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Got a designated driver? You're still a criminal....

 
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shifter2009



Joined: 03 Sep 2006
Location: wisconsin

PostPosted: Mon Jul 04, 2011 6:52 pm    Post subject: Got a designated driver? You're still a criminal.... Reply with quote

http://www.indystar.com/article/20110701/OPINION08/107010310/A-case-drunk-while-not-driving

Public intoxication? Land of the free my ass.
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Kuros



Joined: 27 Apr 2004

PostPosted: Mon Jul 04, 2011 7:03 pm    Post subject: Reply with quote

This article provides a clearer picture.

Quote:
A 4-1 court reinstated the public intoxication conviction of an Indianapolis woman who was a passenger in her car, not the driver. The justices say a 1966 court ruling defines a car on a public road as a public place.

Indianapolis Senator Mike Young says the way the law reads, the justices had to rule that way. But he says it's wrong to make drunkenness a crime unless you're either causing a disturbance or a danger to yourself or others.

. . .

[T]hat definition doesn't make sense, but . . . it's based on a 1966 Supreme Court precedent, and . . . it's up to the justices to reverse themselves.
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shifter2009



Joined: 03 Sep 2006
Location: wisconsin

PostPosted: Mon Jul 04, 2011 9:28 pm    Post subject: Reply with quote

Kuros wrote:
This article provides a clearer picture.

Quote:
A 4-1 court reinstated the public intoxication conviction of an Indianapolis woman who was a passenger in her car, not the driver. The justices say a 1966 court ruling defines a car on a public road as a public place.

Indianapolis Senator Mike Young says the way the law reads, the justices had to rule that way. But he says it's wrong to make drunkenness a crime unless you're either causing a disturbance or a danger to yourself or others.

. . .

[T]hat definition doesn't make sense, but . . . it's based on a 1966 Supreme Court precedent, and . . . it's up to the justices to reverse themselves.


Yeah, but can't our police officers be smart enough to know this wasn't the original intent of the law. Just because they COULD enforce the law like this doesn't mean the SHOULD.
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radcon



Joined: 23 May 2011

PostPosted: Mon Jul 04, 2011 9:56 pm    Post subject: Reply with quote

shifter2009 wrote:
Kuros wrote:
This article provides a clearer picture.

Quote:
A 4-1 court reinstated the public intoxication conviction of an Indianapolis woman who was a passenger in her car, not the driver. The justices say a 1966 court ruling defines a car on a public road as a public place.

Indianapolis Senator Mike Young says the way the law reads, the justices had to rule that way. But he says it's wrong to make drunkenness a crime unless you're either causing a disturbance or a danger to yourself or others.

. . .

[T]hat definition doesn't make sense, but . . . it's based on a 1966 Supreme Court precedent, and . . . it's up to the justices to reverse themselves.


Yeah, but can't our police officers be smart enough to know this wasn't the original intent of the law. Just because they COULD enforce the law like this doesn't mean the SHOULD.


The police will enforce any law that will add money to the state coffers in the form of fines. That is the main function of Americsn cops these days.
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CentralCali



Joined: 17 May 2007

PostPosted: Mon Jul 04, 2011 10:37 pm    Post subject: Reply with quote

Just curious here, isn't it illegal to allow a non-licensed driver to drive your vehicle on the public roads?
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shifter2009



Joined: 03 Sep 2006
Location: wisconsin

PostPosted: Tue Jul 05, 2011 12:14 am    Post subject: Reply with quote

CentralCali wrote:
Just curious here, isn't it illegal to allow a non-licensed driver to drive your vehicle on the public roads?


Yup but she wasn't charged with that and she was unaware. If they had a law on the books about the unlicensed driver using your vehicle and charged her with that, it would be a bit more justified.
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