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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: jude24
"A brief, 1-minute stop on the highway is martial law? You have no idea what martial law is, do you?"

Yes, and I'd like to keep it that way. I would be willing to bet that every day, hundreds of thousands if not millions of people in this country drive while legally intoxicated. A very small percentage of those result in an accident, and an even smaller percentage result in injury or death. The per mile rate of accidents is still far higher than for sober drivers and that's why it's illegal. But it's not a good enough reason to continue the erosion our personal freedom.
161 posted on 12/11/2005 6:13:40 PM PST by beef (Who Killed Kennewick Man?)
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To: elkfersupper
"East Germans found them intrusive."

The legal limit in the former German Democratic Republic was 0.00. MADD wants us to follow in their footsteps.
162 posted on 12/11/2005 6:24:07 PM PST by beef (Who Killed Kennewick Man?)
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To: Hildy

Sorry, my mistake.

Your "pain & misery" statement, coupled with others on this thread supporting unconstitutional violations of presumptive innocence and unlawful search as done by roadside checkpoints, made me think you were just another fascist MADD prohibitionist moonbat - lusting for the governmental power to regulate other's lives and punishing people for "crimes" where no harm is done.

Again, sorry for my presumption.


163 posted on 12/11/2005 6:29:21 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: elkfersupper

They are trying to intimidate the judges, and what they might end up doing is giving a defendant an appellate issue.


164 posted on 12/11/2005 6:30:08 PM PST by 1L
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To: clee1

No problem...


165 posted on 12/11/2005 6:34:32 PM PST by Hildy (Keyboard warrior princess - typing away for truth, justice and the American way!)
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To: Dittohead68

Checkpoints are 'legal' here in Missouri, but I believe the jurisdiction must publish that they will be conducting one. I'm not sure if they have to publish the time and place, but rather a general area and time. I've seen a few times checkpoint notifications in the 'free' local newsrags but they are so general that you never know where and when.


166 posted on 12/11/2005 6:48:40 PM PST by SCALEMAN
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To: jude24

"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."

YOU'VE seen two of his posts...by doing what, having people walk up to you on the street and flash FR threads at you? No, obviously, YOU'VE been on the FR threads too--but HE'S the abnormal one, of course. I'm sure that your insulting comment there will get all sorts of folks to think your way.


167 posted on 12/11/2005 8:23:16 PM PST by LibertarianInExile (Cowards cut and run. Marines never do. Murtha can ESAD, that cowardly, no-longer-a-Marine, traitor.)
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To: Hildy

"But it's not ok to prohibit a drunk driver from maybe killing someone, such as you or me?"

'MAYBE' being the operative word there. If we are to prohibit 'MAYBE,' then Kanada's Keystone Kops should arrest you now, since you might eventually commit a hate crime. After all, you posted on a conservative bulletin board.

If MADD really wants to stop drunk driving, they ought to hand out drunk tests at bars, offering free cab rides to those who fail and calling the cops on those who try to drive away after failing. Instead, they focus on making the law define 'drunk' more and more ridiculously, so that anyone who drinks a beer will eventually be a drunk driver.


168 posted on 12/11/2005 8:35:08 PM PST by LibertarianInExile (Cowards cut and run. Marines never do. Murtha can ESAD, that cowardly, no-longer-a-Marine, traitor.)
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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.
"

We have mandatory checks in Canada every Christmas announced publicly starting Dec 1 and the Cops still catch people.

As long as you have booze and cars you're going to have drunk drivers.

My dad was one and ended up being kicked out of the army because he never got the message.


169 posted on 12/11/2005 8:44:11 PM PST by beaver fever
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To: elkfersupper
Wouldn't Mama be proud of her scummy ideological offspring that comprise the membership of MADD?


170 posted on 12/11/2005 9:24:54 PM PST by A Jovial Cad ("If you kill enough of them, they stop fighting." -General Curtis LeMay)
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To: Darnright
In Virginia, if a person is sitting in his car, with the engine running, even if he is in the passenger seat, he can be charged with DUI. So, some poor person drinks at a party, and passes out in the car. The driver gets to the destination, gets out, but leaves the car running so the heater can stay on. The passenger could be hauled off to jail, even if the car is sitting in front of his house.

