Guest guest Posted July 1, 2000 Report Share Posted July 1, 2000 At 09:08 AM 7/1/00 -0400, rita66@... wrote: ***ORIGINAL MESSAGE*** <snip> No one is suggesting that Ms. Kishline should be charged with first or second degree murder -- of course she never intended to kill anyone. But the vast majority of killings are unintentional -- doesn't mean the perpetrator shouldn't serve time, or isn't responsible. ***END ORIGINAL MESSAGE*** If it happened a couple of states south in California, many prosecutors _would_ have charged Kishline with second-degree murder. And her book would have been retitled " People's Exhibit Number One. " Generally, second degree murder doesn't require an intent to kill. It is killing of another with " malice aforethought. " Malice doesn't mean ill will. It can be shown as a " wanton disregard for human life. " The argument can be made that when a person with a history of drunk driving continues to drink and -- if they are unable to control their impulses when drunk, or just don't care -- drive, they are showing no regard for the potentially deadly consequences of their actions. In a highly-publicised case in Southern California last year, a man was found guilty of second-degree murder in very similar circumstances. His main defense was that the dead woman's injuries wouldn't have been fatal if she hadn't, as a Jehovah's Witness, refused transfusions. I am not familiar with Washington law but, frankly, I am surprised Kishline wasn't charged with second degree murder. I have not read MM, but understand it details her problem drinking and admits she drove drunk on occasions. The fact that she continued to drink despite her problems with booze, and encouraged other problem drinkers to do likewise, would not have played well with a jury. If Washington law allowed second-degree murder charges under these circumstances, the fact that Kishline is white, upper middle class, and had some national following probably saved her from defending against more serious charges. My current sig file is expecially appropriate in this case. ----- Every man thinks God is on his side. The rich and powerful know He is. -Anouilh ______________________________________________ FREE Personalized Email at Mail.com Sign up at http://www.mail.com/?sr=signup Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 1, 2000 Report Share Posted July 1, 2000 Thanks for the excerpt Bob. This seems a contradiction to me. If they have no control how can they be held responsible for their actions? Doesn't lack of control imply that they're unable to show regard for any consequences of their judgments under the influence? Isn't it often argued that they have no control over taking the first drink in the first place. I don't believe my last bit there but it seems like whoever wrote this is speaking from both sides of their mouth at once. People's Exhibit Number One At 09:08 AM 7/1/00 -0400, rita66@... wrote: ***ORIGINAL MESSAGE*** <snip> Malice doesn't mean ill will. It can be shown as a " wanton disregard for human life. " The argument can be made that when a person with a history of drunk driving continues to drink and -- if they are unable to control their impulses when drunk, or just don't care -- drive, they are showing no regard for the potentially deadly consequences of their actions. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 1, 2000 Report Share Posted July 1, 2000 " Speaking from both sides of their mouth at once. " --This is a real gift with AAs -- it's even better if you're two-faced and possess a forked tongue. If you can speak from both sides at once then you've covered your bets on being right. . > >Reply-To: 12-step-freeegroups >To: <12-step-freeegroups> >Subject: RE: People's Exhibit Number One >Date: Sat, 1 Jul 2000 15:41:08 -0500 > >Thanks for the excerpt Bob. > > >This seems a contradiction to me. If they have no control how can they be >held responsible for their actions? Doesn't lack of control imply that >they're unable to show regard for any consequences of their judgments under >the influence? Isn't it often argued that they have no control over taking >the first drink in the first place. > >I don't believe my last bit there but it seems like whoever wrote this is >speaking from both sides of their mouth at once. > > > > People's Exhibit Number One > >At 09:08 AM 7/1/00 -0400, rita66@... wrote: >***ORIGINAL MESSAGE*** > <snip> > > Malice doesn't mean ill will. It can be shown as a " wanton disregard >for human life. " The argument can be made that when a person with a >history >of drunk driving continues to drink and -- if they are unable to control >their impulses when drunk, or just don't care -- drive, they are showing no >regard for the potentially deadly consequences of their actions. > > ________________________________________________________________________ Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 1, 2000 Report Share Posted July 1, 2000 Well said! A thirtyish Iowa man, angered by teens toilet papering his lawn, chased the car of the 15 and 16 year old teens, forcing them to careen out of control and causing two to lose their lives. He was up on 2 counts of vehicular homicide. He was broken by the experience. The jury convicted him of reckless driving. And, I agree, yes it was absolutely " wanton disregard for human life " . This makes her a dangerous person in any environment and she shouldn't get out of jail until she is