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Darren New wrote:
> We do both. Appeals are a check on misoperation of the legal system.
This is the kind of thing I meant by that, btw:
http://www.courant.com/news/politics/hc-drunken-driving-court-0324.artmar24,0,4129048.story
This is deciding "what does it mean to drive drunk?"
Is sitting in your running car in the parking lot "drunk driving"?
--
Darren New, San Diego CA, USA (PST)
There's no CD like OCD, there's no
CD I knoooow!
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On Wed, 25 Mar 2009 17:55:16 -0700, Darren New wrote:
> Jim Henderson wrote:
>> From my understanding, it works pretty much the same;
>
> So the facts the trial judge decides are worth aren't overturnable? I
> guess I can see how that works, OK.
Well, appeals aren't based on facts but procedures. If the judge admits
evidence that shouldn't be admitted, it'd be the same sort of thing as
with a jury trial, because it's a reversible error.
>> I don't think it does, actually - I'll have to ask my wife what she was
>> told.
>
> Hmmm. OK. Could be. :-) I would think how soon you can be called back
> to a state trial after doing a federal trial would be up to the states,
> but maybe not.
What my wife was told was that she's not eligible to be called for state
or federal jury duty for 2 years, and she got something to show the state/
county courts that she was called for federal duty.
But I'm not sure (and neither is she) whether that's because Utah has a 2
year minimum wait between times you're called or if the federal overrides
the state/county courts.
Jim
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On Wed, 25 Mar 2009 18:12:36 -0700, Darren New wrote:
> Darren New wrote:
>> We do both. Appeals are a check on misoperation of the legal system.
>
> This is the kind of thing I meant by that, btw:
>
> http://www.courant.com/news/politics/hc-drunken-driving-
court-0324.artmar24,0,4129048.story
>
> This is deciding "what does it mean to drive drunk?" Is sitting in your
> running car in the parking lot "drunk driving"?
Heh, I saw that one come up recently. Surprising that I'd have been
guilty of DUI for sitting in the car with the AC blowing to help me
"sober up" after a good dinner one night, even though I wasn't moving at
all.
Jim
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Jim Henderson wrote:
> Heh, I saw that one come up recently.
My brother (a cop) once stopped a guy in a truck for using the commuter
lane[1] with only one person in the truck. His argument was that since the
back of the truck held a couple dozen frozen bodies on the way to the
medical school, he had plenty of people to meet the commuter limit. Judge
said "We'll let you off this time, but don't do it again." :-)
There was also a case here where a lady got stopped for being alone in the
commuter lane. She pointed out she's 8 months pregnant, and if she can't
have an abortion it must be because the "baby" counts. The judges actually
agreed with this one. :-)
[1] Special lane on the freeway reserved for cars with multiple people,
which tends to go faster during rush-hour, because americans are too lazy to
find neighbors going the same way at the same time to save gas. :-)
--
Darren New, San Diego CA, USA (PST)
There's no CD like OCD, there's no
CD I knoooow!
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On Wed, 25 Mar 2009 19:12:20 -0700, Darren New wrote:
> Jim Henderson wrote:
>> Heh, I saw that one come up recently.
>
> My brother (a cop) once stopped a guy in a truck for using the commuter
> lane[1] with only one person in the truck. His argument was that since
> the back of the truck held a couple dozen frozen bodies on the way to
> the medical school, he had plenty of people to meet the commuter limit.
> Judge said "We'll let you off this time, but don't do it again." :-)
Heh.....That's good, I know my cousin (who's a Sheriff's deputy) has lots
of stories like that. Best quote from him to date: "I love my job.
Where else do I get to shoot guns, drive fast, and mess with people?"
> There was also a case here where a lady got stopped for being alone in
> the commuter lane. She pointed out she's 8 months pregnant, and if she
> can't have an abortion it must be because the "baby" counts. The judges
> actually agreed with this one. :-)
Seems reasonable to me....
> [1] Special lane on the freeway reserved for cars with multiple people,
> which tends to go faster during rush-hour, because americans are too
> lazy to find neighbors going the same way at the same time to save gas.
> :-)
Yeah, we have those here as well, though you can buy a tag that lets you
use it as a single person occupied vehicle. They also give the tags to
people who drive hybrids.
Jim
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Jim Henderson wrote:
> Yeah, we have those here as well,
That was more a clarification for anyone reading who doesn't come from a
country with people dumb enough to clog an 8-lane-each-way highway with
people driving one to a car. :-)
--
Darren New, San Diego CA, USA (PST)
There's no CD like OCD, there's no
CD I knoooow!
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On Wed, 25 Mar 2009 20:53:54 -0700, Darren New wrote:
> Jim Henderson wrote:
>> Yeah, we have those here as well,
>
> That was more a clarification for anyone reading who doesn't come from a
> country with people dumb enough to clog an 8-lane-each-way highway with
> people driving one to a car. :-)
Oh, right - long day here. :-)
Jim
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On 3/25/2009 6:12 PM, Darren New wrote:
> This is deciding "what does it mean to drive drunk?"
> Is sitting in your running car in the parking lot "drunk driving"?
Same thing here in Oregon. I know a guy who got a DUI conviction
because he'd been out drinking, decided he was too drunk to drive home
and went to sleep in his car on the side of the road.
Unfortunately for him, he left the keys in the ignition, so even though
the car wasn't started the police still wrote him up when they found him.
--
...Chambers
www.pacificwebguy.com
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On 26-3-2009 8:26, Chambers wrote:
> On 3/25/2009 6:12 PM, Darren New wrote:
>> This is deciding "what does it mean to drive drunk?"
>> Is sitting in your running car in the parking lot "drunk driving"?
>
> Same thing here in Oregon. I know a guy who got a DUI conviction
> because he'd been out drinking, decided he was too drunk to drive home
> and went to sleep in his car on the side of the road.
>
> Unfortunately for him, he left the keys in the ignition, so even though
> the car wasn't started the police still wrote him up when they found him.
There are two sides to this and Jim's case. On the on hand you might
argue that it is technically not driving on the other hand while
drinking no though was given on how to get home safe. As an incentive to
think next time before you start drinking and there is no one to take
you home it might just work.
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On Thu, 26 Mar 2009 20:53:46 +0100, andrel wrote:
> while drinking no
> though was given on how to get home safe.
The argument can be made that thought was given. In my case I knew I
wasn't in any condition to drive, so I didn't. Hey, been there, done
that, swore never again. So I waited (about an hour as I recall) until I
was in a condition that allowed me to drive safely.
If I'd given no thought on how to get "home" (ie, to my hotel) safely,
then I would've just started driving instead of saying "no, I'm not going
to because it wouldn't be safe".
Jim
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