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MADD display spurs quiz of jurors in DUI cases
Arizona Daily Star ^ | 12/7/05 | Kim Smith

Posted on 12/11/2005 2:30:55 PM PST by elkfersupper

An annual campaign presented by Mothers Against Drunk Driving caused some concern within Pima County's Justice and Superior courts Tuesday.

MADD members spent the day next to the courthouses handing out ribbons as part of their Tie One on for Safety campaign, which aims to get people to use designated drivers during the holiday season.

At least two judges, Justice of the Peace Jack Peyton and Superior Court Judge Ted Borek, were presiding over driving-under-the-influence trials Tuesday and were forced to question jurors to see if they were tainted by the display. The jurors were asked if they saw the display, which included a crushed car and photos of DUI victims, if they spoke with anyone about it, and if they were swayed in any way.

The trials continued uninterrupted after only a handful of the jurors said they saw the car but weren't influenced by it.

Defense attorney James Nesci said the display was a "blatant attempt" to influence the judicial system, noting MADD could have held the event anywhere, anytime. "They have a First Amendment right to protest, but that right ends where the defendant's Sixth Amendment right to a fair trial begins," Nesci said.

Theresa Babich, a victim advocate with MADD, said Presidio Park was chosen because of its heavy foot traffic, not because jurors were around.

"We weren't out soliciting anyone specifically," Babich said.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; US: Arizona
KEYWORDS: alcohol; dui; dwi; madd; neoprohibition
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To: Hildy
But it's not ok to prohibit a drunk driver from maybe killing someone, such as you or me?

No. Like a good liberal you are misstating my position. It is already illegal to drive drunk and it is also illegal to kill people with your car.

The problem I have is the "throw the book at them" mentality your friends from MADD have toward people who have caused no damage and are not a threat of doing so (.08....05.....03). Turning innocent people into criminals only serves to create a police state.

I also have a HUGE problem with totalitarian checkpoints stopping people who are minding their own business and committing no crime.

The problem is not people who have had a little to drink. The problem is people who have had a LOT to drink. But that's been illegal for decades anyway. So your MADD kook friends need to find other way to spend their time.

101 posted on 12/11/2005 3:58:18 PM PST by ElkGroveDan (California bashers will be called out)
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To: elkfersupper
Spend a little time over here.

OK, I did. I still think your statement is overkill.

102 posted on 12/11/2005 3:58:57 PM PST by Michael.SF. (Paris Hilton - Living proof that one need not be poor to be White Trash)
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To: razorback-bert
I hear you. My only recreation is shooting and hunting, for the most part, so the dogs are the worst.

They light up on all the powder and primer residue, and I have to unload everything, every time.

103 posted on 12/11/2005 4:01:06 PM PST by elkfersupper
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To: jude24
As regards the checkpoints, they are only a minimal intrusion to the privacy rights of the innocent. You're stopped for maybe a minute. Only those who have something to hide have anything to fear from them. The average person, innocent of any wrongdoing, would consider being stopped at a checkpoint to be at most a minor inconvenience.

You would have found Nazi Germany a comforting place.

104 posted on 12/11/2005 4:02:11 PM PST by buccaneer81 (Bob Taft has soiled the family name for the next century.)
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To: jude24
They're not an issue. They exist. End of story.

Apparently they exist so surely that you feel no need to address the arguments presented here other than to say "Nuh-uh."

105 posted on 12/11/2005 4:03:23 PM PST by JTN ("We must win the War on Drugs by 2003." - Dennis Hastert, Feb. 25 1999)
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To: Dittohead68
In your own vehicle, you are CONSTITUTIONALLY protected to a RIGHT OF PRIVACY

Correct. Considered an extension of your home in most places, particularly the western states.

106 posted on 12/11/2005 4:03:33 PM PST by elkfersupper
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To: John D
The problem is I have never been in a one minute stop, by the time I get to the actual checkpoint it has been at least 20 to 30 minutes. If I had been drunk I would have been sober by the time they got to me.

Or the opposite might happen. It takes a while for alcohol to be absorbed, and it is possible that by the time you reach the checkpoint you will be intoxicated whereas you otherwise might have been home in that time. And then you will be convicted, not because you behaved irresponsibly, but because of the checkpoint.

