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In a rare decision, top court tosses out DWI conviction



 
 
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  #21  
Old November 15th 05, 05:01 PM posted to rec.autos.driving,alt.true-crime,misc.transport.road
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Default In a rare decision, top court tosses out DWI conviction



"The Laura Bush Murdered Her Boyfriend Blade"
<the_blade@laura_bush_murdered_her_boyfriend's_mou th.com> wrote in message
th.net...

> You bat turd eating faggot! By your above statement, yo are admitting to
> being a criminal coddler since you want and are happy that your butt
> buddy - ted "sub captain" kennedy - got away with vehiculat homicide at
> the minimum when he murdered Mary Jo. I hope you die in a fire, mother
> ****er!
>


Gee... you sound just like Inge/Igor



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  #22  
Old November 15th 05, 07:12 PM posted to rec.autos.driving
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Default In a rare decision, top court tosses out DWI conviction

On Mon, 14 Nov 2005, Old Wolf wrote:

> If they permitted people to turn away from roadblocks, it would soon
> become common knowledge that this technique works, and the drunk drivers
> would not be captured as much (which is a bad thing).


You are assuming that roadblocks catch significant numbers of DWIs, which
they do not. Oh, they catch the occasional one, but by and large they
are nothing more than visibility campaigns so that the police (and the
politicians who control them) are seen to be Doing Something About It.
  #23  
Old November 15th 05, 07:31 PM posted to rec.autos.driving
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Default In a rare decision, top court tosses out DWI conviction

In article ich.edu>, Daniel J. Stern wrote:
> On Mon, 14 Nov 2005, Old Wolf wrote:
>
>> If they permitted people to turn away from roadblocks, it would soon
>> become common knowledge that this technique works, and the drunk drivers
>> would not be captured as much (which is a bad thing).

>
> You are assuming that roadblocks catch significant numbers of DWIs, which
> they do not. Oh, they catch the occasional one, but by and large they
> are nothing more than visibility campaigns so that the police (and the
> politicians who control them) are seen to be Doing Something About It.


But they do find all sorts of other things... they find people with
warrants (of course their legally registered vehicles and names could
have given the cops their address and the ability to just pick up any
time) they bust people for the pot or crack they have in their cars, etc
etc and so forth. Basically it's a excuse to do lazy police work.


  #25  
Old November 16th 05, 08:11 PM posted to rec.autos.driving
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Default In a rare decision, top court tosses out DWI conviction

Harry K wrote:
> Brent P wrote:
>
> > A small victory for liberty.

>
> Right. The ruling was apparently on a technicality such as it wasn't a
> legal stop as the cop didn't have pc in that he didn't -know- that he
> turned to avoid the block. Could have had other reasons for turning.
> Regardless. It is a victory for liberty technicality or not.
>
> Harry K


*Who are you* and from what planet are the aliens who took Harry K away
from his keyboard and replaced him with you?
--
C.R. Krieger
(Been there; done that)

  #26  
Old November 17th 05, 03:52 AM posted to rec.autos.driving
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Default In a rare decision, top court tosses out DWI conviction

In article .com>,
Old Wolf > wrote:
>Brent P wrote:
>
>> In article >, BE wrote:
>>> Motorist refused to take a breath test after avoiding a roadblock in 2003
>>>
>>> http://hort.net/+132H
>>>
>>> The case stems from a July 2003 traffic stop in Atlantic County in which a
>>> Ventnor police officer pulled over motorist James Badessa because he made a
>>> legal turn to avoid a driving-while-intoxicated checkpoint. The officer
>>> arrested Badessa for allegedly driving drunk and charged him with refusing
>>> to take a Breathalyzer test.
>>>

>>
>> All this guy did was not go through the checkpoint.
>> A small victory for liberty.

>
>Isn't it illegal to refuse to take a breathalyser test when a cop asks
>you to? In my area, you must either take the breathalyser, or go
>back to the precinct and take a blood test.


Sure, it's illegal. But they couldn't prove that he refused,
because the evidence that he did so was excluded because it was the
fruit of an illegal stop. In other words, they didn't rule that it
was legal to refuse a breathalyzer during an illegal stop, but they
did rule that the officer's testimony that you so refused was
inadmissable when it was derived from the illegal stop. Byzantine, eh?

--
There's no such thing as a free lunch, but certain accounting practices can
result in a fully-depreciated one.
 




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