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MADD display spurs quiz of jurors in DUI cases
Arizona Daily Star ^ | 12/7/05 | Kim Smith

Posted on 12/11/2005 2:30:55 PM PST by elkfersupper

An annual campaign presented by Mothers Against Drunk Driving caused some concern within Pima County's Justice and Superior courts Tuesday.

MADD members spent the day next to the courthouses handing out ribbons as part of their Tie One on for Safety campaign, which aims to get people to use designated drivers during the holiday season.

At least two judges, Justice of the Peace Jack Peyton and Superior Court Judge Ted Borek, were presiding over driving-under-the-influence trials Tuesday and were forced to question jurors to see if they were tainted by the display. The jurors were asked if they saw the display, which included a crushed car and photos of DUI victims, if they spoke with anyone about it, and if they were swayed in any way.

The trials continued uninterrupted after only a handful of the jurors said they saw the car but weren't influenced by it.

Defense attorney James Nesci said the display was a "blatant attempt" to influence the judicial system, noting MADD could have held the event anywhere, anytime. "They have a First Amendment right to protest, but that right ends where the defendant's Sixth Amendment right to a fair trial begins," Nesci said.

Theresa Babich, a victim advocate with MADD, said Presidio Park was chosen because of its heavy foot traffic, not because jurors were around.

"We weren't out soliciting anyone specifically," Babich said.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; US: Arizona
KEYWORDS: alcohol; dui; dwi; madd; neoprohibition
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To: csvset
Where do you live?

Edgewood / Tijeras area, just East of Albuquerque in central NM. Tijeras canyon is a chokepoint.

I also drive on business throughout central and eastern NM, and West Texas.

I was in fact "checkpointed" again Friday, 12/16/05. This one was my 20th-something

If you're on pavement in NM, you're going to find a checkpoint.

Sometimes, you don't even have to be on pavement, because we have numerous dirt or gravel state highways.

321 posted on 12/17/2005 9:59:01 AM PST by elkfersupper
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To: Clemenza
I prefer DAMM: Drunks Against Mad Mothers.

I prefer DAMM: DRIVERS Against Mad Mothers.

322 posted on 12/17/2005 10:02:29 AM PST by elkfersupper
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To: clee1
When I took the job, I told the chief that I wouldn't take part in any strictly for-revenue-generation activities, nor would I participate in any type of heavy-handed, "I AM the law" type of enforcement.

Hats off to you!

Just curious, how many younger officers in your department or that you are otherwise aware of share that sentiment?

323 posted on 12/17/2005 10:05:40 AM PST by elkfersupper
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To: Chaguito
The phrase that distinguishes a free people from an oppressed people is "Your papers please."

Winston, is that you?

"One of the most important signs of the existence of a democracy is that when there is a knock at the door at 5 in the morning, one is completely certain that it is the milkman."-Winston Churchill

324 posted on 12/17/2005 10:12:40 AM PST by elkfersupper
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To: Semper Paratus
just say you're a member of MADD.

I'm not sure that will work anymore, since MADD seems to have total control over police, prosecutors, the judiciary, and legislators.

I generally get dismissed when I disclose that I will not vote to convict if the case involves roadblocks, undercover or ninja-suited police, or no-knock searches / late night forced entries.

325 posted on 12/17/2005 10:24:23 AM PST by elkfersupper
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To: jaguaretype
How is this the problem?

Just a few things formerly known as "due process" and "presumption of innocence".

BTW, the erosion continues. From yesterday's Albuquerque Tribune:

"On Thursday, the New Mexico Supreme Court changed a Metro Court rule that had been cited as a major loophole in DWI cases.

Under previous rules, judges dismissed some cases if defense lawyers had not been able to interview witnesses before the trial."

Rule change may close DWI loophole at Metro

326 posted on 12/17/2005 10:31:28 AM PST by elkfersupper
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To: JTN
Driving is a Right - Not a Privilege

Thank you for posting that.

327 posted on 12/17/2005 10:33:17 AM PST by elkfersupper
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To: Liberal Classic

Repeat this often.


328 posted on 12/17/2005 10:35:21 AM PST by elkfersupper
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To: elkfersupper
I really feel for you being in occupied aztalan. NMSP is famous for their papers please checkpoints and woe be it to you if you don't snap out answers to their checkpoint interrogations. One night I was a little tired and I answered "New Mexico" to the where are you coming from and "Home" to where are you going to question. I was asked to exit my vehicle and if I would mind if they searched my vehicle. I said Yes I would mind as my shift starts in 4 hours and I really needed to be going and that in my opinion they had no PC or RS to detain me further. At that point I produced my department ID (CO County Sheriff) and was told "Whose side are you on anyway? You can go now" I do believe if I had not been a sworn officer at the time I would have ended up in some cell where a circuit judge only makes the rounds every few weeks for some disorderly conduct or other catch all charge, later to be dismised but you get to sit in jail for a week to learn your lesson for "mouthing off"
329 posted on 12/17/2005 2:46:10 PM PST by vrwc0915
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To: vrwc0915
On behalf of the entire State of NM, I apologize.

