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

Um-kay.

Fanatics.

1 posted on 12/11/2005 2:30:56 PM PST by elkfersupper
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To: CSM; JTN; VRing; inneroutlaw

Ping.


2 posted on 12/11/2005 2:32:04 PM PST by elkfersupper
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To: elkfersupper
They're fanatics because they want to show people the results of drunk drivers?

What is it with your obssession with DWI? Been arrested a few too many times on it?

3 posted on 12/11/2005 2:32:32 PM PST by jude24 ("Thy law is written on the hearts of men, which iniquity itself effaces not." - St. Augustine)
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To: jude24

Twice for me. Thank God I never killed anyone before I wised up.


4 posted on 12/11/2005 2:34:56 PM PST by cripplecreek (Never a minigun handy when you need one.)
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To: jude24
What is it with your obssession with DWI? Been arrested a few too many times on it?

Never been arrested, don't drink, but I get "checkpointed" on a regular basis, and am sick of it.

The other part is that I am one of many who believe that MADD has done more damage to this country and our Constitution than any terrorist attack or combination of attacks ever could.

5 posted on 12/11/2005 2:35:27 PM PST by elkfersupper
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To: jude24

Lobbying jurors is against the law, too, I believe.


6 posted on 12/11/2005 2:35:43 PM PST by mysterio
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To: elkfersupper
I lost respect for MADD when they remained silent during the Rodney King incident.
7 posted on 12/11/2005 2:36:50 PM PST by Churchillspirit (Anaheim Angels - 2002 World Series Champions)
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To: mysterio
Lobbying jurors is against the law, too, I believe.

Specifically lobbying juries is probably illegal, but it is not illegal to set up shop near the courthouse and catch any and all whom come by. How many protests take place near the courthouse?

8 posted on 12/11/2005 2:37:28 PM PST by jude24 ("Thy law is written on the hearts of men, which iniquity itself effaces not." - St. Augustine)
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To: jude24
MADD uses dishonest methods to collect their drunk driving statistics (e.g. Recording a drunk bicycle rider crashing into a parked car as a "Alcohol-induced motor vehicle accident") and has pushed for such tough DWI statutes that the punishment now outweighs the crime.

And before you ask, no, I've never gotten a DWI and neither has anyone close to me.

9 posted on 12/11/2005 2:37:34 PM PST by Zeroisanumber
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To: elkfersupper

Right! They weren't at the courthouse to influence juries; it was just a coincidence! What a bunch of screwballs.


10 posted on 12/11/2005 2:37:58 PM PST by JTN ("We must win the War on Drugs by 2003." - Dennis Hastert, Feb. 25 1999)
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To: mysterio

>>>"Lobbying jurors is against the law, too, I believe"<<<

Yes but if it "SAVES ONE LIFE!" sarcasm/off


11 posted on 12/11/2005 2:39:16 PM PST by TexasTransplant (NEMO ME IMPUNE LACESSET)
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To: elkfersupper
Fanatics.

It's spelled Fascists.

12 posted on 12/11/2005 2:39:31 PM PST by ElkGroveDan (California bashers will be called out)
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To: jude24
I do not drink, and I have never been arrested for anything, including DWI. That said, I think MADD is the WCTU in disguise. Just because there are drunk drivers does not mean that martial law should be declared. We are already well past the point where I worry more about the government than I do about drunks.
13 posted on 12/11/2005 2:41:43 PM PST by beef (Who Killed Kennewick Man?)
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To: ElkGroveDan
It's spelled Fascists.

Copy that. Highly succesful ones also.

14 posted on 12/11/2005 2:41:53 PM PST by elkfersupper
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To: elkfersupper

They're no different than the Sarah Brady gun grabber types.


15 posted on 12/11/2005 2:43:15 PM PST by ElkGroveDan (California bashers will be called out)
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To: elkfersupper
The other part is that I am one of many who believe that MADD has done more damage to this country and our Constitution than any terrorist attack or combination of attacks ever could.

This frantic rhetoric tells me all I need to know - you're either a ideological fanatic, or you actually do drink and drive, but are just smart enough not to admit it on the internet. But your obssession with DWI - this being the second post by you about DWI's, and I haven't been stalking you - is clearly abnormal.

Spend some time looking at the damage done by DWI, and you'll see the compelling need for harsh DWI penalties. I've seen enough of the damage to know that it is a crime that needs to be taken more seriously. It maims the innocent, leaving the guilty unharmed.

As regards the checkpoints, they are only a minimal intrusion to the privacy rights of the innocent. You're stopped for maybe a minute. Only those who have something to hide have anything to fear from them. The average person, innocent of any wrongdoing, would consider being stopped at a checkpoint to be at most a minor inconvenience. Weighed against the compelling government interest in maintaining highway safety, DWI checkpoints are well-justified to all but the ideologues.

16 posted on 12/11/2005 2:43:53 PM PST by jude24 ("Thy law is written on the hearts of men, which iniquity itself effaces not." - St. Augustine)
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To: beef
Just because there are drunk drivers does not mean that martial law should be declared.

A brief, 1-minute stop on the highway is martial law? You have no idea what martial law is, do you?

17 posted on 12/11/2005 2:45:40 PM PST by jude24 ("Thy law is written on the hearts of men, which iniquity itself effaces not." - St. Augustine)
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To: elkfersupper

Used to drink heavily and drove when I probably should not have but thank God, I never hurt anyone or myself though I did crumple a fender one. (Just for full disclosure.)

I agree with you on the checkpoints. It's a huge expenditure of money and manpower that could be put to much better use without violating the Constitution. And .08 is simply ridiculous. The problem area is at about twice that level.

They took a good idea that promoted awareness and now just use it as a revenue generator without regard to the financial devastation to an individual who did no harm.

Truly drunk drivers should be pulled over and ticketed and the fines should be severe. Checkpoints net approximately 2 or 3 people drinkers out of every 100 vehicles stopped. Not only is that unacceptable, but roving patrols catch more drunk drivers than checkpoints.


18 posted on 12/11/2005 2:49:11 PM PST by Badray (Protection for all. Favor for none.)
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To: elkfersupper

"Fanatics."

I have dealt with MADD and find them to be only slightly more radical than PETA, ELF, etc.

Unbending ... "Well, you didn't have a daughter murdered by a drunk!" Nor did she, her daughter was driving 90MPH+ and ran a light. She broadsided a guy who was headed home after having a beer. His BAC was under legal limit. You do understand that the DUI stats include even not-at-fault drivers who have been drinking.

Radical NUTS.

Another told me that anyone who drinks should be put to death.

The founder of MADD was later stopped and charged with DUI.


19 posted on 12/11/2005 2:49:21 PM PST by lawdude (LIEberals/socialists make up facts and history as they go!)
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To: Badray

"I agree with you on the checkpoints. It's a huge expenditure of money and manpower that could be put to much better use without violating the Constitution. And .08 is simply ridiculous. The problem area is at about twice that level. "

Correct. Bravery usually doesn't occur until about 0.12 BAC!


20 posted on 12/11/2005 2:51:17 PM PST by lawdude (LIEberals/socialists make up facts and history as they go!)
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