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5-year legal fight over O’Doul’s beer (NM man convicted of open container in car)
The Albuquerque Journal ^ | June 27, 2013 | Steve Hansen

Posted on 06/27/2013 1:00:58 PM PDT by CedarDave

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To: GrandJediMasterYoda
I never understood O’Douls. It’s like the Sanka of beer. Why drink it in the first place? What’s the point?
I quit drinking 20 years ago, but still craved a beer on a hot summer's day, especially after an 8-10 mile run.
I discovered O'Douls, but quickly switched to the Molsen's and Labatt's N/A beers. Great taste - less filling :)
21 posted on 06/27/2013 1:43:37 PM PDT by oh8eleven (RVN '67-'68)
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To: Ray76

He filed an appeal based on something that did not exist in NM law. It has nothing to do with the merits of his claim. if he had paid a lawyer for a half hour of time, he’d have known this. If he had fully researched the process, he would have known this.

The judge seems to have been nice enough to tell him what writ he is SUPPOSED to use.


22 posted on 06/27/2013 1:43:47 PM PDT by CharlesWayneCT
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To: American in Israel

“The fact that a man cannot represent himself in a non-alcohol beer as an open container in a car is a perfect example of the Mockery of Justice our Justice system has become.”

Well stated.I agree completely


23 posted on 06/27/2013 1:44:29 PM PDT by Cyman
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To: muir_redwoods

Then that would make it not apply. Really it’s a solid basis for his case if he was smart enough to take it. If it’s not alcohol in the grocery store it’s not in his car. Of course if it is alcohol in the grocery store he’s SOL.


24 posted on 06/27/2013 1:44:37 PM PDT by discostu (Go do the voodoo that you do so well.)
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To: CedarDave

One has to wonder why he lost the original court case. My guess is he didn’t even contest it, and only learned later that the definition of “alcoholic beverage” in New Mexico is a drink with more than 1/2% alcohol.

So instead of a simple court case, he needs to get a conviction overturned on appeal. That requires more than just “hey I screwed up and missed something in my case”. He tried a writ of fact, but NM doesn’t allow such writs for appeals, if I had to guess because facts are brought up in the trial. Maybe he could appeal based on bad representation, but if he represented himself he was probably warned about that, and the law doesn’t like to give people do-overs just because they were incompetent.

This is speculation on my part because I can’t find details about the original case.


25 posted on 06/27/2013 1:49:23 PM PDT by CharlesWayneCT
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To: CedarDave

Does NM charge you for open containers of root beer too?


26 posted on 06/27/2013 1:54:40 PM PDT by Figment
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To: oh8eleven

i drink it when i go out if i’m driving. people call it non-alcoholic BEER but technically, and i believe legally, it cannot be called BEER so the label says BREW.


27 posted on 06/27/2013 1:55:10 PM PDT by bravo whiskey (We should not fear our government. Our government shoud fear us.)
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To: discostu

In states like WA and CA, it’s considered an alcoholic beverage in terms of sales (can’t go through self checkout at the supermarket without a store employee verifying that buyer is of legal age).


28 posted on 06/27/2013 1:58:54 PM PDT by Cementjungle
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To: CedarDave

Bread probably has more alcohol in it.

Stupid dude, stupid Judge

TT


29 posted on 06/27/2013 2:00:42 PM PDT by TexasTransplant (Idiocracy used to just be a Movie... Live every day as your last...one day you will be right)
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To: CharlesWayneCT

“One has to wonder why he lost the original court case”

One has to wonder why an effing cop made this a case in the first place.And to top it off, some prosecutor takes it to court. There is a lot wrong with this whole picture


30 posted on 06/27/2013 2:03:23 PM PDT by Figment
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To: CharlesWayneCT

5 Years? Get real. There is NO CASE.


31 posted on 06/27/2013 2:07:24 PM PDT by Ray76 (Do you reject Obama? And all his works? And all his empty promises?)
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To: discostu

By this arguement then kids can’t by listerine either...don’t think that’s the case.


32 posted on 06/27/2013 2:08:43 PM PDT by reed13k (For evil to triumph it is only necessary for good men to do nothing.)
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To: discostu
Can you sell it to 16 year old? If not, it’s alcoholic, and he broke the law.

Stupid post of the day.

33 posted on 06/27/2013 2:12:54 PM PDT by elkfersupper ( Member of the Original Defiant Class)
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To: reed13k

Wrong. You’re applying it the wrong way.

It’s a simple question of does the local government consider something alcohol. If you’re carded to buy it they do, subsequently no open container; if they don’t then you’re clear. And again, if you’re chugging listerine while driving you’ve got much bigger issues than the law.


34 posted on 06/27/2013 2:13:58 PM PDT by discostu (Go do the voodoo that you do so well.)
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To: elkfersupper

Oh you’re so cute when all you’ve got is insults.

Meanwhile out here in the land of people that bother to think we’ve already established that in some states Odouls is carded and in some states it isn’t. Thus showing that my post is right on the money. But I know you won’t reply to that with anything but more insults.


35 posted on 06/27/2013 2:15:37 PM PDT by discostu (Go do the voodoo that you do so well.)
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To: Figment
Does NM charge you for open containers of root beer too?

NM is a training ground for LEO's to "f" with you.

36 posted on 06/27/2013 2:16:11 PM PDT by elkfersupper ( Member of the Original Defiant Class)
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To: discostu
Oh you’re so cute when all you’ve got is insults.

I haven't been called "cute" since 1959.

What is your sexual preference?

37 posted on 06/27/2013 2:19:24 PM PDT by elkfersupper ( Member of the Original Defiant Class)
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To: elkfersupper

Oh look, just what I predicted. More insults. Yup, no logic or thought from you, thanks for playing, further replies will be completely ignored.


38 posted on 06/27/2013 2:21:29 PM PDT by discostu (Go do the voodoo that you do so well.)
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To: discostu

You can buy it on Sunday before 12:00, too.

Sorry, you’re just wrong all over. It’s not even “beer.”

It’s a “non-alcoholic malt beverage.”


39 posted on 06/27/2013 2:32:28 PM PDT by TheThirdRuffian (RINOS like Romney, McCain, Dole are sure losers. No more!)
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To: TheThirdRuffian
Sorry, you’re just wrong all over. It’s not even “beer.”

Neither is Budweiser.

40 posted on 06/27/2013 2:33:01 PM PDT by dfwgator
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