D
http://img.photobucket.com/albums/v639/mayag/M3wreck102805045.jpg

Glad everyone is all right... I bet Jim will never look at that truck next to the BMW in the same light again (if that's an F150 as well)

2pak

10-29-2005, 08:36 PM

i rode in that car to bimmerforums.... me and tim were in it when it broke the 1200 mile break in.

Croak

10-29-2005, 08:36 PM

Fuck.

bademj00n

10-29-2005, 09:01 PM

damn saw jim's car just a couple months ago in pristine condition. Glad you are all fine.

Jim its time to save up for a new m5 or m6

madness

10-29-2005, 09:07 PM

You guys are awesome for dealing with the accident so well! Good job on catching the drunk. BMW should give you a new M3 or something for being model bimmer-drivers ;)

phillipk

10-29-2005, 09:16 PM

I'm thankful that all of you managed to get the best possible outcome of that shitty situation. I thought that since no one suffered any critical injuries and assumed there must of only been two people since it sounded like the car was smashed in the back. My mouth just dropped when Doug told me that there were 5 of you in that car. And I'm glad that'll your all still here.

Did the guy even apologize or was he just in a drunken haze that entire time? He's lucky you were in a BMW otherwise it could have been another DUI fatality. I hope he gets the maximum sentence he can get.

hal9000

10-29-2005, 10:13 PM

Hey Josie,
First a headlight, now the 3rd taillight...you get a sidemarker thrown at your head and you'll have a full set.
Glad you guys are OK...for a bunch of crash test dummies....:)

TC535i

10-29-2005, 10:53 PM

i rode in that car to bimmerforums.... me and tim were in it when it broke the 1200 mile break in.

Yup, that was my ride for the Bimmerfest '05 weekend. Sad too see it go this way. E60 M5 time, Jimbo...

http://collinscomputerconsulting.com/tim/bimmerfest05/profilebeachsmall.jpg

This is awesome tho... textbook, picture perfect impact-absorbing crumple zone.

http://img.photobucket.com/albums/v639/mayag/M3wreck102805028.jpg

http://img.photobucket.com/albums/v639/mayag/M3wreck102805032.jpg

iCeDmAn

10-29-2005, 11:05 PM

wow that must have been an excrutiating impact! those pictures are insane, and i am so glad to hear everyone is ok and that you got the bastard, the car will be replaced so its ok

Kaiv

10-29-2005, 11:13 PM

Wow that really suck for you guys.
F#ckin stupid drunk driver http://images.bimmerforums.com/vb3images/icons/icon13.gif Could have killed you :mad

Glad to see you guys only have veryy minor injuries / that you are alright. http://images.bimmerforums.com/vb3images/icons/icon14.gif Great handling of the situation http://images.bimmerforums.com/vb3images/icons/icon14.gif

I Hope the owner gets insurance money and that the drunk suck#r gets the sentence he deserves.

Yuen

10-29-2005, 11:14 PM

Crap!! Glad all of you are ok. I'm assuming the others are BFC members as well. It's just crazy how the car got smashed up but all five people are ok. BMW Power.

Mr.M

10-29-2005, 11:17 PM

You should hunt down the structural engineers who designed those crumple zones for your car and write them a thank you note, or direct them to this link ;)
Glad to see you guys are all okay. BMW safety = teh win :buttrock

e30is4me

10-29-2005, 11:27 PM

Thanks for all your comments. It is insane that all 5 of us were in that car and walked out, some of us nearly stumbling...

DDDBMW has pics of at least Doug and I afterwords. With our A.M.A. numbers. kind of comical, I guess...?

Anyways. Thank god we were in such an amazingly well designed BMW or we would have lost some if not all the lives in the vehicle.

I intend to write BMW NA with Doug and thank them personally.

Jason

325rider

10-29-2005, 11:43 PM

At least ur exhaust survived...

Mistermotorist

10-30-2005, 12:24 AM

My 2 cents worth is that the District Attorney be provided with copies of the pictures for use in prosecuting the DUI. I have seen too many instances where our overcrowded courts "process" this type of accident with a slap on the wrist - a fine, a modest restriction of driving privileges and a suspended sentence. IMO, the type of driver who would do this shit on the public street should do some genuine county time - not just a warning. The D.A. has a lot of discretion re: how to charge this type of violation - if I had been in the car, I would make certain that the D.A. - and the court, if necessary, got an earful of what voting citizens who don't go around smashing into innocent motortists have to say about drunk shit heads who do smash into people stopped at a traffic signal.
An argument can cerainly be made that, but for hitting the cars stopped at the light, the pickup would have entered the intersection at speed and run into the side of a car proceeding on the green- with the probable result of killing someone.
Never forget that the D.A. and judges have to run for office and are given their powerful positions by the people they are sworn to protect...I'd also call the local M.A.D.D. people - they are very effective at "lobbying" the D.A. and serving as "watchdogs" to minimize the "revolving door" process of repeat offending drunks.
(end of rant)

e30is4me

10-30-2005, 01:09 AM

BimmerDude18

10-30-2005, 03:01 AM

Glad to see you guys are ok. Apparently BMW lights like attacking Josie's head from what I've heard, maybe you should get one of those softshelled rugby helmets anytime you get near them from now on ;).

