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007 says

@Taxpayer"

You are partially correct, I spoke with my insurance agent about the insurance required on the farm and equipment. Unless they had a binder written specific for the hayride, the insurance is null and void. Binder was needed since they were transporting people in a non person compatible vehicle. Then to be drunk on top of it created even a larger fiasco. Don't know for sure if there was a binder written or not, either way Hermes is going to pay one way or another.

Taxpayer says

WHO CARES about the BAC?  Here is a fact.  Mike was OVER the "legal limit' and there will NEVER be another hayride again.  NO insurance carrier will cover this event after all these injuries and payouts coming up.  The Hermes family has a long history trying to make a living in the farm industry in Erie County.  You know, trying to make a living by earning PROFIT.  Ooo, those EVIL rich farmers!  Ha! Ha!  The Hermes' have been involved through generations with the FFA and 4H way before you or I were around.  I always thought the family was the LEADER in the farm industry in the county.  The OSP did a very comprehensive report about this incident.  I am grateful no one was KILLED.  It does NOT matter what the BAC or condition the riders were in.  They were NOT operating anything.  So, STOP trying to find that liberal BLAME!  The liberal premise is the wagon overturned because the RIDERS were intoxicated??  The amount of stupidity is astounding.  Ha! Ha!  Mike made a mistake like all of us.  The insurance company will pay out claims and the attorney's will make money.  I hope (hope and change) everyone recovers from their injuries and they were not harmed permanently.        

Ghost Of Sandusky says

GOOD TIME!!! Man glad i had to work that weekend =)

sash says

Does anyone know how the BAC is actually figured? Is the 0.123 percent the the actual number from when the blood was taken (4 hours after the accident), or do they compensate for the time elapsed somehow and estimate that it was 0.123 at the time of the accident? Not really familiar with BAC testing, but was looking at some of the charts and it looked like a 0.123 for a man between 180 - 200 would require from 5-7 drinks in your system depending on the alcohol content of your drinks. If the 0.123 was the actual number 4 hours after the accident, and you metabolize about 1 drink per hour, then he had the equivalent of 9-11 drinks in his system when the wreck occurred. If those numbers are even close to accurate, he had to be slamming those drinks down and partying hard. The road condition is irrelevant. He had no business driving a tricycle, let alone a hayride full of people.

FruGalSpender says

sanduskysteve, my point was that somebody could be .075 but certain foods could bump up the alcohol percent. lots of foods and food additives contain alcohol. can children buy nyquil? does mouthwash show up on a breathlyzer if one gargles with it? 

Wald says

Wisehart is hilarious.  First, he can't wait to get the toxicology report.  Then, when he gets it and it shows his client was trashed, he accuses those who administered it of messing it up.  I'm sure if the toxicology report had cleared his client he wouldn't be making those accusations!  LOL

sanduskysteve says

Frugal - not sure what planet you are on - but I don't think he failed the test because of something he ate.  There were so many beer cans on the tractor his wife was throwing t hem into the field to hide them - come on.  Benefit of the doubt is one thing, but this is really attempting a great stretch of the imagination.  Isn't it?

Also, they probably won't register over the legal limit anyway even if it was the medication or food.  And you really shouldn't be driving after taking nyquil anyway - and certainly I wouldn't be drinking while taking it.  Check the percentage of alcohol by volume, it isn't near that of a beer.

sanduskysteve says

Goofus - I never said that you shouldn't go without a breathalyzer test on the driver, in fact, I said just the opposite - I said that the riders were not responsible for what happened to them - it is all on the back of the driver.  I said to blame the rider would be to say that if a taxi cab picks up a drunk, the drunk should be responsible if the cab driver had been drinking in injures the drunk in an accident.

DGMutley says

" I think there should be an different blood alcohol limit for tractors, seriously. At least .2 cause farmers need to drink. Seriously."<Pundit

Yeah, I used to drink while soldering circuit boards until I kept burning them down.  lol.

em2878 says

@007

au contraire. I'm actually more of a whiskey kinda girl myself, but on the rare occasion that I do enjoy a beer I'll be sure to do that, just for you.

007 says

@em2878:

I never said Mike owned the Mason Jar. Just Hermes owned it. While you're at it, throw another beer can out in the field!!

wiredmama222 says

Princedenny, you may have a point that some of these people perhaps did drive home after having had some drinks, but you have no proof of their BAC, nor how fast they drove, so your comment is rather speculative and rude.  They could have had designated drivers for all any of us knows. 

And calling most of these people "loud-mouthed stupid idiots" is really offensive.  We all have the right to express our opinions whether  they go against what your believe or not.  That is in the constitution.  It is the first amendment.  So in order for you to have the right to say what you believe, you must allow us to say what we believe.  Name calling shouldn't be part of it.  But if that is what you want to do with YOUR first amendment rights, ok.  I just feel it's rude and unnecessary. 

This man, Mr. Hermes, had an obligation to protect those he dragged around on his tractor and haywagon.  He should not have become one of the partiers, but he did.  And now this is the end result and unfortunately, he will have to pay the price for his actions. 