too old to drive or see. Throw the book at her. What a spoiled brat! Carol P.S. Court tv rocks! Check out their website. A> If it happened a couple of states south in California, many prosecutors _would_ have charged Kishline with second-degree murder. > And her book would have been retitled " People's Exhibit Number One. " > Generally, second degree murder doesn't require an intent to kill. It is killing of another with " malice aforethought. " > Malice doesn't mean ill will. It can be shown as a " wanton disregard for human life. " The argument can be made that when a person with a history of drunk driving continues to drink and -- if they are unable to control their impulses when drunk, or just don't care -- drive, they are showing no regard for the potentially deadly consequences of their actions. > In a highly-publicised case in Southern California last year, a man was found guilty of second-degree murder in very similar circumstances. His main defense was that the dead woman's injuries wouldn't have been fatal if she hadn't, as a Jehovah's Witness, refused transfusions. > I am not familiar with Washington law but, frankly, I am surprised Kishline wasn't charged with second degree murder. I have not read MM, but understand it details her problem drinking and admits she drove drunk on occasions. The fact that she continued to drink despite her problems with booze, and encouraged other problem drinkers to do likewise, would not have played well with a jury. > If Washington law allowed second-degree murder charges under these circumstances, the fact that Kishline is white, upper middle class, and had some national following probably saved her from defending against more serious charges. My current sig file is expecially appropriate in this case. >----- >Every man thinks God is on his side. >The rich and powerful know He is. > -Anouilh >______________________________________________ >FREE Personalized Email at Mail.com >Sign up at http://www.mail.com/?sr=signup > > >------------------------------------------------------------------------ >Accurate impartial advice on everything from laptops to table saws. >http://click./1/4634/2/_/4324/_/962476170/ >------------------------------------------------------------------------ > > > > --- Life is a candy store. Visit: Information on recovery alternatives at http://www.bcrecovernet.org Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 1, 2000 Report Share Posted July 1, 2000 The point is that " I was so drunk I was unable to control my actions " isn't a defense, especially when the person has a history of irresponsible actions when under the influence. Kishlike had a history of becoming intoxicated to the point that her judgment went out the window, yet continued to become intoxicated. The tragic deaths of two innocent people would be considered a foreseeable consequence of her drinking, kind of like killing your neighbor is a foreseeable consequence of doing target practice with a .44 in the living room of an apartment. At 03:41 PM 7/1/00 -0500, Arroyo wrote: ***ORIGINAL MESSAGE*** If they have no control how can they be Doesn't lack of control imply that they're unable to show regard for any consequences of their judgments under Isn't it often argued that they have no control over taking the first drink in the first place. I don't believe my last bit there but it seems like whoever wrote this is speaking from both sides of their mouth at once. ***END ORIGINAL MESSAGE*** ______________________________________________ FREE Personalized Email at Mail.com Sign up at http://www.mail.com/?sr=signup Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 1, 2000 Report Share Posted July 1, 2000 Bob Marshall wrote: << The tragic deaths of two innocent people would be considered a foreseeable consequence of her drinking, kind of like killing your neighbor is a foreseeable consequence of doing target practice with a ..44 in the living room of an apartment. >> Sorry, I don't see the logic of this. A " foreseeable consequence " of excessive drinking is an upset stomach or wicked hangover; or perhaps (if repeated over a long period of time) permanent GI or liver damage. Two dead people in a head-on collision is not a foreseeable result of drinking. The tragedy (and others like it) was a result of operating an unsafe vehicle. Can you not see this? It is Ms. Kishline's, or anyone else's, right to consume alcohol, and to risk whatever health problems their consumption causes. But if she had kept her butt in a chair instead of getting behind the wheel, no one would have been killed, no matter how high her BAC was! I would liken driving a car wth a BAC of .26 to driving a car with no brakes. If either the vehicle, or the driver, is not fit for driving, then it is criminally negligent to drive the vehicle. Drinking in and of itself is not negligent at all. I can't see how Kishline's book has any relevance at all to the case. I think all studies on the subject have shown that ignition-interlock breathalyzers produce the lowest DWI/DUI recidivism rates of any approach that has been tried in the history of the crime of DWI/DUI, including fines, license suspension, forced AA, educational classes, etc. Personally, I think MM could do a lot of damage control and increase its credibility by visibly encouraging its members (those who drive) to purchase and install the device. ~Rita Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 