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EMS Conference, Dallas & TABC

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So how many of you out there have been watching the news about the TABC over

stepping their bounds? Since the EMS Conference is going to be there this year,

has anyone thought that this could cause one major problem, if TABC starts to

" invade " all of the EMS parties?

Let's just hope that they will stop before the EMS Conference, so that half of

the EMS personnel in attendance of the conference want wind up in jail.

To me TABC seems to be over stepping their bounds, especially for the ones

that ever staying in the hotels where they were arrested and not going tobe

driving. Sounds like a good job of the ACLU.

Just my thoughts since we are going to be in Dallas this year.

Wayne

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Wayne D wrote: Let's just hope that they will stop

before the EMS Conference, so that half of the EMS personnel in attendance of

the conference want wind up in jail.ONLY half?????

" A prudent man foresees the difficulties ahead and prepares for them; the

simpleton goes blindly on and suffers the consequences. " Proverbs 22:3

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Maybe this will stop EMS personnel from getting drunk or even drinking in

public while wearing their service name plaster all over their clothing!!!!!

Personnally I think this entire process by TABC is outrageous and it needs

to stop.

Later,

EMS Conference, Dallas & TABC

So how many of you out there have been watching the news about the TABC over

stepping their bounds? Since the EMS Conference is going to be there this

year, has anyone thought that this could cause one major problem, if TABC

starts to " invade " all of the EMS parties?

Let's just hope that they will stop before the EMS Conference, so that

half of the EMS personnel in attendance of the conference want wind up in

jail.

To me TABC seems to be over stepping their bounds, especially for the ones

that ever staying in the hotels where they were arrested and not going tobe

driving. Sounds like a good job of the ACLU.

Just my thoughts since we are going to be in Dallas this year.

Wayne

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You know, Gene and I could retire my remaining student loans by setting up a 24

hour jail release operation at Conference.... <GRIN>

-Wes

EMS Conference, Dallas & TABC

So how many of you out there have been watching the news about the TABC over

stepping their bounds? Since the EMS Conference is going to be there this

year, has anyone thought that this could cause one major problem, if TABC

starts to " invade " all of the EMS parties?

Let's just hope that they will stop before the EMS Conference, so that

half of the EMS personnel in attendance of the conference want wind up in

jail.

To me TABC seems to be over stepping their bounds, especially for the ones

that ever staying in the hotels where they were arrested and not going tobe

driving. Sounds like a good job of the ACLU.

Just my thoughts since we are going to be in Dallas this year.

Wayne

---------------------------------

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What, no " get out of jail FREE " cards?

Kim

RE: EMS Conference, Dallas & TABC

>

>

> Maybe this will stop EMS personnel from getting drunk or even drinking in

> public while wearing their service name plaster all over their

> clothing!!!!!

>

>

> Personnally I think this entire process by TABC is outrageous and it needs

> to stop.

>

> Later,

>

>

>

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Profit before friendship.... <EEEEVIL GRIN>. I learned that in my legal ethics

course. (Yes, that course was an oxymoron.)

-Wes

Re: EMS Conference, Dallas & TABC

What, no " get out of jail FREE " cards?

Kim

RE: EMS Conference, Dallas & TABC

>

>

> Maybe this will stop EMS personnel from getting drunk or even drinking in

> public while wearing their service name plaster all over their

> clothing!!!!!

>

>

> Personnally I think this entire process by TABC is outrageous and it needs

> to stop.

>

> Later,

>

>

>

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" Legal ethics " an oxymoron? Good point, but in light of this thread, try

" legally drunk " as well. ;-)

Kim

Re: EMS Conference, Dallas & TABC

>

>

> What, no " get out of jail FREE " cards?

>

> Kim

>

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Wes, you know you probably could and have enoug to live on for a few yrs. LOL

Wayne

ExLngHrn@... wrote:

You know, Gene and I could retire my remaining student loans by setting up a

24 hour jail release operation at Conference.... <GRIN>

-Wes

EMS Conference, Dallas & TABC

So how many of you out there have been watching the news about the TABC over

stepping their bounds? Since the EMS Conference is going to be there this

year, has anyone thought that this could cause one major problem, if TABC

starts to " invade " all of the EMS parties?

Let's just hope that they will stop before the EMS Conference, so that

half of the EMS personnel in attendance of the conference want wind up in

jail.

To me TABC seems to be over stepping their bounds, especially for the ones

that ever staying in the hotels where they were arrested and not going tobe

driving. Sounds like a good job of the ACLU.

Just my thoughts since we are going to be in Dallas this year.

Wayne

---------------------------------

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In order to understand this you must first understand the laws applicable to it.

