Comments on: CWI http://www.pagunblog.com/2010/02/09/cwi/ The right of the citizens to bear arms in defense of themselves and the State ... Fri, 10 Feb 2012 01:26:24 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: PA DUI Lawyer http://www.pagunblog.com/2010/02/09/cwi/#comment-57391 PA DUI Lawyer Mon, 15 Feb 2010 16:38:58 +0000 http://www.snowflakesinhell.com/?p=16553#comment-57391 Thanks for posting this. Thanks for posting this.

]]> By: lefty http://www.pagunblog.com/2010/02/09/cwi/#comment-57175 lefty Wed, 10 Feb 2010 18:30:08 +0000 http://www.snowflakesinhell.com/?p=16553#comment-57175 One might demand every elected official must pass a breath test and blood test for illegal substances before voting on any law, tax hike, or pay raise.... One might demand every elected official must pass a breath test and blood test for illegal substances before voting on any law, tax hike, or pay raise….

]]> By: robert http://www.pagunblog.com/2010/02/09/cwi/#comment-57161 robert Wed, 10 Feb 2010 14:20:07 +0000 http://www.snowflakesinhell.com/?p=16553#comment-57161 It's been known for some time that there is an exception to the 4th amendment in cases of DWI. At least as far as some courts think of it. Note what Link P said above. It's not only Idaho. Really, it's come down to the point where you can be strapped down to a table and have blood forcably taken from you. It’s been known for some time that there is an exception to the 4th amendment in cases of DWI. At least as far as some courts think of it. Note what Link P said above. It’s not only Idaho. Really, it’s come down to the point where you can be strapped down to a table and have blood forcably taken from you.

]]> By: dusty http://www.pagunblog.com/2010/02/09/cwi/#comment-57156 dusty Wed, 10 Feb 2010 12:53:19 +0000 http://www.snowflakesinhell.com/?p=16553#comment-57156 Why do I think there will be a black letter exemption for police, and an exemption in practice for politicians? Why do I think there will be a black letter exemption for police, and an exemption in practice for politicians?

]]> By: Bob S. http://www.pagunblog.com/2010/02/09/cwi/#comment-57146 Bob S. Wed, 10 Feb 2010 04:24:38 +0000 http://www.snowflakesinhell.com/?p=16553#comment-57146 In Texas it is even worse because the Intoxicated standard is an either or situation. 2) "Intoxicated" means: (A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (B) having an alcohol concentration of 0.08 or more The first part makes it nearly impossible to argue that even a single drop of alcohol isn't a problem, much less a single drink. In Texas it is even worse because the Intoxicated standard is an either or situation.

2) “Intoxicated” means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the
body; or
(B) having an alcohol concentration of 0.08 or
more

The first part makes it nearly impossible to argue that even a single drop of alcohol isn’t a problem, much less a single drink.

]]> By: Link P http://www.pagunblog.com/2010/02/09/cwi/#comment-57137 Link P Wed, 10 Feb 2010 02:13:08 +0000 http://www.snowflakesinhell.com/?p=16553#comment-57137 In Idaho we have forcible blood draws for DUI suspects who refuse to voluntarily give breath or blood samples. While we have a CWI prohibition of sorts (18-3302B), the definition of "under the influence" isn't explicitly codified, nor does it come with mandatory provision for evidentiary testing. In Idaho we have forcible blood draws for DUI suspects who refuse to voluntarily give breath or blood samples. While we have a CWI prohibition of sorts (18-3302B), the definition of “under the influence” isn’t explicitly codified, nor does it come with mandatory provision for evidentiary testing.

]]> By: Justin Buist http://www.pagunblog.com/2010/02/09/cwi/#comment-57136 Justin Buist Wed, 10 Feb 2010 02:01:09 +0000 http://www.snowflakesinhell.com/?p=16553#comment-57136 Feels weird knowing I live in a state that already has stricter laws than what Bloomberg is pushing for. Here in MI you can't be in possession of a pistol with a BAC over 0.02. Lawyer that gave the legal portion of my last CPL class said there was a case in MI where they nailed a guy for firing a warning shot while drunk. He did end up shooting the guy next which was ruled OK as it was self defense. 'Course that "warning shot" was fired straight up in the basement of an after-hours bar. With three stories of people above him. That probably didn't help his case any. Feels weird knowing I live in a state that already has stricter laws than what Bloomberg is pushing for. Here in MI you can’t be in possession of a pistol with a BAC over 0.02.

Lawyer that gave the legal portion of my last CPL class said there was a case in MI where they nailed a guy for firing a warning shot while drunk. He did end up shooting the guy next which was ruled OK as it was self defense.

‘Course that “warning shot” was fired straight up in the basement of an after-hours bar. With three stories of people above him. That probably didn’t help his case any.

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