Police Death during No-Knock Raid, Suspect Fired as Door was Broken

I did think that BAC levels under .08 would forego a DUI conviction? Am I wrong?

Not sure how they do that or if it is the case all the time (since I am not a cop; I see it on the other end with EMS or in the ED). I do know there have been people who had less than that who were convicted because they drove their car into another and couldn't walk from here to there without stumbling.
 
How was drunk driving, impaired, determined before breathalyzers were developed? Observable behavior?
My point is, and I'm not for MJ either, if there is no dangerous behavior evident how can a set chemical analysis show decrease in function? I believe what has been established is a threshold for BAC that is prosecutable whether it shows up as erratic behavior or not.
I'm not sure that is a good thing either. Some may be able to function normally when totally baked while others may take a couple of pulls on the bong and set on the floor giggling.
Not an answer to any question but more food for thought, I hope.
 
I am no lawyer, and it has been a while since I went through paralegal certification, but a breathalyzer is just a piece of evidence used. It doesn't make or break the case all on its own. Same with radar/laser speed detectors. A police officer doesn't need either to charge someone with a crime, but what they do is provide evidence at trial. If a DUI makes it to court, it is an exhibit that goes along with observations the officer made, such as how the driver was controlling the vehicle, speed, observable behaviors such as slurred speech, failing a sobriety test, ect. All of these things are bundled together to make a case against the accused, but no one piece makes the entire case.

The thing with Breathalyzers and Speed detection devices is that they are very hard to defeat in court. Officers (are supposed to) keep logs of when their devises are calibrated, serviced, and maintained. So they can provide evidence of them being accurate.
 
DWI can be charged with less than .08 BAC. There will have to be mitigating factors like running off the road or a wreck. As it stands now, Bad driving + Odor of alcohol will pass the Probable Cause standard. Add the other roadside tests for steadiness, slurred speech, condition of eyes and Horizontal Gaze Nystagmus (HGN) and there may be plenty to convict on DWI.

Although, there are some poorly educated judges who only accept in the results of the Intoxilyser as proof and some drunk driver avoid penalty for the damage they do.

Marijuana intoxication will show clues as well to establish probable cause.
 
Yes, because prohibition makes it lucrative on the black market. Just like alcohol lead to violence and the rise of the Mafia.



And some fools around here don’t think they’ll kill you over guns. The same tired excuses that are trudged out for the drug war will be the same tired excuses trudged out to justify the “war on guns.”



Nothing blows my mind about policy enforcers anymore. Gone are the days of the Peace Officer, the guy you run to for help, or ask for directions in an unfamiliar town. Power over others, insulated from the consequences of abusing that power, leads to self-righteous corruption.

These are the people who lock up a history professor for an 18th century flintlock pistol cuz muh law sayz, or a single mother of 3 driving through a craptastic State with her completely legally owned pistol, flashbangs kids in their beds then blames the kid, or shoots the kid in the head and blames the grandmother, or gets caught on camera shooting a guy in the back and planting evidence on the body, or on their own body cameras planting drugs at a location to justify a search, or forgetting to turn off a pedestrians cell phone camera and recording themselves conspiring to charge him with something to teach him a lesson, or pulling over women on the side of 77 and raping them, or making challenge coins for a cop with his 4th justified homicide, or extrajudicially taking more money and property from the People they claim to serve than burglars did over the same time period.

It’s an institutional and systematic abuse of authority and power, wrapped in the idea that they’re doing it to protect you from you, that they’re the lone good guys standing against a specter of evil no one else can see, and that any action they take to do it is righteous and moral.

But to argue that maybe something is wrong, that the litany of cases in which abuse of authority or outright disregard for the well-being of the Public at large makes you anti-Cop, makes you a troll, or “everybody knows what you were going to say.”

It’s a pathetic cop out, and not the position any Freedom loving people would willingly place themselves.

In any other instance, without the costume and tin shield, the headline would read:

Milwaukee Homeowner kills intruder in early morning home invasion
"If a law is not just; a man is not only right to disobey, he is obligated to do so." "The tree of Liberty needs to be refreshed every now and then, with the blood of Patriots and tyrants." I believe that was James Madison
 
"If a law is not just; a man is not only right to disobey, he is obligated to do so." "The tree of Liberty needs to be refreshed every now and then, with the blood of Patriots and tyrants." I believe that was James Madison
Jefferson on the latter, MLK Jr on the former
However, "Resistance to tyrants is obedience to God" was a quote by John Knox. One of his better ones. Let's hear it for Scottish Presbyterians!
 
Last edited:
  • Like
Reactions: SPM
I was talking to a retired officer of 27 years the other day and he said the biggest out right lie is that pot isn't dangerous. He said in all his years he never saw a home invasion that didn't have something to do with pot or drugs and 5 out of his 10 murders had directly been because of pot..

That's kind of like saying trees are dangerous because 98% of North Carolina roadside car accidents involve trees.
 
Jefferson on the latter, MLK Jr on the former
However, "Resistance to tyrants is obedience to God" was a quote by John Knox. One of his better ones. Let's hear it for Scottish Presbyterians!
I’m guessing you’ve got Scots Worthies on your shelf as well.
image.jpg
 
52605698_2250590778492964_391236950473834496_n.jpg
 
Back
Top Bottom