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Old 10-07-2010, 06:38 PM
 
Location: Jonquil City (aka Smyrna) Georgia- by Atlanta
16,259 posts, read 24,763,471 times
Reputation: 3587

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You can now legally drive drunk in one state when it is deemed a "necessity" to do so. So let's say you go to the local dance club and you get way too much to drink. So at closing time, you decide rather than drive, you will just sleep it off in your car until morning. Lots of people do this and I have done it myself in days gone by. Then, let's say a security guard for the parking lot comes along and says "move it out buddy" which then creates a "necessity" to drive the car drunk. You can use that as a defense.
Court: DUI defendant can use 'necessity' as a defense - Thursday, Oct. 7, 2010 | 3:23 p.m. - Las Vegas Sun
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Old 10-07-2010, 07:39 PM
 
Location: Columbus
4,877 posts, read 4,507,748 times
Reputation: 1450
Quote:
Originally Posted by KevK View Post
You can now legally drive drunk in one state when it is deemed a "necessity" to do so. So let's say you go to the local dance club and you get way too much to drink. So at closing time, you decide rather than drive, you will just sleep it off in your car until morning. Lots of people do this and I have done it myself in days gone by. Then, let's say a security guard for the parking lot comes along and says "move it out buddy" which then creates a "necessity" to drive the car drunk. You can use that as a defense.
Court: DUI defendant can use 'necessity' as a defense - Thursday, Oct. 7, 2010 | 3:23 p.m. - Las Vegas Sun
We should privatize all roads. That would solve the drunk driving issue.
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Old 10-07-2010, 07:45 PM
 
Location: Sango, TN
24,868 posts, read 24,388,397 times
Reputation: 8672
How is that a necessity? My idea of a necessity is you're at the bar, and someone slips and falls. You're the only other person there, so you have to drive them to the hospital because there is no phone.

However unreal that situation is, that to me would constitute necessity.
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Old 10-07-2010, 07:46 PM
 
48,502 posts, read 96,856,573 times
Reputation: 18304
That deosn;t change the law tho and you stil have to use it in court and convince another judge or jury.Likely anther court will rule that a taxi is i order a after the police are called IMO.
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Old 10-07-2010, 07:51 PM
 
Location: Texas
14,076 posts, read 20,530,289 times
Reputation: 7807
There should be some defenses available because the drunk driving campaign has forgotten the difference between those who have had a couple of drinks and those who are impaired. They're not always the same thing, but the law doesn't care.

But, that's because the issue isn't safety...it's money and the more they can nab, the more money they can bring in and the more they can lower the limit, the more they can nab.
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Old 10-07-2010, 07:52 PM
 
Location: Florida
33,571 posts, read 18,161,091 times
Reputation: 15546
How about the defense the GPS told me to drive home.
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Old 10-07-2010, 07:53 PM
 
Location: deafened by howls of 'racism!!!'
52,698 posts, read 34,555,075 times
Reputation: 29286
Real necessicity would be more like-someone's having a heart attack, no one has a cell phone and/or there's no reception (hey, it could happen), and you're the least drunk person with a vehicle.
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Old 10-07-2010, 07:57 PM
 
48,502 posts, read 96,856,573 times
Reputation: 18304
I certainly would want to be the security guard;the company he works for when one drives off and kills someone. The person has the right to take a alcohol test by breathe and /or blood to prove he isn't legally too drunk to drive.Its really a case of drunk drivers killing more than the wars really.I say guarnateed jail time first offense to save lives and stop the playigng around with drunk killers.
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Old 10-07-2010, 08:02 PM
 
25,021 posts, read 27,933,813 times
Reputation: 11790
There's an easy solution to this. Don't drink
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Old 10-07-2010, 08:17 PM
 
Location: Miami
242 posts, read 315,546 times
Reputation: 147
Drunk drivers should be permanently banned from driving. Drunk drivers who kill should be put to death via firing squad.

Too much of that BS goes on in my neck of the woods and it's sickening.
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