1, 2000 Report Share Posted July 1, 2000 I'm with you whole-heartedly on this. I guess what I'm trying to say is that it irritates me to think that the state takes the stand, on the one hand, the alcoholics have no control and therefore must be forced into treatment and on the other that they have control and should be punished accordingly when it comes to situations like this. The whole thing just seems self serving to me. I totally believe that people have control. I believe Ken Bjorn and others make that pretty clear in their writing. The contrary rationales, I described above, that appears to be coming from the legal side just seems wrong to me. RE: People's Exhibit Number One The point is that " I was so drunk I was unable to control my actions " isn't a defense, especially when the person has a history of irresponsible actions when under the influence. Kishlike had a history of becoming intoxicated to the point that her judgment went out the window, yet continued to become intoxicated. The tragic deaths of two innocent people would be considered a foreseeable consequence of her drinking, kind of like killing your neighbor is a foreseeable consequence of doing target practice with a .44 in the living room of an apartment. At 03:41 PM 7/1/00 -0500, Arroyo wrote: ***ORIGINAL MESSAGE*** If they have no control how can they be Doesn't lack of control imply that they're unable to show regard for any consequences of their judgments under Isn't it often argued that they have no control over taking the first drink in the first place. I don't believe my last bit there but it seems like whoever wrote this is speaking from both sides of their mouth at once. ***END ORIGINAL MESSAGE*** ______________________________________________ FREE Personalized Email at Mail.com Sign up at http://www.mail.com/?sr=signup ------------------------------------------------------------------------ Free Worldwide Calling with Firetalk! Click Here: http://click./1/5481/2/_/4324/_/962504430/ ------------------------------------------------------------------------ Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 2, 2000 Report Share Posted July 2, 2000 At 11:39 PM 7/1/00 -0400, rita66@... wrote: Bob Marshall wrote: >>><< The tragic deaths of two innocent people would be considered a foreseeable consequence of her drinking, kind of like killing your neighbor is a foreseeable consequence of doing target practice with a .44 in the living room of an apartment. >><<< <<<Sorry, I don't see the logic of this. A " foreseeable consequence " of excessive drinking is an upset stomach or wicked hangover; or perhaps(if repeated over a long period of time) permanent GI or liver damage. Two dead people in a head-on collision is not a foreseeable result of drinking. The tragedy (and others like it) was a result of operating an unsafe vehicle. Can you not see this? It is Ms. Kishline's, or anyone else's, right to consume alcohol, and to risk whatever health problems their consumption causes. But if she had kept her butt in a chair instead of getting behind the wheel, no one would have been killed, no matter how high her BAC was!>>> You snipped prior comments that put the quoted remarks in context. Alcohol consumption results in a lowering of inhibitions and, in larger quantities, impairment of reasoning and judgement. Along with a " wicked hangover, " many problem drinkers wake up with the feeling of horror that they cannot remember how they got home the night before. Ms. Kishline had a history of drinking and driving. Apparently, when intoxicated, she was unwilling or unable to conform her behavior to the law which prohibits driving under the influence. On sobering up, she realized that she had committed the crime of DUI and regretted her behavior. (The paragraph above is based on my understanding of her book, which I have not read. If she did not make these statements, I would welcome references from those more familiar with the text.) Faced with a history of failing to " keep her butt in a chair instead of getting behind the wheel, " she continued to get drunk. It is quite foreseeable that her behavior pattern would continue, just as those who have repeatedly become violent or abusive when they use drugs or alcohol are likely to exhibit those characteristics again when intoxicated. It follows that they should refrain from using substances which result in behavior that endangers others. Can you not see this? ______________________________________________ FREE Personalized Email at Mail.com Sign up at http://www.mail.com/?sr=signup Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 2, 2000 Report Share Posted July 2, 2000 Hello bob, Defence Exhibit number one ought to be the BB perhaps. Kishline's drinking got worse, and the killings occurred, while she was trying to be abstinent. This incident is pretty well irrelevant to the moderation/abstinence debate, but if it indicates anything, it shows that she should have stuck to moderating! P. > ***ORIGINAL MESSAGE*** > <snip> > No one is suggesting that Ms. Kishline should be charged with first or second degree murder -- of course she never intended to kill anyone. > But the vast majority of killings are unintentional -- doesn't mean the perpetrator shouldn't serve time, or isn't responsible. > ***END ORIGINAL MESSAGE*** > > If it happened a couple of states south in California, many prosecutors _would_ have charged Kishline with second-degree