Really glad to see everyone walked away from this. That kind of impact is absolutely insane.

Look on the bright side of things, at least now there won't be complaints about the SMG :stickoutt

e21 323i

10-30-2005, 07:41 AM

...I'd also call the local M.A.D.D. people - they are very effective at "lobbying" the D.A. and serving as "watchdogs" to minimize the "revolving door" process of repeat offending drunks.
You know it's interesting...one of the onscene ossifers pretty much stated the same thing...infact sorta encouraged us to contact them. Didn't out right say "call MADD tomorrow", but I'd say he was heavily suggesting we did so. :thumbup:

beatniks325

10-30-2005, 08:50 AM

i hope the drunk when sobering up, realizes how close he came to killing a car-full of people with his actions, and actually learns something from all this.

then i hope he drops the soap in the prision shower.....

BimmerFreak

10-30-2005, 10:09 AM

Im glad everyone came out ok :)
This thread just reminded me to buy some BilletWerks caps for the 540/6 :alright

Sa///M3

10-30-2005, 10:19 AM

Ah man... Those pictures are horrible :(
Glad you all are ok :)

Ben Carufel

10-30-2005, 11:57 AM

Glad you guys are allright. I heard about this from another BF.C member last night and couldn't believe it.

I hope along with the rest of these guys that justice is served for the drunk driver.

I'm also (still) amazed by how well that M3 held up. Awesome stuff.

equate975

10-30-2005, 01:04 PM

Glad to see you guys are alright, times like these you really appreciate BMW aside from their performence, nothings lacks overall in these cars.

Drunk Drivers need to burn in hell.

sirtiger

10-30-2005, 01:09 PM

wow, wicked pics... at least your guys made it out ok....

MR 325

10-30-2005, 01:39 PM

Glad you kiddies are ok :buttrock

uansari1

10-30-2005, 02:29 PM

Great comments. I will at least contact M.A.D.D. and talk to them about the situation.
I hope this guy gets what he deserves... i've heard of way too many cases where the REAL criminals get away. absolutely ridiculous... :rolleyes

Calling M.A.D.D. is a good start, but I would also get in touch with the DA and let him/her know how severe this accident was. If the victim is asking for the harshest punishment to be applied to a case, the DA will be more inclined to pursue it. The victim's word is more influential than even M.A.D.D.

TC535i

10-30-2005, 04:49 PM

Glad to see you guys are ok. Apparently BMW lights like attacking Josie's head from what I've heard, maybe you should get one of those softshelled rugby helmets anytime you get near them from now on ;).

Yaaaaaaaaaaaaay!
http://www.freemobilefun.net/wallp/176_220/tvshows/special-ed.jpg

e30is4me

10-30-2005, 04:54 PM

Damnet Tim... your "Special-Ed" pic isn't coming up...

I thought about being Special-Ed for halloween. I'd probably get my ass beat for it though.

McAllister1

10-30-2005, 05:10 PM

So, did everyone go get checked out at the doc? It would be a very good idea to do so as at speed of hit, even with good bimmer protection will cause some neck and back issues over the next several months. And anyone with a head hit (baby m) might want to get an xray or mri. Experience with that kind of hit proved that stuff does happen even though you shake it off initially.

Also will help DA with sending the happy wanderer to jail for a while

OrestP

10-30-2005, 05:49 PM

Glad that you guys are ok!

Effervescent

10-30-2005, 06:09 PM

Glad there were no serious injuries and that you caught him!

He'll be out of the public eye for quite some time.

Unless this is a repeat DUI for him, I bet that doesn't hold true. My guess is he will be out on bail before the week is through.

And if it's a first time, he will likely strike a bargain of one felony count (DUI) with 12 weeks in County Jail...nuttin' more except the alcohol program and losing the license for one year/assigned risk insurance rates for a few years. :mad

Even with trial delays, he'll be driving tanked again within the year (if it's his first count or if it's been a decade since his last).

-Eff

GEN3RIC

10-30-2005, 06:48 PM

Josie where the hell are you living?! I thought you lived in B.R. LA?

e30is4me

10-30-2005, 08:05 PM

Josie where the hell are you living?! I thought you lived in B.R. LA?
Shes living in San Diego - Poway to be specific. Well, when shes not at me and Doug's house gettin the :eyecrazy giggity on... :alright

///AlpinePower

10-30-2005, 09:25 PM

You're lucky you didn't get trapped in the back. Hope you're all OK.

Look at the carbon fibre rear bumper mount -- it did not explode and splinter like half of BF said it would in an accident...

LarryL

10-30-2005, 09:46 PM

Wow. You guys got lucky. :eek:

Loud_TIGER

10-30-2005, 10:54 PM

holy crap. glad everyone made it out safely.

Mitch

10-30-2005, 11:03 PM

You're lucky you didn't get trapped in the back. Hope you're all OK.
Look at the carbon fibre rear bumper mount -- it did not explode and splinter like half of BF said it would in an accident...

Haha, you're right. It held up quite nicely.

jetmech3421

10-30-2005, 11:04 PM

Glad you're all OK. I don't want to read another thread about the death of a BF.c member.

