Articles Posted in DWI Legislation

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In one of the most insane propositions I have ever seen, Lawrence Taylor reports on a bill going through the Senate in Tennessee.

The proponent of the bill wants to stop DUI (and DWI) lawyers from advertising their expertise because it is getting to hard to convict people accused of DUI.  Hmm.. so her solution is that they should not be able to get lawyers that specialize in the area?

Hey Senator, why not cut it off at the pass, and propose legislation not to allow people to have lawyers?  Or better yet, who needs jury trials anyway?

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I read an article today on the online version of the Tyler Morning Telegraph.  It is entitled "MADD President: More To Be Done To Prevent Deaths." 

Some interesting thoughts of MADD… Here are some of the quotes of MADD’s political agenda and hopes to remove all free will from our citizens…

Ms. Knox said MADD’s goal is to eliminate drunken driving by separating alcohol from cars.

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It would seem that State Rep. Scott Inman of Oklahoma came up with the perfect way to curb DWI’s.  His bill would require anyone who is convicted to have it printed on their drivers license for four years.

I found the story  Inman Wants DUI, DWI Information On Licenses on the The McCarville Report Online, which follows OK political news.

Apparently Representative Inman believes that this will "alert" bartenders to the license holder’s propensity to drink and drive and cause them to be cut off.

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Although not directly related to DWI, a new ordinance enacted by the Frisco, TX City Council could have DWI and DUI ramifications.

The City of Frisco enacted a new "curfew" for those under 17, spanning from Midnight to 6am.

In my opinion, this is just another "solution" to a problem that just does not exist.  Although I like Mayor Simpson, he explained in an article on WFAA.com, that:

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device      In a new law enacted at midnight tonight, Arizona will require all first time offenders convicted of DUI to install an ignition interlock device on their vehicles.  The Arizona Republic Online reports that not only will 1st time offenders be required to install this device, but also, anyone whose BAC is over .20 will have a mandatory jail sentence of at least 45 days.

The article reports:

Hardest hit are first-time violators and a new class of "super extreme" DUI offenders whose blood-alcohol concentration registers 0.20 percent or above, which is more than double the legal limit of 0.08 percent.

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Apparently some other groups are getting into the court watching program too.

Christian court watches keep tabs on judges, is the title of CNN’s article on the subject.

This Kentucky group has been getting in on the action as well.  It appears that their motives are more for drug offenders when they watch the courts.

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In another attempt to influence the Courts, the New Mexico chapter of MADD (Mothers Against Drunk Driving), has decided to pay $30,000 – $40,000 per year (per person)  in order to "monitor" DWI and DUI in the local courtroom, and the activities of judges and prosecutors.  Oh yeah.. they are hiring 5 full time people to perform this service.

Problem 1:
Political/lobbyist organizations using taxpayer money

I wouldn’t be quite as much against this proposition if the funds for the "monitors" was raised independently.  In my opinion, any organization can do whatever they want with their money, and pursue the goals of their organization.  But here, they received $400,000 grant from the state Traffic Safety Bureau.  Taxpayer money going to a political organization.. I see major problems with that.

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Penal Code – Chapter 49

(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

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Drunk Driving – Over the Limit. Under Arrest.  Cops are cracking down. 

This is one of just many new slogans that are being used.  (I blogged previously about the Drink, Drive, Go to Jail campaign).

Although I definitely prefer this campaign to the Drink, Drive, Go to Jail campaign, but I note one big problem with this campaign.  As far as I know (and definitely in Texas), you are always arrested BEFORE there is any test to see if you are over the limit.

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Drink, Drive, Go To Jail… Right?  WRONG.

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One of the most popular quotes/slogans/etc. is the "Drink,Drive, Go To Jail" slogan.  The unfortunate thing is, it’s flat out incorrect.

It is not against the law to have a drink and drive a car, as long as you are not impaired.  Depending on the state, each state will have a different law as to the amount of impairment before it is illegal to drive.  However, no state has a zero tolerance police regarding drinking and driving (except for minors).  In Texas, one can only be convicted of driving while intoxicated if they have lost the normal use of their mental or physical faculties by reason of the introduction of alcohol into the body, or by having an alcohol concentration of above .08 in their body.