murder. > And her book would have been retitled " People's Exhibit Number One. " > Generally, second degree murder doesn't require an intent to kill. It is killing of another with " malice aforethought. " > Malice doesn't mean ill will. It can be shown as a " wanton disregard for human life. " The argument can be made that when a person with a history of drunk driving continues to drink and -- if they are unable to control their impulses when drunk, or just don't care -- drive, they are showing no regard for the potentially deadly consequences of their actions. > In a highly-publicised case in Southern California last year, a man was found guilty of second-degree murder in very similar circumstances. His main defense was that the dead woman's injuries wouldn't have been fatal if she hadn't, as a Jehovah's Witness, refused transfusions. > I am not familiar with Washington law but, frankly, I am surprised Kishline wasn't charged with second degree murder. I have not read MM, but understand it details her problem drinking and admits she drove drunk on occasions. The fact that she continued to drink despite her problems with booze, and encouraged other problem drinkers to do likewise, would not have played well with a jury. > If Washington law allowed second-degree murder charges under these circumstances, the fact that Kishline is white, upper middle class, and had some national following probably saved her from defending against more serious charges. My current sig file is expecially appropriate in this case. > ----- > Every man thinks God is on his side. > The rich and powerful know He is. > -Anouilh > ______________________________________________ > FREE Personalized Email at Mail.com > Sign up at http://www.mail.com/?sr=signup Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 2, 2000 Report Share Posted July 2, 2000 Bob Marshall wrote: << Faced with a history of failing to " keep her butt in a chair instead of getting behind the wheel, " she continued to get drunk. Â Â Â Â Â Â Â Â It is quite foreseeable that her behavior pattern would continue, just as those who have repeatedly become violent or abusive when they use drugs or alcohol are likely to exhibit those characteristics again when intoxicated. Â It follows that they should refrain from using substances which result in behavior that endangers others. Â Â Â Â Â Â Â Â Can you not see this? >> I understand your point, and I agree that such an individual ought to abstain totally from drink. But many problem drinkers are going to continue drinking; that's just reality. So shouldn't we as a society be focusing on how to prevent fatalities on the highways right now, rather than simply encouraging (or worse, coercing) people into programs which may, but then again may not, _eventually_ get them to stop drinking? Until DWI/DUI is approached as a traffic safety issue rather than a drinking issue, I fear there will be more tragedies of the Kishline type. They just won't make national news. ~Rita Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 2, 2000 Report Share Posted July 2, 2000 Or perhaps as a public health issue? > > << Faced with a history of failing to " keep her butt in a chair > instead of getting behind the wheel, " she continued to get drunk. > Â Â Â Â Â Â Â Â It is quite foreseeable that her behavior > pattern would continue, just as those who have repeatedly become violent > or abusive when they use drugs or alcohol are likely to exhibit those > characteristics again when intoxicated. Â It follows that they should > refrain from using substances which result in behavior that endangers > others. > Â Â Â Â Â Â Â Â Can you not see this? >> > > > I understand your point, and I agree that such an individual ought > to abstain totally from drink. > > But many problem drinkers are going to continue drinking; that's > just reality. So shouldn't we as a society be focusing on how to > prevent fatalities on the highways right now, rather than simply > encouraging (or worse, coercing) people into programs which may, but > then again may not, _eventually_ get them to stop drinking? > > Until DWI/DUI is approached as a traffic safety issue rather than a > drinking issue, I fear there will be more tragedies of the Kishline > type. They just won't make national news. > > ~Rita Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 4, 2000 Report Share Posted July 4, 2000 >>> Until DWI/DUI is approached as a traffic safety issue rather than a drinking issue, I fear there will be more tragedies of the Kishline type. They just won't make national news. <<< The problem with the traffic safety approach, including ignition interlock devices, is that they don't catch people who " fly below radar " and don't get into the legal system until there is a tragic accident. I know many people (taking the fifth for my own past) who have managed to drive while quite drunk and avoid detection for a number of years. I believe the Fourth Amendment protects us from mass installation of ignition interlock devices in the general population's vehicles. A person who is convicted of a crime involving alcohol can accept an interlock device, or choose to reject probation, serve their time and forfeit their drivers license for a statutory period of time. Maybe Big Brother is going to mandate interlock devices on all new cars at some point, but not without a hell of a fight. So what is left beside the criminalization of behavior resulting