MR 325

10-31-2005, 02:00 AM

Shes living in San Diego - Poway to be specific. Well, when shes not at me and Doug's house gettin the :eyecrazy giggity on... :alright
http://mysite.wanadoo-members.co.uk/rhyswynne/quagmire.gif

///w3fl3x

10-31-2005, 12:06 PM

Hey Josie,
First a headlight, now the 3rd taillight...you get a sidemarker thrown at your head and you'll have a full set.
Glad you guys are OK...for a bunch of crash test dummies....:)
LOL. sorry had to laugh at that one.

Glad to see that everyone made it out ok. Times like this makes me glad that i gave up on my civic for a safer car.

Hope everything works out for you guys.

auto_pilot

10-31-2005, 12:48 PM

Good to hear everyone is okay...WOW!

Another reason why I should keep my BMW...Just a safer car to have.

Imagine if you were in a Accord...

uberpanzer

11-01-2005, 06:05 AM

Well, I called MADD today and had a nice conversation with one of the ladies there. She was going to do some legwork for me since one of her good friends is a LT on the Escondido Police force (department that responded). She was SUPPOSED to be getting the name of the driver of the truck from the police report and getting back to me with what his disposition was. We also talked about getting in touch with the DA so that I (we if anyone else from the car was going to join me) could plead our case for NOT letting this nimrod back out on the streets. I can understand making a mistake, but this was FAR beyond a small, simple mistake. He was behind the wheel while intoxicated, driving a large, heavy vehicle, driving it at a VERY high rate of speed for the road, and then seemed to not even be paying attention to the traffic signals in front of him NOR the fact that there was a car sitting there, stopped at a light with bright ass LED tail lights.

Anyway, I'll call her back in the morning here and see what she has found out. If she hasn't gotten any more info, I'll do it myself since the guy should be getting arraigned (sp? I don't really care right now anyway) sometime between monday and Wednesday. Once the DA gets a look at the pics we've got I'm pretty sure we'll get them to try and throw the book at this f*#ker.

I also may go to a doctor today depending on how I feel. My neck is OK, but I've basically had a headache since the accident (a few minutes here and there it has gone away, but seems to always return). I hit my head on the driver's seat and was the only one that came out with visible bleeding (from my fivehead where the skin was broken by the impact with the seat). Luckily the seat was soft in the back too, otherwise I might have had a concussion.

BTW, once I get my pics uploaded (later tonight hopefully) I've got a treat for all of you that hated how I treated my car at Bimmerfest.... :stickoutt

onewhippedpuppy

11-01-2005, 07:40 AM

That's way more than a simple mistake. A driver over the limit might have misjudged his stopping distance, and dented the back of that once beautiful M3. That guy didn't see the cars, the red light, anything, he was shitfaced. Do everything you can to insure that he pays for what he has done. Like somebody else said too, all of you should see a doctor, just to be on the safe side, especially now while insurance should cover it. Glad to see everybody in the car was ok, it's a shame to see such a beautiful car sacrificed. Let it live on, stick the S54 into an E30!:)

FredK

11-01-2005, 08:26 AM

Good to see everyone came out in one piece! That looked like quite the accident!

uberpanzer

11-01-2005, 09:00 AM

Glad to see everybody in the car was ok, it's a shame to see such a beautiful car sacrificed. Let it live on, stick the S54 into an E30!:)
Hmm...I just HAPPEN to have an e30 M3 that is in need of a new motor...and tranny right now too...:devillook

onewhippedpuppy

11-01-2005, 09:39 AM

Hmm...I just HAPPEN to have an e30 M3 that is in need of a new motor...and tranny right now too...:devillook

Ah HA! The silver lining!

BabyM

11-01-2005, 12:43 PM

Thanks for all the support guys! I've been feeling a bit under the weather (imagine that!) and haven't been on the forums at all for a couple days.

there is some excellent advice in here --and we plan to take it. like Doug said we're going to make sure this guy takes personal responsibility for his bad choices --from taking him down as he tried to flee, to making sure he does some hard time.

I am writing down all my accident related issues and will get in to the doc's later this week.

I no longer see the M3 as a performance vehicle. Every time i see one now i think *safety*. I know that had i been in any number of other cars, with that speed of impact i would have died. If i had any means to purchase one i would do it today.

///AlpinePower --I hadn't realized that was a question. I'm glad we were able to demonstrate that it works well!

Eric R-- as Jason said i am in SD now, moved out here memorial day weekend :), as for giggity i assume he's referring to humping the e30 m3 :stickoutt

and to the doofuses referring to my multiple head injuries from BMW lights...you just wait until my concussions heal and i'll be able to come up with a witty retort! :shifty

we'll keep everyone posted on the progress of this case --i think a drunk driving incident of this magnitude is of general interest to most people here.

KBtoys

11-01-2005, 01:48 PM

wow, simply incredible.... glad everyone's ok!

EOSphoto

11-01-2005, 03:12 PM

Josie you're my hero

SQ Bimmer

11-01-2005, 03:21 PM

That's insanity...

hal9000

11-01-2005, 03:50 PM

and to the doofuses referring to my multiple head injuries from BMW lights...you just wait until my concussions heal and i'll be able to come up with a witty retort! :shifty

I wait with bated breath for your "enlightening" reply. :D

Seriously, get to the docs ASAP. I wouldn't be surprised if you've got some soft tisue issues, especially neck related that are going to take awhile to recover from.

