Re: Help with first ammendment rights--please -- WASHINGTON BOARD

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Date Posted: 22:03:35 02/15/02 Fri
Author: Donk
Author Host/IP: 79.indianapolis-24rh16rt.in.dial-access.att.net / 12.85.15.79
Subject: Re: Help with first ammendment rights--please
In reply to: Southern Gent 's message, "Re: Help with first ammendment rights--please" on 21:42:44 02/15/02 Fri

I know the system seems stacked and so it is, but change never comes fast, but it does come, especially if enough people get clobbered by bad law.

If your state doesn't have referendum, then it probably has provisions for forcing legislative action based on voter petitions. This means that enough voters can force an issue to legislative action, then if the legislature is unresponsive, there is recall or the normal election cycle.

It wouldn't hurt you to write a letter to the editor or to a columnist. I believe there are people wanting to take on this issue, but they won't if the public is silent. I wouldn't involve my own experiences if I were you. If your movement takes hold, others will throw that at you and you can use that to your advantage. Make an argument that you had no intentions of breaking the law, but how could you know you had a .08 BA level, especially if you were unimpaired? There is still an element of intent and the state has yet to pass a law making it illegal to drink at all, so the state cannot reasonably expect you to know your BA level.

If I went to trial, my argument would be intent -- that the state has to prove I intended to drive while impaired because you have no way to know your BA level. If you weren't impaired and there are no witnesses to say you were, then it is your word against the officer's and that means something. I think such a defense would work because otherwise, they could just pull people over and get their BA and charge 'em!

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Replies:

Good Advice -- Southern Gent, 20:43:31 02/17/02 Sun
- Frankly.... -- Donk, 08:58:31 02/18/02 Mon
  - Re: Frankly.... -- Southern Gent, 19:38:32 02/18/02 Mon