in the death of innocent people? _That_ is making a person responsible for the result of their actions. ______________________________________________ FREE Personalized Email at Mail.com Sign up at http://www.mail.com/?sr=signup Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 4, 2000 Report Share Posted July 4, 2000 At 01:54 AM 7/3/00 -0000, Kayleigh S wrote: > Or perhaps as a public health issue? >In 12-step-freeegroups, rita66@w... wrote: <snip> >>Until DWI/DUI is approached as a traffic safety issue >>rather than a drinking issue, I fear there will be more >>tragedies of the Kishline type. ***END ORIGINAL MESSAGE*** It is only a public health issue is alcoholism/addiction is a disease. ----- Every man thinks God is on his side. The rich and powerful know He is. -Anouilh ______________________________________________ FREE Personalized Email at Mail.com Sign up at http://www.mail.com/?sr=signup Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 4, 2000 Report Share Posted July 4, 2000 Yes, it is only a public health issue -- so why is it like " you are a total F@~~~~ing loser if you don't do it our way and your kids will have to grow up without you and even the pain of their soul-hurt will accrue to the accounts of our stepNazi righteousness and btw if you die soon that's cool but jest f~~@@ off anyway. If you don't maybe we'll get round to ripping your spine out at some sacrifice or just driving you to death some general way but rest assured yew R Finnish cos we R PowR " or just sort of normative clean-gene society Nazi f*** & & ??@ HimmlerKamp FEEEElth strictly Qu'ran AOKpproved Kontent Kids will inhairit thee Urth. Oh, and btw, Islam is definitely a cheapo con trick perpetrated upon the peoples of the Middle East by the Mecca and Medina Chambers of Kommerce in a downtown Delhi urinal deal with the Bank of Calcutta, DH. Help, the paranoids is SURE after ME. > >Reply-To: 12-step-freeegroups >To: 12-step-freeegroups >Subject: Re: People's Exhibit Number One >Date: Tue, 4 Jul 2000 18:08:39 -0400 (EDT) > >At 01:54 AM 7/3/00 -0000, Kayleigh S wrote: > > Or perhaps as a public health issue? > >In 12-step-freeegroups, rita66@w... wrote: ><snip> > >>Until DWI/DUI is approached as a traffic safety issue > >>rather than a drinking issue, I fear there will be more > >>tragedies of the Kishline type. >***END ORIGINAL MESSAGE*** > >It is only a public health issue is alcoholism/addiction is a disease. >----- >Every man thinks God is on his side. >The rich and powerful know He is. > -Anouilh >______________________________________________ >FREE Personalized Email at Mail.com >Sign up at http://www.mail.com/?sr=signup > ________________________________________________________________________ Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 4, 2000 Report Share Posted July 4, 2000 Well, I am not sure where is coming from here, but I can say with regard to Bob's post that I see no utility whatsoever in debating whether or not alcoholism is a disease. --- Kayleigh Zz zZ |\ z _,,,---,,_ /,`.-'`' _ ;-;;,_ |,4- ) )-,_..;\ ( `'-' '---''(_/--' `-'\_) >Yes, it is only a public health issue -- so why is it like " you are a total >F@~~~~ing loser if you don't do it our way and your kids will have to grow >up without you and even the pain of their soul-hurt will accrue to the >accounts of our stepNazi righteousness and btw if you die soon that's cool >but jest f~~@@ off anyway. If you don't maybe we'll get round to ripping >your spine out at some sacrifice or just driving you to death some general >way but rest assured yew R Finnish cos we R PowR " or just sort of normative >clean-gene society Nazi f*** & & ??@ HimmlerKamp FEEEElth strictly Qu'ran >AOKpproved Kontent Kids will inhairit thee Urth. Oh, and btw, Islam is >definitely a cheapo con trick perpetrated upon the peoples of the Middle >East by the Mecca and Medina Chambers of Kommerce in a downtown Delhi urinal >deal with the Bank of Calcutta, > >DH. >Help, the paranoids is SURE after ME. > >> >>Reply-To: 12-step-freeegroups >>To: 12-step-freeegroups >>Subject: Re: People's Exhibit Number One >>Date: Tue, 4 Jul 2000 18:08:39 -0400 (EDT) >> >>At 01:54 AM 7/3/00 -0000, Kayleigh S wrote: >> > Or perhaps as a public health issue? >> >In 12-step-freeegroups, rita66@w... wrote: >><snip> >> >>Until DWI/DUI is approached as a traffic safety issue >> >>rather than a drinking issue, I fear there will be more >> >>tragedies of the Kishline type. >>***END ORIGINAL MESSAGE*** >> >>It is only a public health issue is alcoholism/addiction is a disease. >>----- >>Every man thinks God is on his side. >>The rich and powerful know He is. >> -Anouilh >>______________________________________________ >>FREE Personalized Email at Mail.com >>Sign up at http://www.mail.com/?sr=signup >> > >________________________________________________________________________ >Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com > > >------------------------------------------------------------------------ >Click here for savings: beMANY! >http://click./1/4115/2/_/4324/_/962750407/ >------------------------------------------------------------------------ > > > --== Sent via Deja.com http://www.deja.com/ ==-- Before you buy. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 5, 2000 Report Share Posted July 5, 2000 Good Grief, Is it the Fourth Amendment that " protects " ppl from banning the sale of Police Radar Detection devices so that ppl can drive at breakneck speed with impunity? Early on in the history of the car, could it have been used to prevent the mandatory requirement to fit breaks or headlamps? That this argument could be used I consider staggering. Such a device would prevent the " flying below radar " that you refer to. I find it amazing that ppl are quite happy to have, and actively seek, the mass introduction of safety devices for the car, and yet will not countenance mandatory safety limits on its most important and unpredictable component, the driver. P. > >>> Until DWI/DUI is approached as a traffic safety issue rather > than a drinking issue, I fear there will be more tragedies of the Kishline type. They just won't make national news. <<< > > The problem with the traffic safety approach, including ignition interlock devices, is that they don't catch people who " fly below radar " and don't get into the legal system until there is a tragic accident. I know many people (taking the fifth for my own past) who have managed to drive while quite drunk and avoid detection for a number of years. > > I believe the Fourth Amendment protects us from mass installation of ignition interlock devices in the general population's vehicles. A person who is convicted of a crime involving alcohol can accept an interlock device, or choose to reject probation, serve their time and forfeit their drivers license for a statutory period of time. > > Maybe Big Brother is going to mandate interlock devices on all new cars at some point, but not without a hell of a fight. > > So what is left beside the criminalization of behavior resulting in the death of innocent people? _That_ is making a person responsible for the result of their actions. > > ______________________________________________ > FREE Personalized Email at Mail.com > Sign up at http://www.mail.com/?sr=signup Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 5, 2000 Report Share Posted July 5, 2000 There are states where sale of radar detection devices is banned, just as there is one state (New Hampshire - " Live free or die " ) that does not require the use of seat belts or bike helmets. This argument whether safety devices should be required or not will go on as long as people are people, I think. Perhaps the installation of interlock devices is not required, in part, because it would prevent an embarrassingly high number of people from driving. Would it stop me if I had been taking cough syrup, for example? --- Kayleigh Zz zZ |\ z _,,,---,,_ /,`.-'`' _ ;-;;,_ |,4- ) )-,_..;\ ( `'-' '---''(_/--' `-'\_) >Good Grief, > >Is it the Fourth Amendment that " protects " ppl from banning the sale >of Police Radar Detection devices so that ppl can drive at breakneck >speed with impunity? > >Early on in the history of the car, could it have been used to prevent >the mandatory requirement to fit breaks or headlamps? > >That this argument could be used I consider staggering. Such a device >would prevent the " flying below radar " that you refer to. > >I find it amazing that ppl are quite happy to have, and actively seek, >the mass introduction of safety devices for the car, and yet will not >countenance mandatory safety limits on its most important and >unpredictable component, the driver. > >P. > > > > >> >>> Until DWI/DUI is approached as a traffic safety issue rather >> than a drinking issue, I fear there will be more tragedies of the >Kishline type. They just won't make national news. <<< >> >> The problem with the traffic safety approach, including ignition >interlock devices, is that they don't catch people who " fly below >radar " and don't get into the legal system until there is a tragic >accident. I know many people (taking the fifth for my own past) who >have managed to drive while quite drunk and avoid detection for a >number of years. >> >> I believe the Fourth Amendment protects us from mass installation of >ignition interlock devices in the general population's vehicles. A >person who is convicted of a crime involving alcohol can accept an >interlock device, or choose to reject probation, serve their time and >forfeit their drivers license for a statutory period of time. >> >> Maybe Big Brother is going to mandate interlock devices on all new >cars at some point, but not without a hell of a fight. >> >> So what is left beside the criminalization of behavior resulting in >the death of innocent people? _That_ is making a person responsible >for the result of their actions. >> >> ______________________________________________ >> FREE Personalized Email at Mail.com >> Sign up at http://www.mail.com/?sr=signup > > >------------------------------------------------------------------------ >Was the salesman clueless? Productopia has the answers. >http://click./1/4633/2/_/4324/_/962814671/ >------------------------------------------------------------------------ > > > --== Sent via Deja.com http://www.deja.com/ ==-- Before you buy. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 6, 2000 Report Share Posted July 6, 2000 > There are states where sale of radar detection devices is banned, just as there is one state (New Hampshire - " Live free or die " ) that does not require the use of seat belts or bike helmets. This argument whether safety devices should be required or not will go on as long as people are people, I think. In these ecommerce days and interantional ban on radar detection sale is probably required. Failing that, hang anyone found with one in their car by their gonads (external or internal)! Im glad to hear sanity prevails in some parts of America, but IIRC there have been claims that banning them is " unconstitutional " . ALso, I was under the impression that seat belt use was largely non mandatory in tghe US? > > Perhaps the installation of interlock devices is not required, in part, because it would prevent an embarrassingly high number of people from driving. Would it stop me if I had been taking cough syrup, for example? I would say in a sense yes and in a sense no - it could easily determine when alcohol present was below the legal limit, so if it stopped you after cough syrup, then you shouldnt be driving after cough syrup. Cough syrup apart, it undoubtedly would show up that driving over the limit is a commonplace, but then this would produce social change. Already attitudes to drink and driving have toughened, and they can toughen up even more. Drink's been around a long time but the car hasnt - what we have grown used to doing we can get used again to not doing. P. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 6, 2000 Report Share Posted July 6, 2000 I'm not too sure on which side sanity lies, re banning radar detectors. Banning them means that there is a part of the electromagnetic spectrum that citizens are forbidden to perceive. This just doesn't seem right to me, regardless of whether any real Constitutional justification can be found for opposing the ban. --wally -----Original Message----- > There are states where sale of radar detection devices is banned, just as there is one state (New Hampshire - " Live free or die " ) that does not require the use of seat belts or bike helmets. This argument whether safety devices should be required or not will go on as long as people are people, I think. In these ecommerce days and interantional ban on radar detection sale is probably required. Failing that, hang anyone found with one in their car by their gonads (external or internal)! Im glad to hear sanity prevails in some parts of America, but IIRC there have been claims that banning them is " unconstitutional " . ALso, I was under the impression that seat belt use was largely non mandatory in tghe US? [snip] Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 6, 2000 Report Share Posted July 6, 2000 My insurance company would love you Pete. As it happens the speed limit on the highways here are around the 70ish mark. As for not wanting to be caught, the radar detector came with insurance to cover the cost of the ticket up to a certain amount cant remember just now. Also I didn't play around with the cheapo brands I bought an expensive model and a few times it paid off giving me about a two mile warning when I was using it at reckless speeds of well over 100 mph. What can I say I used to be quite reckless in my driving habits. As I said though I hit 24 or 25 and I just grew out of it. I think that happens when you're forced to realize that reaction times are non existent when you're driving over a hundred close your eyes to sneeze and when you open them realize you're barreling down the back end of a semi in an iddy biddy sports car I can tell you nothing better to mature a guy real quick. Re: People's Exhibit Number One > In these ecommerce days and interantional ban on radar > detection sale is probably required. Failing that, hang anyone found > with one in their car by their gonads (external or internal)! > > Im glad to hear sanity prevails in some parts of America, but IIRC > there have been claims that banning them is " unconstitutional " . ALso, > I was under the impression that seat belt use was largely non > mandatory in tghe US? > > ------------------------------------------------------------------------ CatalogLink offers hundreds of catalogs for FREE! Click here to find the latest and greatest in the world of catalogs - check out our featured Picks of the Week and also look to enter our $500 catalog shopping spree! http://click./1/6068/2/_/4324/_/962908239/ ------------------------------------------------------------------------ Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 6, 2000 Report Share Posted July 6, 2000 Have I mentioned I like the way you think lately? Re: Re: People's Exhibit Number One I'm not too sure on which side sanity lies, re banning radar detectors. Banning them means that there is a part of the electromagnetic spectrum that citizens are forbidden to perceive. This just doesn't seem right to me, regardless of whether any real Constitutional justification can be found for opposing the ban. --wally Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 6, 2000 Report Share Posted July 6, 2000 Seat belt usage is required in 49 states, Puerto Rico, the Virgin Islands, Washington D.C., American Samoa, Guam and the nas. The thing I'm not clear on is whether these interlock devices detect any alcohol at lock and freeze things up, or whether they can determine actual limits. Also it would be important to know how accurate they are. > > There are states where sale of radar detection devices is banned, > just as there is one state (New Hampshire - " Live free or die " ) that > does not require the use of seat belts or bike helmets. This argument > whether safety devices should be required or not will go on as long as > people are people, I think. > > In these ecommerce days and interantional ban on radar > detection sale is