No strenuous activities in awkward positions! :nono

LinearX

11-01-2005, 04:31 PM

With idiots like that guy on the road, pretty soon ejection seats will be standard equipment.

None of you push yourselves.. let everything heal right.

bellavus

11-01-2005, 07:00 PM

thank god you guys are all ok. How are you all feeling now?

uberpanzer

11-02-2005, 05:09 AM

No strenuous activities in awkward positions! :nono
:(

As an update on the case, the guy that hit is is teh ulimate winnar!!! He was driving on a suspended license. And take a WILD guess at what it was suspended for....

...That right folks, he has previous DUI convictions. You read that right, PLURAL!!!! This tool has THREE past DUI CONVICTIONS!!! Not just charges of, but actually convicted of driving under the influence THREE TIMES before this. I don't have the details yet on those other cases to see if they were anything more than just being pulled over or what, but we'll see. Hell, if they were felony DUI's due to injury then there is NO reason this guy should have been out on the road period. 3 DUI's and your license shouldn't just be suspended, it should be revoked for good. No hardship trips to work or school. Bus, taxi, or hitching a ride with a friend. But what do I know...

I didn't end up making it to the doctor's today. I spent too much time on the phone trying to get info about the case, trying to get in touch with the Victim's Rights Advocate for the county, and talking with one of the rep's for MADD, on top of dealing with the body shop about MY recent accident with a deer (search for the thread in the CA section if you didn't know). I got about 6 hours of sleep though and ended up feeling about as bad or worse once I woke up. Well, doctor time in the morning, after talking with the DA and everyone else some more. This guy is NOT going to get off easy. With the pics we have of what is left of the car and HOPEFULLY what may be dug up on the truck (might look into that in the morning), it should be obvious that this was not just some small accident resulting in a few minor injuries. Had we not been in a $60k+ German built tank, he would be looking at three counts of vehicular manslaughter.

We'll keep everyone updated....

LinearX

11-02-2005, 06:26 AM

To this day I am completely in awe of how bad our legal system is at dealing with repeat DUI offenders. I'm glad I don't live near you guys, because I just cannot forgive guys like this, nor can I trust our legal system to properly punish and restrain them from endangering others.

onewhippedpuppy

11-02-2005, 08:15 AM

I just love how someone can see time for getting caught with a baggie of pot, but they let DUI offenders go with a slap on the wrist, over and over again. I'm not condoning drugs either, but one ruins your life, while the other can ruin the lives of innocent strangers. A guy I used to work with used to say it's because there's no money in it, most of the people I've came into contact with that have multiple DUIs drive crappy cars, are in and out of work, and live in trailer parks. Gotta love our legal system.:rolleyes

ShoreBimmerBoi

11-02-2005, 09:01 AM

time to get yourselves auto injury lawyers. $$$$$$$$$$$$$$$$$$$$$$$$$$$ :evil2

M3's for everyone!!!

uberpanzer

11-02-2005, 09:18 AM

According to the DA he is a day laborer....ie no money for even ONE M3...:(

BimmerDude18

11-02-2005, 10:41 AM

According to the DA he is a day laborer....ie no money for even ONE M3...:(That makes it a bad situation all around. The guy probably has nothing to live for and thinks that you are all rich bastards while he slaves his ass off to get nowhere in life. So he drinks, can't afford a cab home, drives, gets a dui loses his license - downward spiral.

It sucks for him, I don't at all agree with driving drunk, but I have to sympathize with day laborers, a lot of them are just stuck in a bad situation and become alcoholics because of it.

My dad's a contractor - hence why I have dealt with so many :rolleyes

The worst part is he probably doesn't even have insurance, if he does feel really lucky.

Ben Carufel

11-02-2005, 11:03 AM

Doug, I know someone at Fox6...this may be a human interest story?...I'll pass it along.

Mitch

11-02-2005, 11:16 AM

According to the DA he is a day laborer....ie no money for even ONE M3...:(

Oh that is the suck... good luck.

McAllister1

11-02-2005, 01:09 PM

If you can't go after the day laborer, get a lawyer with the balls to go after the system for letting this clown continue to drive with three previous DUI's on his sheet

And BabyM, how does it feel kicking felon ass?

Keep the focus on this, get TV involved, get the bimmers out there to hold a rally with the Chippers to enlighten folks (and get brownie points with Chippers at the same time).

Good luck and please make sure everyone does go to doc and follow up with doc and pt because it will help. I have a nerve that still hurts in my shoulder from flipping a 240Z back in 1975.

G. P. Burdell

11-02-2005, 01:19 PM

Doug, I know someone at Fox6...this may be a human interest story?...I'll pass it along.
Call me a pessimist, but I think the "human interest" reporters/producers would most likely make this case into a story about evil rich bastards trying to beat up on a poor, defenseless day laborer.

Ben Carufel

11-02-2005, 01:22 PM

Call me a pessimist, but I think the "human interest" reporters/producers would most likely make this case into a story about evil rich bastards trying to beat up on a poor, defenseless day laborer.

Or perhaps about how bad drunk driving is getting in that part of the county. There is a huge migrant community in San Marcos...they have many gang problems and etc.

