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Showing posts with label dwi. Show all posts
Showing posts with label dwi. Show all posts

Friday, December 10, 2010

DUI Tests: The Case is Against You

Unconstitutional Per Se


M.A.D.D. and W.P.L. (Womyn's Prohibition League)
MADD (Mothers Against Drunk Driving) struck a tremendous blow to the constitutional and the rights of every citizen of the united states when they got 48 states in the union to immediately pass an illegal per se law in DUI cases.  An illegal per se law makes it illegal in and of itself to drive with an alcohol concentration measured at or above the established legal level. Forty-eight states and the District of Columbia have established a per se law.  The legal limit in most states is .08 blood alcohol concentration (BAC) per se. That means it is against the law to drive a motor vehicle if you have a BAC of .08 or more, without having to prove intoxication. So on its face the illegal per se laws are saying that once the prosecution presents evidence that you had a BAC of 0.08, you are presumed guilty and a judge is then instructed at that point to tell the jury to declare you guilty, and you have to prove your innocence.  The prosecution literally does not have to have a case.

Monday, September 7, 2009

MADD Mad About Female DUI Arrests on the Rise

MADD Speechless Over Female DUI Arrests



Recently a trend was noticed, recorded, and reported on in the national media: Drunken driving arrests on the rise -- for women.

Oh no Martha, say it ain't so!!!
nevada dui attorneyDUI arrests have rising by 28% from 1998 to 2007. This is according to the Transportation Department reports. For men DUI arrests have actually fallen off by 7.5% during that time. The numbers, however, for male arrests for DUI are simply staggering. In 2007 there were over 620 thousand DUI arrests for men, for women the figure is a mere 162 thousand.



Here's where it gets sticky. They sought a statement from MADD, mothers against drunk driving, an all female organization that lobbys to reinstate prohibition lawas against alcohol. MADD was very caught off guard by the reports, and very angry that the national news media outlets reported it. [ I assume the national media has to run everything by MADD these days? ]

When asked what did they make of the findings, they had this to say:
Laura Dean-Mooney, president of Mothers Against Drunk Driving, told the Associated Press she could not explain the jump in arrests of women. “There's no hard data on that," Dean-Mooney told AP. "What you're hearing more is that women are under more pressure, they're now perhaps the breadwinner because of the unemployment rate.”
Riiiiiight! Last time I checked, 1998 wasn't back in the stone ages. We're talking about the last 10 years. There has been no tremendous change in female occupation stature in the last 10 years.

It is amazing that feminists will stoop to victimization tactics to explain away, criminal activity? Well, to you working bread winner moms out there, here's to you. MADD, might get their way and stop your choice to have any alcohol one day, but for now, this bud's for you.

Aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaah!

P.S.
Seriously, don't drink and drive... well at least not over the limit.

Please visit my webstie about Drunk Driving: Las Vegas DUI Attorney
See me on YouTube: Shakaama Live

Drinking Philosophy: A Study in America

Americas Puritanical Deprivation and Abstinence



I'd like to discuss in this post the habits of people in America who drink versus the European attitude.


First the American sensibilities were founded based on the puritanical philosophy, i.e. one must deprive oneself of all carnal lusts and temptations. This is further echoed in the protestant religions of the Bible Belt. And, it was canonized into the legal realm with the Blue Laws: no alcohol before a decent hour nor after a decent hour of the day; no alcohol on Sunday... etc. Also, the views of abstinence and puritanical eyes also falls into the same category: the naked body is an evil above all other evils to behold. All of this falls dangerously short in the area of violence. One can commit nigh heinous acts of violence for entertainment, but no drinking or smoking and definitely show no flesh.


All these prohibitions have led to one mindset: when i get a chance to drink, I will indulge myself to the fullest. In fact this philosophy is now accepted as the cool attitude towards drinking.



European Sensibilities Towards Drinking Alcohol



Let's quickly juxtapose this versus the European attitude toward drinking. It's actually a very archaic take on drink. During the bible age, i.e. the turn of the Julian calendar, one drank wine as much as one drank water. Of course, wine wasn't distilled to such a degree that four glasses would render you senseless and a buffoon, but it was as much a part of the meal as bread, and they ate a lot of bread. Consider one wheat stalk to make 12 loafs of unleavened bread [i made that up, I've never personally seen a wheat stalk], but you get the idea.




Now the modern European shares the same attitude as those ancient people. He eats his meal and drinks wine with it. Also if he wants to enjoy a liqueur he'll retire after the meal and have a nice discussion and a glass, not 5-10 and definitely not enough to render him stumbling. He knows he has to get on with his life, and can't be hampered by nursing a hangover. In fact it is looked down upon if one is drunk or can't handle the liquor. The attitude is, one shouldn't partake if one is going to be rendered drunk. This self same attitude of do not deprive oneself, is also seen in their view of nudity in public. One should be free to experience the world and be nude. There isn't then a rash of drunkards, nor and outbreak of rapists. In fact the Europeans are quite normal in their every day life.




Wish this familiarity with alcohol, from an early age, and exposure to nudity the European attitude is very nonchalant toward drinking. Compare that to Americans and we're seen as ravening beasts when we get our hands on alcohol. Also pubs, bars, lounges and such are hang outs for far more people overseas, so the club owner or bar owner doesn't have to greedily get everyone drunk in the place to make a profit. Imagine if 10 times more people come into your bar, there would be no need to encourage them to drink. You'd have your hands full serving alcohol anyway.
I don't have the statistics but when i lived in Europe I wasn't struck as it being serious nor heard of drunk driving as an issue at all. Iin fact, I don't believe I knew a homeless person or a drunkard.







For local Las Vegas info on DUI visit: LasVegasDUI.com

Please Visit My Website: Las Vegas DUI Lawyer

Watch Me on Youtube: Shakaama Live

Wednesday, August 12, 2009

DUI is a Scam

DUI is a Scam

I'm sure you've heard of the sad stories MAAD [mothers against drunk drivers] tells you of poor little Timmy that was killed by a drunk driver and for poor Timmy's sake we need tougher laws. While I can feel sorry for little Timmy and his family, I'm not so sure about the logic behind tougher DUI laws.

So, I did some checking.

You know me, I have to see the numbers and the facts. Throw some numbers in front of me or some facts and I'll skip meals reading it.