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Re: VA Judge Refuses to Presume Guilt in DUI Cases (none / 0) (#20)
by Lora on Sat Dec 17, 2005 at 01:05:28 PM EST
(from Pigwiggle) "You can’t seriously think this is a good (or even reasonable) outcome." I do. I'm hearing a lot of rationalizations for being able to break the law and drive with a BAC of .08. As for those of you who think you have normal reflexes and judgment when driving after drinking, I have news for you. You are avoiding some basic biochemistry here. Perhaps under normal circumstances you may be right, but in an emergency situation, you will not be as quick or have as good judgment as you would otherwise. And regardless of whose fault it is, the old codger is now dead, and might be alive if you hadn't gotten behind the wheel after having a few drinks. The law should make the penalties for doing this harsh enough to deter this practice, which I suspect many of you do. If you haven't had an accident yet, you are lucky. More important, your fellow citizens on the road are lucky. As far as the kid with the positive drug test being charged with murder, I feel that is wrong. There is no basic biochemistry here (at least I don't think so) to suggest reflexes or judgment is significantly impaired two weeks after toking up.

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