McAllister1

11-02-2005, 01:24 PM

I am too lazy to read all the back fill again but did someone mention that the truck DIDNOT belong to the driver? If that is the case, the truck owner has some level of responsibility to look into.

Reason this is coming from Kentucky, my wife just went through the same thing a couple of years ago with her C280 Sport with about the same results. Difference was that she was alone and the "chaser" was a UK basketball player who took down the drunk driver with one very quick hit. 6'11" and 320 can stop a drunk pretty quickly.

Good luck with your health first and case second.

Croak

11-02-2005, 04:37 PM

bellavus

11-02-2005, 05:34 PM

thanks for the update doug, and hopefully this guy will get what he deserves

hal9000

11-02-2005, 07:06 PM

Last I heard the truck and a Honda were under the same policy. Did anybody find out who or what the policy holder was?

Of course if it's in his name or his family's name, then he's going to have issues because what was a 3 time convicted DUI with a suspended license ever: 1) given access to a truck, and/or 2) issued coverage for 2 cars in the first place.

At least with that record, you know he's not an illegal alien so that gives you more options. I've got the sneaking suspicion that the policy's in a relative's name, which if so, becomes their insurance's problem.

BabyM

11-03-2005, 02:23 AM

And BabyM, how does it feel kicking felon ass?
Pretty good actually...and for the record i used-the-physical-force-necessary-to-subdue-lawbreaker...

my pec is still a bit sore from the strain --like i told Jim at the scene: "My chest hurts, I think it needs a massage!"

---

I went to the doc today and got my lil http://www.techhelpers.net/e4u/animal/tier11.gif scan. it came back normal and the Doc gave me generic vicodan for the headaches :eek:

---

GP --I see your point, but they would have a really hard time portraying us as wealthy (at least those of us who are not Jim --who seems to do ok). I don't want to overstep privacy considerations of my friends but i am pretty sure none of us owns property, a couple of us might be underemployed and I have to say that my debt burden is pretty high after grad school and a spell of unemployment.

If we're talking spin on a story I would also have to say that we would probably be able to communicate with the journalists a bit better...

We were all sober and quietly abiding traffic laws at the time. Then, out of nowhere a three-time loser of a drunk BLAM! destroys a brand-new BMW-car that Jim (a father and former Marine no less) bought with hard-earned money from a business he himself created and has made to thrive. His 4 friends in the car had been helping him with that business and were just coming back from a nice dinner to cap off a tough week of long hours and hard work.

In other words I think we can demonstrate our roles as productive and valuable members of society better than can the jerk who hit us --especially since we didn't allow him to run and shirk his personal responsibility for his actions.

anyway --that's how i see it!

BabyM

11-03-2005, 02:29 AM

Last I heard the truck and a Honda were under the same policy. Did anybody find out who or what the policy holder was? .

It's a woman --we have our suspicions as to who she is too...

what i did not mention in my original post was that when Jim took over on the drunk, i went chasing after a blonde woman who was also scuttling away --I shouted to her "M'aam, were you involved in that wreck?"

She was obviously intoxicated on something and responded that she doesn't own a truck...she doesn't ride in cars and that she was afraid of them, and was basically scurrying away as best she could holding her arms up (i wasn't anywhere near striking distance)

In retrospect, i too would probably be afraid of me in such situation...in any case she will be subpoena'd if she is in fact the owner of the vehicle.

BimmerDude18

11-03-2005, 02:36 AM

abiding traffic laws at the time.I've heard/read enough stories about Jim's driving to be simply amazed by this single line, of course there is the "at the time" disclaimer thrown in.

BabyM

11-03-2005, 03:09 AM

I've heard/read enough stories about Jim's driving to be simply amazed by this single line, of course there is the "at the time" disclaimer thrown in.
I think about what i write....:)

uberpanzer

11-03-2005, 05:45 AM

I've heard/read enough stories about Jim's driving to be simply amazed by this single line, of course there is the "at the time" disclaimer thrown in.
...Thus the title of the thread. :rolleyes

I don't think Jim's cares about his insurance rates, but who knows.

The truck did NOT belong to the driver, and from what the assistant DA said he was not covered under the policy. However, since he was behind the wheel, the owner of the truck is liable, whether her insurance covers the accident or not. We'll see what unfolds with all of that and keep everyone updated. Josie even mentioned that some people on here in SD might be able to help out, ie any of those in the legal field. Paging Scott to this thread....Paging SCOTT!!!!

...and if that doesn't work, we can always head to the lawyer I worked with when two palm trees met their doom a few years back. We'll see....

uberpanzer

11-03-2005, 05:52 AM

BTW, here are a few more pics that I snapped. Some of them are the same angles as the others, some aren't.
http://www.sdgcc.com/images/Jim_P_M3/DSC00156.JPG

Rob standing by the rear damage:
http://www.sdgcc.com/images/Jim_P_M3/DSC00177.JPG
http://www.sdgcc.com/images/Jim_P_M3/DSC00181.JPG
http://www.sdgcc.com/images/Jim_P_M3/DSC00189.JPG
http://www.sdgcc.com/images/Jim_P_M3/DSC00191.JPG
http://www.sdgcc.com/images/Jim_P_M3/DSC00149.JPG
http://www.sdgcc.com/images/Jim_P_M3/DSC00150.JPG
http://www.sdgcc.com/images/Jim_P_M3/DSC00152.JPG