107 posted on 12/11/2005 4:07:04 PM PST by JTN ("We must win the War on Drugs by 2003." - Dennis Hastert, Feb. 25 1999)
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To: JTN
Apparently they exist so surely that you feel no need to address the arguments presented here other than to say "Nuh-uh."

Fine. Look here for the NY Criminal Jury Instructions for misdemeanor DWI.

108 posted on 12/11/2005 4:07:56 PM PST by jude24 ("Thy law is written on the hearts of men, which iniquity itself effaces not." - St. Augustine)
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To: oceanview

"when I drive on the road, my safety also depends on "someone else" - the drunk crashing into me and killing me. they aren't "searching your vehicle" - if you appear intoxicated, that gives them probable cause to test you."


Damn, you sure can stretch things!

When you drive down the road, you may be killed just as easily as as if you crossed the street and got hit by a bus. Life is a gamble. Yes, a drunk might crash into you. Living in the world of "if" and invading my rights and privacy is not allowed by the Constitution.

As far as your example of appearing intoxicated goes, yes, if given reasonable probable cause, they can search your vehicle. "Reasonable Probable Cause" would be things like weaving and irratic driving. Checkpoints have been challenged in many states as unconstituional and have been discontinued.

Driving under the influence is illegal. Period. If caught, you will pay the consequences. But, don't tread on my rights by stoping me on the road and questioning me like I'm already guilty, when I haven't done anything. Blatent Nanny-State mentality.

Do you worry "if" a meteor comes crashing down on your car, who will you hold responsible, and how will you stop it from happening again?

You could also get murdered by a random gunman tomorrow. How do you suppose we stop that? Do you think we should immediately license all guns? Register any gunowners immediately? Make all the gunowners prove that they are not breaking the law?

How far do you want to take your "argument"?

Nanny-state mentality. Not cool.


109 posted on 12/11/2005 4:09:00 PM PST by Dittohead68
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To: oceanview
when I drive on the road, my safety also depends on "someone else" - the drunk crashing into me and killing me.

Objective analysis of the statistics indicate that there are somewhere between 500 and 3,000 fatalities of innocent victims annually in traffic accidents caused by drunk drivers.

In a nation of nearly 300 million people, with 40,000 traffic deaths per year, there are nearly 2 million people arrested annually for suspicion of DWI.

Is that justified, or is it a witch hunt?

110 posted on 12/11/2005 4:10:11 PM PST by elkfersupper
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To: Michael.SF.
OK, I did. I still think your statement is overkill.

Okey-dokey.

111 posted on 12/11/2005 4:11:39 PM PST by elkfersupper
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To: elkfersupper
In a nation of nearly 300 million people, with 40,000 traffic deaths per year, there are nearly 2 million people arrested annually for suspicion of DWI. Is that justified, or is it a witch hunt?

It's justified. There's a lot of intoxicated drivers out there. The fact that they've been lucky so far doesn't mean they should still be out there driving.

Look at how many posters here will admit they drove drunk, and are grateful they never hit anyone. That gives credibility to the argument that DWI often goes undetected. But undetected DWI is not safe DWI.

112 posted on 12/11/2005 4:20:11 PM PST by jude24 ("Thy law is written on the hearts of men, which iniquity itself effaces not." - St. Augustine)
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To: jude24
Fine. Look here for the NY Criminal Jury Instructions for misdemeanor DWI.

I gave you USSC case law which states that a right to trial by jury does not exist and you give me the New York Criminal Jury Instructions? That NY grants certain privileges does not change the fact that that is what they have become - privileges, not rights.

Further, you only point to the situation as it relates to NY. Many states have different laws on the subject. The point is that trial by jury and presumption of innocence are now viewed as privileges granted by the state. Not rights.

113 posted on 12/11/2005 4:25:03 PM PST by JTN ("We must win the War on Drugs by 2003." - Dennis Hastert, Feb. 25 1999)
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To: elkfersupper

if your only issue is with the level of the BAC - then argue that point. even with a BAC at .10 or .12, you would still need some form of pro-active policing to catch people driving at that higher level. otherwise, what you are basically saying is that the only function for the police here is to clean up in the aftermath of DUI related accidents - the innocent driver is already dead or maimed for life.

are you in favor of any deterrent measures at all? DUI is not like speeding - you can't aim a radar gun at a car and determine if the driver is DUI, to develop the probable cause to stop them. what's available? checkpoints. OK, you don't like those. how about we have task forces of unmarked cars that follow people as they leave local bars to observe their driving habits. can we do that, or does the right to privacy extend to not having a cop observe me as I drive? after all, I might be innocent, why are they following me?