I wonder what the rule would be if someone had a remote-keyless-entry fob which was used to start the engine, but the key required to actually drive the vehicle was locked in the trunk?

171 posted on 12/11/2005 9:30:03 PM PST by supercat (Sony delinda est.)
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To: jude24
Drunk driving doesn't kill people.

Drunk crashing kills people.

I believe in a strong crackdown on crashing!

172 posted on 12/11/2005 9:34:16 PM PST by Cogadh na Sith
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To: jude24
They get tossed around in the passenger compartment a little, but no broken arms or legs.

Then drivers should drink for their own good! A few shots of vodka is better than an airbag.

Make sure the kids in the car are good and liquored up so they don't get hurt when mommy crashes talking on the cell phone...

If it saves one child! I'll drink to that....

173 posted on 12/11/2005 9:37:14 PM PST by Cogadh na Sith
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To: oceanview
OK, so let's outlaw the TSA and just let everybody walk onto the planes with whatever they want.

Well first, control our Borders and enforce our Immigration Law's, deport those elements that we all know are here to cause us harm, do a little profiling, you know, some of those Constitutionally mandated requirements of the Federal Goober's, and things like the UnPatriot Act and the TSA Thug's suddenly become less appealing and certainly less necessary, don't they? Of course, all I asked for was the wording in the Constitution that gives the fed goons the "Right" to do what they do in the Airports, and it isn't there, but that shouldn't put you in a snit, should it? As far as "outlawing the TSA", it gets my vote. Blackbird.

174 posted on 12/12/2005 2:44:14 AM PST by BlackbirdSST
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To: lawdude

A lot of people are unaware that the term 'alcohol related' is broad enough to include me being the designated driver driving you home after you had one beer and being broadsided by a non drinker. Because you had alcohol, it's 'alcohol related' even though you weren't driving.


175 posted on 12/12/2005 3:58:05 PM PST by Badray (Protection for all. Favor for none.)
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To: lawdude

Bravery?

I'm not sure that I understand your point.


176 posted on 12/12/2005 3:58:51 PM PST by Badray (Protection for all. Favor for none.)
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To: Badray

"I'm not sure that I understand your point."

The consumption of alcohol tends to reduce inhibitions thereby making one more brave. The person is more likely to take chances she/he normally wouldn't.

In my experience, people under 0.12 rarely 'cause' accidents, rather they come in under the alcohol related umbrella.


177 posted on 12/12/2005 4:04:55 PM PST by lawdude (LIEberals/socialists make up facts and history as they go!)
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To: jude24

Necessity is always the cry of the tyrant.

Banks are robbed by people with guns. Do you want to take my gun so that I don't rob a bank?

People are beaten with baseball bats, stabbed with knives. Do we confiscate them?

Sober people have car accidents and people die. Perhaps we need to just ban driving altogether.


178 posted on 12/12/2005 4:07:16 PM PST by Badray (Protection for all. Favor for none.)
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To: Hildy

Checkpoints find about 2 people for every 100 drivers stopped but they miss many drunks that could have been caught by roving patrols.

They are ineffectual as well as violative of the Constitution.


179 posted on 12/12/2005 4:10:16 PM PST by Badray (Protection for all. Favor for none.)
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To: Hildy

Suzanna Gratia Hupp's parents were gunned down in Luby's Restaurant in Texas.

Carolyn McCarthy's husband was murdered on the Long Island Rail Road and her son was gravely wounded.

Same problem, different solutions.

Hupp's solution was to be sure that the citizens could be armed in order to protect themselves, while McCarthy want's to ban guns which will ensure more victims and violates our right to keep and bear arms.

My point is that we see the same problem that you do, but do not see your 'solution' as effective or proper in a free society.

BTW, did you know that more people are killed by sober drivers than by drunk ones?


180 posted on 12/12/2005 4:19:14 PM PST by Badray (Protection for all. Favor for none.)
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