How many miles were on the clock...
http://www.sdgcc.com/images/Jim_P_M3/DSC00168.JPG

Jason less than 2 hours after getting pimp-slapped by the airbag (for writting on the fogged up window :stickoutt)
http://www.sdgcc.com/images/Jim_P_M3/DSC00324.JPG

tlmitf

11-03-2005, 06:51 AM

interesting way to make a hatch:stickoutt

glad to hear everyone is alive and okay.

that bimmer stood up to a f$$ing huge truck, and did its job well.

sorry to hear that there is one less BMW on the roads.

having been in a few accidents {no rear enders tho, touch wood} i know how you feel. And with you noticing the multi impacts just shows that you keep a cool head in a crisis.

TheBestCow

11-03-2005, 08:23 AM

Ow... looks like a slightly dislocated pinky on Jason's hand?

I skimmed through the threads, but I would want to make sure everyone goes to a see a doctor as soon as possible. As I'm sure everyone involved knows, the damage and pain may not show up for a decent period of time. Best to get everything checked by the professionals, first.

That side shot showing the cabin and rest of the car completely intact show you the quality of the vehicle. Simply amazing.

Mitch

11-03-2005, 09:42 AM

M3ti?

piratelife

11-03-2005, 09:50 AM

Glad everyone is OK. I still can't believe those pics, truly amazing. That reason alone is why I will forever remain faithful to BMW. A car that can provide performance while protecting you is a wonderful thing.

BimmerDawg

11-03-2005, 11:38 AM

Looks like an M3ti:

http://www.sdgcc.com/images/Jim_P_M3/DSC00191.JPG

Glad you guys are okay, and I would've loved to see Josie clothesline that guy. :rofl

dualfragment

11-03-2005, 03:49 PM

You are very lucky. I lost a friend a few years ago who had a very very similar accident. He was in his 325is when a truck hit him from behind. The only difference here was that there was a FedEx truck in front of him...crushed the car.

bellavus

11-03-2005, 05:19 PM

omg it's a ti :D. Glad to see that things are starting to get straightened out with them.

cleoent

11-03-2005, 05:57 PM

madness

11-03-2005, 08:35 PM

Wow, I really feel it for you guys. I will be checking this thread often to see how progress on the case is going. Wish there were something I could do to help you guys.

I am not much for large lawsuits, I think they are often just about getting money. But in this case, I'm all for attacking the system, HARD! I don't want people convicted with DUI's on the road with me, my friends, or anyone. It sickens me to read that his license was only suspended after 3 DUIs. I'd like something more like the following. After 1, you should not have a license for 5+ years, because someone who is irresponsible enough to drive drunk takes a long @$$ time to change into a responsible person. After those 5 years, they should be limited to driving cars that will check your blood for alcohol, because I don't think that person should be trusted immediately.

[/begin_rant]

Basically, F**K them dumb selfish bastards who terrorize our roadways under the influence. The police and related authorities may not make any money in punishing DUIs... but lets make it cost them tons of money to not punish DUIs! I wish I had power... I'd change things. Main point is to stop wasting time and money and man power cracking down on relatively pathetic harms that may cause personal harm over the longer term, and instead go after immediate threats to the public. Noone cares if a bunch of teens smoke pot in their house... but everyone will say what a f-up it is when a repeat DUI convict strikes again. Priorities of the system seem so far off here.

[/end_of_rant]

TC535i

11-03-2005, 08:51 PM

For everyone's sake but the owner of the truck, we need to HOPE that the driver was in somebody else's INSURED vehicle.
If he was driving his own truck, with a suspended license, chances are pretty good he didn't have insurance on it, which means Jim's insurance will have to pick up the tab for the vehicle damage, any medical expenses, etc, and means that if there's any "pain and suffering" claims, it's might be a hit to Jim's premiums.
The driver will be liable for restitution if he wasn't insured, but that's like squeezing blood from a turnip.

IIRC, your insurance can't legally raise your rates for a not-at-fault claim, even if it does fall under your "uninsured motorist" portion.

Also, those insurance categories are usually pretty low. Something to check into anyhow...

Too bad nobody got a picture of the woman that left to place her on the scene (in case she was the insured), altho I'd think a few eyewitnesses should be credible enough evidence. :dunno

BabyM

11-04-2005, 03:09 PM

Too bad nobody got a picture of the woman that left to place her on the scene (in case she was the insured), altho I'd think a few eyewitnesses should be credible enough evidence. :dunno
I remember what the crack ho looked like :D

BabyM

11-04-2005, 03:13 PM

Josie, what on earth are you doing posting this anywhere but OT. I'm glad you guys are ok, the license plate cracks me up, but i'm not sure why. Katerina is better anyways. By the way, what the hell are 5 people doing inside a 2 dr sports car? I'm absolutely amazed that you guys aren't hurt, I know they say they design these cars with 5 people to fit, but i never believed it. Incredible, kudos bmw.
Well, we decided to break away from assembling DDE's for dinner and it was a choice between the truck...ironically and F150 as someone noted earlier in the thread...or the M3.