probably required. Failing that, hang anyone found > with one in their car by their gonads (external or internal)! > > Im glad to hear sanity prevails in some parts of America, but IIRC > there have been claims that banning them is " unconstitutional " . ALso, > I was under the impression that seat belt use was largely non > mandatory in tghe US? > > > > Perhaps the installation of interlock devices is not required, in > part, because it would prevent an embarrassingly high number of people > from driving. Would it stop me if I had been taking cough syrup, for > example? > > I would say in a sense yes and in a sense no - it could easily > determine when alcohol present was below the legal limit, so if it > stopped you after cough syrup, then you shouldnt be driving after > cough syrup. Cough syrup apart, it undoubtedly would show up > that driving over the limit is a commonplace, but then this would > produce social change. Already attitudes to drink and driving have > toughened, and they can toughen up even more. Drink's been around a > long time but the car hasnt - what we have grown used to doing we can > get used again to not doing. > > P. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 6, 2000 Report Share Posted July 6, 2000 55 mph is no longer the mandatory speed limit in the US. Most places it is probably 65. > > Hi Pete: > > > > Many people here think it's BS when I say this but the truth is I > actually > > drove slower when I used my radar/laser detector with radar > scrambler and > > radar detector blocker. > > > > Without it I would routinely run at around 90 - 105 mph. With it I > was > > sticking to around 75 - 85. That was in my youth around 10 years > ago. Now > > I just sort of grew out of it. I'm about 70 - 75 on the highways > now > > without a radar/detector. > > > > Seat belt use is largely mandatory including rigid child safety > restraint > > usage when called for. > > Re: People's Exhibit Number One > > In these ecommerce days and interantional ban on radar > > detection sale is probably required. Failing that, hang anyone > found > > with one in their car by their gonads (external or internal)! > > > > Im glad to hear sanity prevails in some parts of America, but IIRC > > there have been claims that banning them is " unconstitutional " . > ALso, > > I was under the impression that seat belt use was largely non > > mandatory in tghe US? > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 6, 2000 Report Share Posted July 6, 2000 Kayleigh wrote: << Seat belt usage is required in 49 states, Puerto Rico, the Virgin Islands, Washington D.C., American Samoa, Guam and the nas. The thing I'm not clear on is whether these interlock devices detect any alcohol at lock and freeze things up, or whether they can determine actual limits. Also it would be important to know how accurate they are. >> ------------------- Kayleigh -- They can be set by the manufacturer at whatever is considered the " safe " limit of alcohol in the locality in which it is being used. Since they are connected to a breath analysis device, their accuracy is that of breath analysis devices -- and the National Highway Transportation Safety Administration guidelines for breathalyzer accuracy is ± 0.005 mg/dl. This is pretty accurate -- if the breathalyzer estimate " passes " someone who is really over the limit by such an amount, they still will not be likely to be dangerously inebriated; and if the device " fails " someone who is under by such an amount, well, they can just wait around for another half hour and err on the side of caution. ~Rita Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 6, 2000 Report Share Posted July 6, 2000 Hi, Rita, If I am understanding you correctly, then, if someone tested on a breathalyzer at .01, they could be .005 or .015? And this would be about one-tenth of the legal limit in most states? Does the accuracy change with levels of alcohol? That is, can it be more accurate at higher levels than lower, or vice versa? I really don't know much about breathalyzers, but one thing I do know is that they have to be calibrated (at least unless there've been advances in technology since I tried my one and only DUI in the early '80's) and if this has not been done within the proper time frame the test is considered inaccurate and is thrown out of court. So how can these interlock devices work the same way? Just for the record, I was the prosecutor and the guy was convicted. But there were some pretty tense arguments in chambers about the admissibility of the breath test. > ------------------- > Kayleigh -- > > They can be set by the manufacturer at whatever is considered the > " safe " limit of alcohol in the locality in which it is being used. > > Since they are connected to a breath analysis device, their > accuracy is that of breath analysis devices -- and the National Highway > Transportation Safety Administration guidelines for breathalyzer > accuracy is ± 0.005 mg/dl. This is pretty accurate -- if the > breathalyzer estimate " passes " someone who is really over the limit by > such an amount, they still will not be likely to be dangerously > inebriated; and if the device " fails " someone who is under by such an > amount, well, they can just wait around for another half hour and err on > the side of caution. > > ~Rita Quote Link to comment Share on other sites More sharing options...
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