Michael Fox

Michael Fox
Location
Orange County, California, USA
Company
Fox Barker Communications
Bio
Michael Fox has a J.D. from the University of Wisconsin Law School and an M.F.A. and Ph.D. from the University of California, Irvine. He is a partner in Fox Barker Communications, which provides expert public relations, media and communications support to progressive candidates and causes. His legal career has included clerking for the Chief Judge of the United States Court of Appeals for the Sixth Circuit, working for the National Labor Relations Board and the United Steelworkers Union, and arguing numerous cases before federal and state appellate courts. He has also published works on Shakespeare, Samuel Beckett, and French avant garde drama, taught acting, drama and literature, and directed more than 50 plays. He is Artistic Director of Moving Target Theatre and has received an AFL-CIO Award for Meritorious Service for Commitment to Human Rights. He is also a member of the Executive Board of the Democratic Party of California. Michael is married and has one son, one dog, two cats, and five guitars. He is currently directing the play "In Darfur" by Winter Miller.

APRIL 16, 2009 2:03PM

Could You Have Killed Nick Adenhart?

Rate: 12 Flag

Nick Adenhart (1986-2009) 

The death this month of 22-year-old Los Angeles Angels rookie pitcher Nick Adenhart – killed by a drunk driver just hours after making a spectacular season debut – has lead to outrage against drunk driving in general and in particular against the driver who killed Adenhart.

The drunk driver who killed Adenhart -- Andrew Thomas Gallo, also 22-years-old – has been charged with three counts of murder, one felony count of fleeing the scene of a traffic collision involving death or permanent injury, one felony count of driving under the influence causing injury and one felony count of driving with a blood-alcohol level above the .08 percent that is the legal limit in California – Gallo’s blood alcohol level was three times higher than the legal limit – and causing bodily injury.

If convicted, Gallo could spend 55 years in prison.

Gallo is a  particularly unsympathetic figure: he was on probation for a prior drunk driving conviction, was driving on a suspended license, and fled the scene after the crash.

Orange County District Attorney Tony Rackauckas expressed the community’s anger toward Gallo: “As the District Attorney, over the years I have seen some heart-wrenching things," Rackauckas said during a media conference. "They don't get much tougher than this. This Angel and his two friends were too young to be sent to heaven, but the defendant selfishly and recklessly got behind the wheel after getting drunk, and they didn't have a choice…The defendant has acknowledged that he knew the dangers of drinking and driving based on his participation in this alcohol program… Knowing that he had caused this crash, Mr. Gallo cowardly fled the scene on foot without checking on the welfare of those he had just hurt.”

Of course, Rackauckas is correct.

But I question whether many of us are in a moral position to condemn Gallo.

There are people who don’t drink.

There are people who don’t drive.

Just about everyone else has driven drunk.

Especially in the car culture of Southern California – where it is just about impossible to get anywhere without getting behind the wheel – I venture to say that nearly everyone leaving a bar -- or most people leaving a social occasion where they’ve consumed alcohol – are driving drunk.

Of course, most of these people don’t kill anyone.

But that’s just luck.

Coincidentally, in the midst of the outrage over Adenhart’s death, the Los Angeles Times reports that 70 sworn and civilian employees of the Los Angles County’s Sheriff's Department were arrested for alcohol-related offenses last year, the majority for driving off-duty while under the influence of alcohol.

Each of them – and the hundreds more sherrif department employees who drove drunk but didn’t get caught -- could easily have killed someone.

As could all of us who have ever gotten behind the wheel after drinking.

I am not suggesting that we should go easy on Gallo or other drunk drivers.

But in our culture of drinking and driving it is pure chance that many of us are not sitting in his place.

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Very true. monkey fingered.
Lowering the legal limit and stricter enforcement might help.

Compared to our .08%, the EU has .05% as legal limit, even lower for new drivers. Some European countries have "zero tolerance." I believe the UK has a .08% limit, but among my acquaintances I have noticed an absolute reluctance to driving after even one drink.

Very good post.
I haven't. I hope he gets 55 years too. I can say that with clear conscience.
Rated for those who are hypocritical and condemn him though.
Good point. The problem is that we have a society that inevitably produces drunken driving, unless you live within walking distance of your favorite bar. Very few places have a reasonable alternative to driving. In many places, even sleeping it off in your car is illegal.

Until the car culture is dead and gone, we aren't going to see the situation change, either.
Wow--what a provocative post--nicely done. I think you're probably right about this. I remember an episode on L.A. Law where the husband/wife team got stopped for drunk driving but got out of it b/c they had connections with the judge. They felt very guilty and made the point that they could have killed someone. It was very moving. My brother-in-law was killed by a drunk driver on St. Patrick's Day in 1989--it was a very violent death. He was an artist on his way down to Naples to meet with Jimmy Buffet to do some advertising for him. Anyway, another thing that always occurs to me when much is made of a celebrity's death is that his life was not worth more than the other (insert #; I don't know it)s that were killed that same day in this country by drunk drivers.
"I venture to say that nearly everyone leaving a bar -- or most people leaving a social occasion where they’ve consumed alcohol – are driving drunk."

You can venture to say almost anything, but it doesn't make it so. If you are a full size man for example, say 6'1 185, you will have to have four drinks in a fairly short period of time to tip the 0.8 scale. Fewer drinks or a longer period of time spent drinking and recovering from them and you will not be driving drunk. Drinking and driving and drunk driving are in fact two different things. "Nearly everyone" drives after consuming alcohol. But the stigma of driving drunk, and the harsh penalties that should always attend this crime, should be reserved for those who actually do.
I meant to say before that I actually do occasionally have a drink but don't drive drunk. Never, actually. But I think more people do than realize.
I'm a designated driver, so for me that means two drinks (many times none at all), a large meal, and water and/or diet sodas. I have to go to the ladies' room a lot, but I don't even want a buzz when I start up the car. But I didn't always do that, and I'm glad that I was lucky despite my stupid choices.