I called shotgun and stood next to the ///M (you see, I am a fan of the way Jim drives. I find him to be a concientious, efficient and very skilled motorist --combining him with the safety one finds in a BMW product just seemed like the right choice at the time!)

Madanss --agreed 100%

///w3fl3x

11-04-2005, 04:13 PM

Hehe... would of been interesting to see how an f150 holds up to the other f150 running into it.

BimmerDude18

11-04-2005, 05:22 PM

Hehe... would of been interesting to see how an f150 holds up to the other f150 running into it.The few times someone hit my in my truck, a 1993 GMC 2500 extended cab short bed for reference, I always had a sore lower back for a few days or even a couple weeks. I was never hit hard enough to damage the truck, but because the frame had to be sturdy for towing etc, and I had a trailer hitch (reese hitch) on it there was never any absorption on my end.

I think they would be in much worse condition in the F150 because of this...

CleanAzzE30z

11-08-2005, 04:58 PM

Took me time to get to this. Man, you dont know how upset I was to see that had this been any other car. I quite possibly could have lost 2 of my closest friends. Im really happy that everyone got out relatively unscathed. Thank god for BMW engineering and safety. One of the few things that HASNT been too tampered with and only improved with time. Nice CF bumper core, btw. Now when the hell are you guys coming up again!!?

e30is4me

11-09-2005, 01:56 AM

Ow... looks like a slightly dislocated pinky on Jason's hand?

Making my way back to this thread kind of late... but in response to the above... Sadly, NO -- that is the way my pinky is. Born with it, hate it, love to make fun of it. LMAO!

Took me time to get to this. Man, you dont know how upset I was to see that had this been any other car. I quite possibly could have lost 2 of my closest friends. Im really happy that everyone got out relatively unscathed. Thank god for BMW engineering and safety. One of the few things that HASNT been too tampered with and only improved with time. Nice CF bumper core, btw. Now when the hell are you guys coming up again!!?

Hey Mariano!!!
Good to hear from you. Thanks for your thoughts.
We need to come chill again soon. You need to see my new car!!!
Hope all is well!

LeftCoastBias

11-15-2005, 12:47 PM

wow, how is this the first time i have heard about this?

and holy shhhhhiiieeet @ the wreckage.

BabyM

11-15-2005, 07:18 PM

wow, how is this the first time i have heard about this?

and holy shhhhhiiieeet @ the wreckage.
that's ok, I know you scour other parts of the board more than the general forum ;)

as do i :paranoid:

**update**

I got my subpoena at work yesterday (and let me just say that SDPD has some fine looking female officers! )

We'll all get to show up in court thursday morning at 8am, Vista, CA --if you're local and want to show up PM me :D

LeftCoastBias

11-15-2005, 08:33 PM

that's ok, I know you scour other parts of the board more than the general forum ;)

as do i :paranoid:

**update**

I got my subpoena at work yesterday (and let me just say that SDPD has some fine looking female officers! )

We'll all get to show up in court thursday morning at 8am, Vista, CA --if you're local and want to show up PM me :D
well... i'm actually not on this board much at all anymore :dunno

i cant make it thursday, as of now... its a little far from downtown. but maybe i can arrange something. i'm sure a nice photoshop thread could come from any photos of this douchebag

e30is4me

11-15-2005, 09:16 PM

i'm sure a nice photoshop thread could come from any photos of this douchebag

Photo's of Josie clotheslining him again before he sits down for the prelim???

Muwah hahahaha :evil2

Eddy@ApexRaceParts

11-15-2005, 09:16 PM

damn don't know how i just noticed this thread now but thats crazy. amazing the car took a hit from a truck at that speed

McAllister1

11-15-2005, 09:34 PM

what is the purpose of the court appearance this Thursday? Is it the Prelim for the DUI guy?

BimmerDude18

11-15-2005, 10:11 PM

Whats going on with the car and insurance, hearing rumors of an attempted repair and I'm not liking that, especially knowing how tweaked it has to be right now.

uberpanzer

11-16-2005, 05:11 AM

Insurance seems to think that the car is repairable, even though BMW says they don't want to do it. So the ins company wants to take it to a different shop. But Jim (or any of us) does not want to see them attempt to cut half the car off and weld on a 'new' rear half. Whatever...Jim will take care of it, no worries.

No paper subpoena for me, but I have gotten a call from the DA trying to make sure I'll be there (saying they attempted to get one to me). I got a call from the MADD Victim's Advocate rep yesterday saying that she saw his name on the docket for Tuesday, so that was probably the prelim, with Thursday being the actual trial. We'll see....

SStan

11-16-2005, 06:16 AM

Ditto on not seeing this until now, shoulda posted somethin in OT too :stickoutt

Glad nobody got serious hurt, that was a solid hit by the truck. What street in Esc did it happen, Center City Prkwy or another?
I work about half a block from the fire dept on Quince, they are always going out on calls. We lost one of our shop trucks couple yrs ago, drunk driver T boned it at Mission and CC Prkwy, scorch marks still on curb :shifty

LeftCoastBias

11-16-2005, 12:10 PM

alexar55

11-16-2005, 12:26 PM

madness

11-16-2005, 12:39 PM

what asshole insurance company is this?