It is unfortunate that we have to endure this level of surveilance.

330 posted on 12/17/2005 3:00:54 PM PST by elkfersupper
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To: elkfersupper
No apology needed from you, A few miles to the north you have some of the most independent liberty minded folks (ranchers and rural Colorado folk) that would not stand for this type of gestapo tactics. I often wondered why these acts are allowed to go on

All this gestapo yet NM still has per capita the highest DUI fatality rate

331 posted on 12/17/2005 3:19:01 PM PST by vrwc0915
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To: vrwc0915
All this gestapo yet NM still has per capita the highest DUI fatality rate

And one of the lowest per million vehicle miles driven.

But you see, MADD decides which permutation of the statistics to cite which makes every State the "worst" state in some category.

For years, Rhode Island was the "worst" State per million vehicle miles driven, but low in per capita.

The reason? High population density, not many miles of highway.

In my mind, it is all an exercise to accustom people to surrendering to authority every few miles, or whenever and wherever the authority decides.....then there's the revenue.

332 posted on 12/17/2005 3:39:07 PM PST by elkfersupper
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To: elkfersupper

Well, it is a tiny department, for a very small town. There is the Chief, a man in his sixties; there is a fulltime officer and his K9; the human is 23 years old and his dog is three.... and there is myself ("reserve", i.e. "parttime"); getting awfully close to 40. We just hired another fulltime officer - a lady in her late 20's to handle juvenile and "women's" enforcement issues.

The chief is an old-school, small-town, good-ole-boy type of cop; does that tell you anything? In any case, our mayor is a youngish man, about 35, and he has severely reined-in the chief. The K9 handler and myself see things pretty much eye-to-eye, but he will (and does) write a traffic ticket at the drop of a hat. The "new" officer is a former social worker, and may weigh 120 pounds soaking wet. I don't know how she got through the academy (and rumor has it she barely did), but she IS a relative of a city councilman - which explains her presence on the payroll.

The county, on the other hand, has a stock of GREAT young officers! Our area is relatively peaceful and quiet, so the LEOs here have not developed that us-against-them mentality that seems to plague the larger departments.

Unfortunately, these days, Law Enforcement is attracting young kids still wet behind the ears; those with an inflated notion of their own importance, have a chip on their shoulder, or want to be J-Billy-Badass. Sad.


333 posted on 12/17/2005 4:27:56 PM PST by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: clee1
Sounds like a great place to live.

Nice to know there are still places like that in CONUS. I have been well on my way to thinking that I might have to spend my golden years in Panama or Costa Rica. At least they're honest about being a police state.

334 posted on 12/17/2005 4:45:38 PM PST by elkfersupper
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To: elkfersupper

I invite you to NW Georgia: as long as you don't have small children that you HAVE to put in the publik skrewls, it is a wonderful place to live.

Low tax rates, friendly people that mind their own business, politicians no more crooked than average, and one of the best "sportsman friendly" states in the Nation.


335 posted on 12/17/2005 6:57:06 PM PST by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: Hildy
A drunk driver ran into me when I was 19 years old, I was in a full body cast for months....my friend, in the passenger seat, broke her neck. How I wish there were checkpoint in those days.

A drunk 17 year old hispanic male (with 3 friends in his car) ran a stop sign westbound on East Moss (Chula Vista) and Melrose Ave. My wife was northbound on Melrose. The impact shoved my wife's car a full lane width west and wrapped the Saturn SW2 around the front of the drunk driver's car. The accident happened 3 blocks from my dad's home where I was visiting after a night at my 30th high school reunion.

I had only 5 payments left on the SW2. It only had 35,000 miles on it. The way we drive in Idaho, that may have last us another 10 years. We were due to drive home to Idaho the next morning. My wife was Ok, but we had to strip all of our luggage and personal effects from the car. I rented a car from Enterprise to drive home to Idaho. The drunk was convicted and won't be eligible for a driver's license until he is age 30. The insurance payoff was only for "current value" of the car. We purchased an F150 4x4 that will be paid off next year. Our family ended up with years of car payments again because of the dumbass drunk.

We lost five members of my high school class before graduation day. Two, Donna Cole and Jackie Brower, were in my German class. We had been friends for almost 5 years since my return to Chula Vista. They were killed in separate accidents a couple weeks apart. Head-on collisions caused by a drunk driver in the other car in both cases.

336 posted on 12/17/2005 7:18:29 PM PST by Myrddin
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