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Old 05-08-2002, 11:17 AM   #101
Haird
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Default Re: John Burns: Monday Malfeasance

On point #3 (refusing a breathalyzer = drunk), I think it's called "implied consent." When you accept the privilege of a driver's license (at least in Illinois) you implicitly give consent to submit to tests of your sobriety. The penalty for failure to submit is that you get convicted on whatever other evidence is available, i.e. the police's testimony that you were weaving, had alcohol on your breath etc. I know one cop who actually would try to avoid giving people he thought might be borderline drunk a breath test becasue it might prove they were not DUI. The law is definitely set up so the default is you get convicted if you don't take the test.



I personally don't think this is a bad law. It keeps people from escaping responsibility by simply refusing the test. Abuses by individual cops aside, I think it is a fair contract designed to protect the public. I certainly recall being informed about it in driver's ed (about 28 years ago) so it's no secret. If you feel otherwise, I guess you could try to get the law changed, but that doesn't seem likely in the current political environment.



About those abuses: I agree with John et al that they threaten our freedom and they need to be brought under control. I don't know precisely how to do that. Maybe citizen review boards with real authority to sanction misbehaving officers. But those, too, run a high risk of becoming political bodies with all the problems that entails, including being lumped into the category of self-serving politicians by those who don't agree with their decisions.



I also agree that dangerous driving behaviors other than drunk driving need to be policed. I think we may be moving toward that. I have heard of many jurisdictions calling for bans on cell phone use while driving. I don't know how many, if any, of these measures have passed. But even if they don't there's the old standby "reckless driving" that could be used to ticket a wide range of dangerous driving behavior.
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Old 05-08-2002, 11:24 AM   #102
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Default Re: John Burns: Monday Malfeasance

I have no problem with implied consent -- but this does not mean guilt, only that you will be tried. You also realize that you are going to be arrested on the spot. It should not mean that you will be guilty, however. The other evidence against you should be pretty good to get you convicted. I am wondering what they had against Burns.



I also wish other dangerous driving activities were better monitored. That doesn't mean to me that we should stop enforcing all because some are not enforced well.



Refusal cannot, however, equal guilt.
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Old 05-08-2002, 11:48 AM   #103
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Default Re: John Burns: Monday Malfeasance

We already know how abysmally stupid too many people who run the public schools are. Zero tolerance means you don't have to think or use jugdgement, a difficult task for the average educrat even in the best of circumstances. The opportunity to also make someone miserable is just icing on the cake to these zero tolerance nuts.
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Old 05-08-2002, 12:13 PM   #104
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Default Re: I don't follow your thinking

Do you live in a cage?
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Old 05-08-2002, 12:17 PM   #105
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Default Re: John Burns: Monday Malfeasance

California the safest? Get a clue and a life.
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Old 05-08-2002, 12:23 PM   #106
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Default Re: John Burns: Monday Malfeasance

Well, Burnsie. For once you got it right. Like a million monkeys typing on a million typewriters, I guess. There are too dang many traffic cops. Look, crime is running rampant, haven't they got something more productive to do. Incidentally, re your wife's seat belt faux pas..the 4th Circuit Court of Appeals has ruled that driving without a seat belt is NOT sufficient reason to stop a vehicle that is not otherwise making a boo-boo.



Claude Baggett, formerly of Hell-A but now in moto nirvana in SW Virginia.
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Old 05-08-2002, 12:24 PM   #107
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Default Re: John Burns: Monday Malfeasance

Oh boy you sure got their goat! keep up the good work Johnny.
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Old 05-08-2002, 12:50 PM   #108
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Default Re: In India . . .

I think the word "gas" is quite fitting on this thread.
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Old 05-08-2002, 12:55 PM   #109
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Default Re: A matter of perspective

. The point is that the hardball policies of the Guliani administration (largely practiced against easy targets) had little demonstrable effect on the crime rate in NYC.



Tell that to the people of Manhattan who can now walk the streets of their own city at night.

Figures lie and liars figure.



You forgot the most important factor in "reducing crime". Giving more billions to psychologists and social workers. Seems that that is always the "solution". Give them more money.



Never mind that everytime we spend more money on social programs things get worse, not better.
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Old 05-08-2002, 01:27 PM   #110
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Default Re: John Burns: Monday Malfeasance

Damn, it's nice to know there is another person out there who has different beliefs than Lush Rimjob & Boy George and isn't afraid to stand up to the Newt wannabes :^). As to making our roads safer, as someone else on the 'net stated years ago, just replace the driver's side airbags with 6" steel spikes and watch how much better the driving gets.
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