114 posted on 12/11/2005 4:28:58 PM PST by oceanview
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To: jude24
That gives credibility to the argument that DWI often goes undetected.

Driving Under the Influence of......Bread?

Phil Price, a good friend and nationally known DUI attorney in Montgomery, Alabama, conducted an interesting series of tests with one of the most commonly used breath testing machines, an Intoxilyer 5000.

Without consuming any alcoholic beverages, he submitted himself to repeated breath testing -- after eating various types of food. His findings were startling.

After consuming almost any type of bread product -- white loaf bread, donuts, pretzels, pastries, etc. -- Price consistently registered blood-alcohol readings on the machine.

These levels were commonly around .03%, but rose as high as .05% (enough, in conjunction with a drink or two, to reach illegal levels).

Further, the Intoxilyzer's slope detector (an electrical circuit designed to detect alcohol from the mouth rather than from the lungs) failed to indicate the presence of any "mouth alcohol".

He reported this in an article entitled "Intoxilyzer: A Bread Testing Device?", 15(4) Drinking/Driving Law Letter 52 (1996).

115 posted on 12/11/2005 4:29:02 PM PST by ActionNewsBill ("In times of universal deceit, telling the truth is a revolutionary act")
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To: jude24
It's justified.

Not as currently defined. If you would look into it just a little bit, you would probably agree.

I have said the following so many times to so many people on this forum that I don't remember all those to whom I have said it, so I apologize if I've said it to you before.

Here it comes anyway.

Single-celled organisms resist confinement. We are the highest life form on the planet in the most freedom-loving country. It amazes me that people will argue for and advocate restriction of their own and their fellow citizens' movement on a "conservative" news forum.

116 posted on 12/11/2005 4:29:29 PM PST by elkfersupper
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To: JTN
If one driver has a .01 BAC, then any death resulting from a crash in which that driver is involved will be listed as an alcohol-related fatality, whether that driver was at fault or not.

If anyone "involved" in the accident has a BAC of 0.01 or greater, it's "alcohol related". Even if the only people with non-zero BAC were PASSENGERS. Basically, the goal of MADD is to define as many accidents as "alcohol related" as they can, even though the broader they make their reach, the less alcohol actually has to do with most of them.

A BAC level of 0.08 has a vaguely detectable statistical effect on driving, but it's nowhere near as severe as the effect of 0.15. Indeed, it pales in comparison with many other risk factors that are considered 'acceptable'. Is there any sane reason why someone who is alert but has a 0.08BAC should be treated more severely than someone with a BAC of 0.00 who's practically asleep at the wheel?

117 posted on 12/11/2005 4:31:14 PM PST by supercat (Sony delinda est.)
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To: jude24

They've gone way beyond just trying to curb DWIs and are on to full blown abstinence. Several years ago here in Raleigh, NC, a nightclub established a bus service to pickup up and drop off NC State University students. Sounded like a good idea to me because it would keep people from driving, but MADD would have none of it. They pitched a fit saying it would encourage drinking. Besides, BAC is arbitrary BS. BAC effects different people in different ways. Some pass out at .08 while others show little signs of impairment.


118 posted on 12/11/2005 4:32:05 PM PST by marblehead17 (I love it when a plan comes together.)
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To: elkfersupper

REVENGE? What the hell are you talking about?


119 posted on 12/11/2005 4:32:15 PM PST by Hildy (Keyboard warrior princess - typing away for truth, justice and the American way!)
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To: jude24

Well, since you think the stopping of all individuals in their vehicles to make sure they're not breaking the law in the interest of "safety" is justified:

I really feel there is a need to begin setting up checkpoints to stop drug smugglers. They would be random, but some states have to do something because it's getting to be a major problem, and it's killing a lot of innocent people. Besides, if you're not smuggling drugs, you won't have anything to worry about.


Hint - This was attempted by the NC police back in the 90's along Rt 40. It was deemed UNCONSTITUTIONAL, and unjustified by the Supreme Court in either 2001 or 2002!


120 posted on 12/11/2005 4:32:44 PM PST by Dittohead68
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