PENAL CODE

TITLE 1. INTRODUCTORY PROVISIONS

CHAPTER 1. GENERAL PROVISIONS

§ 1.07. DEFINITIONS. (a) In this code:

(40) " Public place " means any place to which the public or a substantial group

of the public has access and includes, but is not limited to, streets, highways,

and the common areas of schools, hospitals, apartment houses, office buildings,

transport facilities, and shops.

PENAL CODE

TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS

CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES

§ 49.01. DEFINITIONS. In this chapter:

(2) " Intoxicated " means:

(A) not having the normal use of mental or physical faculties by reason of the

introduction of alcohol, a controlled substance, a drug, a dangerous drug, a

combination of two or more of those substances, or any other substance into the

body; or

(B) having an alcohol concentration of 0.08 or more.

§ 49.02. PUBLIC INTOXICATION. (a) A person commits an offense if the person

appears in a public place while intoxicated to the degree that the person may

endanger the person or another.

(B) It is a defense to prosecution under this section that the alcohol or other

substance was administered for therapeutic purposes and as a part of the

person's professional medical treatment by a licensed physician.

© Except as provided by Subsection (e), an offense under this section is a

Class C misdemeanor.

§ 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the

person is intoxicated while operating a motor vehicle in a public place

Members that are at “Private Club” are not in a public place and are therefore

not able to be arrested under this provision. Most bars in wet areas are not

going to be private clubs and are therefore going to be public places. If you

are intoxicated in a public place you are breaking the law. Does this

necessitate a trip to the pokey? I think not. If you’re being an arse, or

otherwise endangering others or yourself, be prepared to spend a cold night in

the drunk tank. Be nice to the officers and they’ll probably be nice to you.

Be a jerk, and expect less than courteous treatment.

Having said all of that, these arrests are legal. Has TABC overstepped it

bounds? I don’t think so. Are they making an impact on DWI’s, as they allege

is their motive for this roundup? Who knows? Are they being prudent with our

tax dollars, I don’t think so, but the answer to this depends on the outcome of

their supposed reason for their mission. If they are making an impact on drunk

driving, I’d have to say so. I personally think stings looking for intoxicated

persons, and then watching for them to operate a motor vehicle in a public place

would be more prudent. I am completely against going into clubs, bars,

restaurants, and other public places and rounding up everyone that the officers

believe is intoxicated.

One woman I saw on TV that was arrested in the bar of the hotel where she was

staying. This was probably legal, but that doesn’t make it right or prudent on

the part of the officers. Who knows, maybe she was going to take someone back

to her room that she’d have regretted in the morning. In that case, maybe they

did her a favor. Even so, she’s an adult and she chose to have those drinks.

Why mess with her if she’s not causing trouble?

Will the EMS Conference be affected? I think this sting will be over by then

for whatever reason. If not, simply don’t get drunk in “publikkkk” (in my best

Ron White voice, as I take a sip of my beverage). Most of the “gatherings” I

have been to at conferences are in private areas, so as long as you remain

there, you’re safe.

Good luck and be safe,

Tater

Wayne D wrote: So how many of you out there have been

watching the news about the TABC over stepping their bounds? Since the EMS

Conference is going to be there this year, has anyone thought that this could

cause one major problem, if TABC starts to " invade " all of the EMS parties?

Let's just hope that they will stop before the EMS Conference, so that half of

the EMS personnel in attendance of the conference want wind up in jail.

To me TABC seems to be over stepping their bounds, especially for the ones

that ever staying in the hotels where they were arrested and not going tobe

driving. Sounds like a good job of the ACLU.

Just my thoughts since we are going to be in Dallas this year.

Wayne

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I am not defending or vilifying TABC here, and my personal jury is still out on

this one. However, IMHO, if a peace officer witnesses someone and has probable

cause to believe them to be intoxicated, and only observes them and allows them

to get behind the wheel and drive away in order to secure a DWI arrest, and the

person then has a crash or injures someone, the officer bears some culpability

in that crash.

Just my $0.02, and again you paid too much.

Randell

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I mentioned that because some departments use that type of sting to combat

DWI. I agree with your argument against it, but at this point I don’t see the

necessity in arresting everyone that is PI. The taxpayers would be much better

served by community policing, and or code compliance that rounding up the happy

drunks at every club in town.

BTW, the stop is usually made before the driver gets far at all. Sometimes

even in the parking lot, since those (unless part of a private club) are public

places.

Randell Pitts wrote: I am not defending or vilifying

TABC here, and my personal jury is still out on this one. However, IMHO, if a

peace officer witnesses someone and has probable cause to believe them to be

intoxicated, and only observes them and allows them to get behind the wheel and

drive away in order to secure a DWI arrest, and the person then has a crash or

injures someone, the officer bears some culpability in that crash.

Just my $0.02, and again you paid too much.

Randell

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