He is lucky that no one was killed or more seriously injured than their were.  Drinking and driving under ANY circumstances is wrong.  Mr Hermes is now finding that out the hard way.  I do not know him or his family.  I do not believe he intentionally set out to hurt anyone,  but that is what happened because of his choices.  We all are responsible for our own actions and we cannot blame others when we screw up. 

FruGalSpender says

many foods contain alcohol. just the other day i used some pam cooking spray and happened to look at the ingrediants. right after canola oil, grain alcohol was listed. nyquil has a lot of alcohol. if one gargles with mouth wash and then blows into a breathlyzer, will it show up?

Pundit says

 I think there should be an different blood alcohol limit for tractors, seriously. At least .2 cause farmers need to drink. Seriously.

goofus says

I guess Steve and Pragmatic don't get out to parties much. Let's end it all, we need prohibition back. So I am to suppose that steve and pragmatic go to a party at their favorite watering hole and proceed to have a few and the only friend they have in this world says let's go on a hayride but Steve and Pragmatic won't go until they administer a breathalizer test to the driver. Sounds a little nerdish. You still have the right in America, at least today, to partake or not. Were mistakes in judgement made, sure they happen all the time in this game of life, just get over yourselves. If your inebriated and having a good time you go with the flow unless your stupid enough to drive home. Take it from a person that always calls a cab to go and come home from a bar!!!

sanduskysteve says

If the information is in a police report, it becomes public record.  Identity theft generally would require a SSN and that is never shown to the public - most of that type of information is redacted when those reports are given to the public.

There would be absolutely no case against the SR for publishing a police report.

samiam says

If I were one of the people whose information is shown on the OSHP report I'd be talking to a lawyer about what legal options I have against the Register for posting this information that could be used in identity theft.  I don't think it's necessary to show name, address, phone number and DOB in the newspaper. 

frizzlefrap says

that's funny, 007! ........ yep, those passengers were probably so schnockered, they probably feel off when the wagon stopped!

frizzlefrap says

the valuable lesson ..... is ...... DON'T GO ON HAYRIDES!

em2878 says

007 you should really get your facts straight. Mike Hermes, does not himself OWN the Mason Jar. Perhaps the removal of your comment had something to do with your stupidity. ..Think about it.

All taken says

 I think the point is that the people on the ride knew he was drinking and many were drinking with him!! In my opinion if you get into a car or tractor ride with someone you know is drinking your on your own. It is your responsibility for yourself. You choose to ride with that person don't cry wolf later!!

007 says

Wow the moderators deleted my post because I showed the site that stated Hermes was the owner of the Mason Jar. Interesting.

Pragmatic says

I agree with SandusySteve.  I’m surprised anyone made comments about people drinking previously to going on a hayride…that isn’t illegal.  It isn’t illegal for a person to have wine at dinner…and their partner drive home.  The blame doesn’t stem from the riders drinking. Let’s not dip our toes in “peer pressure”…the driver was drinking because “everyone else” was.  That has no merit whatsoever…legally and morally.

I don’t know any of these people personally. But, the driver had someone’s dad, mom, sister, brother, wife, husband…..in that wagon.  I grew up going on hayrides – and my father pulling the wagon.  He would never have considered drinking alcohol when he was responsible for that many lives.  This could have been catastrophic. 

Perhaps, Mr. Hermes is an awesome human being…awesome human beings make mistakes too.  But, they also have to take responsibility for those mistakes and deal with the consequences.  I hope that he has already sincerely apologized for this mistake…a little humility goes a long way.

I’m quite sure he’s learned a valuable lesson in life…and, this has most likely taught others a lesson as well.  I don’t think he maliciously tried to hurt anyone…or set out with the preconceived intent that day to do any wrong.  It was a just a very poor decision on his part…and on the part of anyone who knew he had been drinking.  I sincerely believe that if his wife (or anyone else) who knew that he was drinking should be held in accountable….for something.  This is “society”…we are all in it together.

sanduskysteve says

Goofus - I'm not too sure what the riders conditions have to do with any of this.  There is no law against driving someone around who is drunk - otherwise there would be huge issues for taxi cab companies and limo companies or even a family member that picks up a drunk from a bar to take them home.

The issue is that the driver and the one in control was drunk - NOT the riders.

princedenny says

Looking at the addresses of the people who were "injured," I can only imagine how many of them were much more intoxicated than Mr. Hermes and drove their vehicles much faster and a further distance (Cleveland and Toledo areas, Port Clinton, etc.).  I'm not making excuses for anyone, but drinking and driving obviously happens.  There's plenty of blame to go around, just be thankful there weren't any fatalities

007 says

Lynn222 says

Was it really necessary to publish everyone home address and home phone??

goofus says

But weren't the riders drunk as well? It started at a bar duh!

007 says

I bet the MURRAT'S tail is wagging now that the BAC report is back!!

FruGalSpender says

the oxen cart with hermes in it is being paraded while the people will line up and start throwing garbage at him.

WhatTheHeck says

 This is a surprise?