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"a fish, a barrel, and a smoking gun" |
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Two for the Road
In these intemperate times, the worst thing you can possibly tell Mr. Officer Sir is that you had "just two drinks." The only phrase with less credibility in the English language is "but I didn't inhale." Indeed, "two drinks" is shorthand for at least six. Let's be candid, shall we? Actually limiting yourself to one per hand per sitting is about as much fun as adult circumcision. Still, there you are with the cherries rolling and a flashlight in your bloodshot eyes, your driving privileges in the balance. Since you've obviously been in either a bar or a brewery fire, you don't want to baldly lie to the man. Problem is, every inebriate on the continent who ever raised a glass and turned a key has said it. Alas, the authorities have a way of noticing these patterns over time. This month, Alice Walton - the nation's second wealthiest woman, valued at more than $6 billion by Forbes magazine - is taking her January drunk-driving charge in front of a Little Rock jury. Although she could plea guilty for a paltry $300 and two days of community service (which, to be sure, would be particularly cruel and unusual punishment for the "heiress to the Wal-Mart fortune"), she'll have her day
in court from the scene of her apprehension, she repeatedly asked the arresting officer, "You know who I am, don't you?" When the cop wouldn't play ball, she insisted she'd had just two glasses of wine at a company dinner. Part of Walton's sophisticated defense will rest on medical evidence that she suffered a concussion in the accident, with symptoms including poor memory, dizziness, diminished concentration, and a tendency to mix indignant egoism with the lamest falsehood on the planet. Pity there isn't a law against driving under the affluence.
Speaking of the nouveau riche, lawyers have been thriving on beefed-up DWI and DUI laws for two decades now. Considering the fact that most practicing attorneys never pass the neighborhood bar without buying a round, they're all prima facie experts on the subject. Except, perhaps, Elaine Whitfield Sharp. When the Boston lawyer was busted for maudlin motoring late last month, she allegedly told her arresting officer (after using the old "you know who I am, don't you?" approach) that she was under stress after concluding that her client, "British au pair" Louise Woodward, was guilty. When that didn't work as an excuse for being soused, it was back to the tired and untrue: the Only Two Drinks defense. Sharp's lawyer will argue that she really did have just one refill, but her moderate and sensible intake was exacerbated by a prescription medication for migraines. We can think of only one example of jurisprudence with more staying power and less originality: the "lawyers do it in their briefs" bumpersticker. Meanwhile the 12-step recovery community has been toiling without any major new insights into why people like to feel so good so much of the time. Still, they too have found evidence of the "just two drinks" phenomenon. A recent study by the Hazelden Foundation, one of the country's most exclusive drunk tanks for the rich and thirsty, found that aging boomers are a little hazy on drug and drink policy when it comes to their own kids. Which surprises no one. What is canny, though, is the specifics of their hypocrisy: On the eve of high school graduation throughout the land, 9 out of 10 parents say they would not allow teenagers to drink on prom night. Yet 4 out of 5 would allow their kids to have as many as two drinks any other night of the year. Eventually, the little brats will figure out for themselves that this is the official number of alcoholic beverages consumed by all people at all times.
As it turns out, doing the math has become the name of the game. You may remember Congress was recently threatening to pass a provision that would have required every state in the union to lower the threshold for legal drunkeness to .08 BAC. Indeed, it was one of those baby-kissing bills that no one could publicly oppose without getting their stomachs pumped by the pollsters. Which explains why you never heard that it
died - as befits the clout of the liquor and restaurant lobbies. Put it this way: The alcoholic beverage industry spent nearly $6 million upholding our sacred democratic principles during the last election, contributing to Democrats and Republicans alike; MADD, a chief proponent of the lower limits, spent $0. If there's anyone who keeps an honest count of drinks - and, more importantly, who's paying for them - it's an incumbent.
It would be awfully cynical to say you gotta pay to play, when it comes to legislating morality. But honestly, how can we pursue an aggressive campaign of zero tolerance for drinking and driving, when there isn't a watering hole between New York and San Francisco that doesn't have a parking lot? And show us a city where decent and dignified public transportation is available after bar time. See our point? We Americans love cars - almost as much as we love drink. In the best of all possible worlds, these joys would be mutually exclusive. But moderation has never been a high priority, and we just can't help ourselves from doubling our pleasure. courtesy of E. L. Skinner |
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