Q+1

BabyM

11-16-2005, 02:11 PM

:eyecrazy

I've seen accidents with MUCH less damage get counted as total losses, how could they even consider what happened repairable??
I think it has to do with them not wanting to replace a 67k dollar car, less than a year old, with only 4k on the clock.

in any case Allstate would be retarded to pay to try and fix this thing and provide a rental car to Jim for the 6 months it would take to 'repair' it (and using genuine BMW parts too -not the taiwanese parts offered :confused)

Oh, and i don't know about clotheslining him again, i'll be very ladylike in my little pink skirt and pumps :D

BabyM

11-16-2005, 02:19 PM

Glad nobody got serious hurt, that was a solid hit by the truck. What street in Esc did it happen, Center City Prkwy or another?
I actually don't know which one it was --one of the 'natives' who was there can answer

It was a major throughway though and there was a denny's catercorner to where we were hit.

SStan

11-16-2005, 02:34 PM

I actually don't know which one it was --one of the 'natives' who was there can answer

It was a major throughway though and there was a denny's catercorner to where we were hit.

Oh crap, only one Dennys in Escondido and its at same intersection Mission and Center City :eek:
Alot of accidents at that intersection, CC is biggest north/south road, 78 offramp feeds into CC and Mission is major east/west street.
When coworker got nailed by drunk at that intersection the pickup (Ford F150 btw) caught on fire, bed with full sized air compressor got tossed 20 ft and he had to crawl thru passenger window to get out. Last time I looked the scorch marks were still there in front of the restaurant across the street from the Dennys.

uberpanzer

11-17-2005, 06:09 AM

...i'll be very ladylike in my little pink skirt and pumps :D
:icon23

Yup, north bound on Center City at the intersection with Mission. Funny, until I looked this up tonight, I was a bit turned around on this and thought that Center City BECOMES the 78 (ie I thought it was Lincoln Parkway). But that was just me not focusing on where we were heading that night...I was just hungry!

Anyway, spoke with the MADD rep again today. She confirmed that he IS up on felony charges (we already knew this, but she hadn't seen it with her own eyes). She also said that his Tuesday court appearance was his "Readyness Hearing" and that the one on Thursday is his Prelim Hearing. We are all going to be at the courthouse at 8am in the morning and will update you afterwards!!!

McAllister1

11-17-2005, 10:57 AM

Well it has to be said: Pix of Little Pink Skirt and Pumps :) Hey, It's cold here in Kentucky what can I say.

KraZy007

11-22-2005, 11:15 PM

Wow this thread is bringing back some old schoolers.

Jim I'm glad to hear that you and all your passengers came out unscathed. Our BMW's are VERY safe indeed.

I'm glad everyone is well.

BabyM

11-23-2005, 07:45 PM

Wow this thread is bringing back some old schoolers.

Jim I'm glad to hear that you and all your passengers came out unscathed. Our BMW's are VERY safe indeed.

I'm glad everyone is well.
:)

we're getting there! three of us are going to a chiropractor to prevent longterm damage.

mcbear --i actually did take a pic for you but it didn't come out so well (camera phone)sorry! :D

----

So! at the hearing the guy plead guilty with a plea bargain for 16 months in prison. :rolleyes we are preparing our witness statements for the actual sentencing in hopes that we can at least tack on a gazillion community service hours and permanent suspended license.

madness

11-23-2005, 07:51 PM

:)

we're getting there! three of us are going to a chiropractor to prevent longterm damage.

mcbear --i actually did take a pic for you but it didn't come out so well (camera phone)sorry! :D

----

So! at the hearing the guy plead guilty with a plea bargain for 16 months in prison. :rolleyes we are preparing our witness statements for the actual sentencing in hopes that we can at least tack on a gazillion community service hours and permanent suspended license.

permanent suspended license

Good call! Give that guy stuff to do (community service) so he can't get to alcohol and driving... and I wish that a suspended license actually made it impossible for him to sit in a driver's seat... unfortunately that technology isn't quite profitable so noone will do it.

Hmmm, I've heard there is a way to tell one's blood suger level using retinal imaging because the blood changes optical properties with different sugar levels... maybe we can do something symilar for blood alcohol level? Retinal scan to turn on the car? :devillook

Optical physics to save lives!! :buttrock :buttrock

yes yes, I'm a physics major nerd

McAllister1

11-23-2005, 08:21 PM

Well, glad it at least started with a jail term. Maybe the VIS will get him to at least think about it. I had a roofer this weekend who I had to bail out of jail so I could get my roof finished before it started snowing and found he gets good and throw up sick when he is 35 feet up on a roof when hung over.

I got to give him my favorite drunk driver story while setting up there with him. When I was in high school (1973) a friend called on CB that he had wrecked after the prom and really really needed help. I went to the wreck site and found that there were several problems. First Dave was very drunk and his 914 had gone hard into a ditch. Second his date for the evening had been, let's just say working his gearshift and the sudden change of pressure had caused the wreck which caused the sudden change in her bite. Blood was everywhere.

Took him to ER to a relative Dr. who took care of everything and kept it quiet. I took his date home by way of a friends house so she could change prom dresses and settle down. And the end result was that Dave no longer could look at Marybeth, he always pointed right, I got a new girlfirend for 4 years and all was happy.

And thanks Baby M for the effort, I appreciate it.

The middle part of that is the part that scares drunks.