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Old 02-16-2012, 09:32 PM
 
Location: Los Angeles County, CA
29,010 posts, read 10,256,573 times
Reputation: 6128

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Quote:
Originally Posted by AADAD View Post
My opinion was based upon the legal statutes being applied fairly to a man who has neither the sense nor the will to benefit from it. There are categories of crimes, and drunk driving is one, where the potential harm is so great that the law should err on the side of safety, not equity IMO.
Your opinion, such as it is, is why we are a nation of laws, not emotion. In our republic you are considered not guilty until proven guilty by a court of law, and are entitled to due process before your liberty, property, or life can be taken away. In your twisted world, it is alright to arrest innocent people - lock them up and throw away the key - without any recourse to provide a defense. If you think this is a good way to do things - North Korea or the Peoples Republic of China are places you might consider relocating to.

Last edited by Harrier; 02-16-2012 at 09:47 PM..

 
Old 02-16-2012, 09:39 PM
 
Location: San Diego, CA
1,666 posts, read 1,374,755 times
Reputation: 762
Yes, there needs to be due process. But the law says if you are accused of DUI, you lose your privilege to drive. He was aware of this. He chose to drive anyway. That's on him, not on anyone else.
 
Old 02-16-2012, 09:39 PM
 
Location: Los Angeles County, CA
29,010 posts, read 10,256,573 times
Reputation: 6128
@AADAD:

I just re-thought my statement and realized that you don't have to leave the USA.

NDAA Sections 1021 and 1022: Scary Potential – Tenth Amendment Center

Last edited by Harrier; 02-16-2012 at 09:48 PM..
 
Old 02-16-2012, 09:44 PM
 
Location: Los Angeles County, CA
29,010 posts, read 10,256,573 times
Reputation: 6128
Quote:
Originally Posted by tonyinsd View Post
Yes, there needs to be due process. But the law says if you are accused of DUI, you lose your privilege to drive. He was aware of this. He chose to drive anyway. That's on him, not on anyone else.
Absolutely. I stated in my previous post that if your license is suspended, you cannot drive. You do have the option of requesting an administrative hearing to challenge the suspension. AADAD doesn't think the hearing should be allowed. That is dangerous thinking when one advocates allowing the government to deprive one of liberty or priveleges without the opportunity to defend yourself against the states case.
 
Old 02-17-2012, 07:20 AM
 
6,945 posts, read 5,106,638 times
Reputation: 3023
Quote:
Originally Posted by Harrier View Post
Absolutely. I stated in my previous post that if your license is suspended, you cannot drive. You do have the option of requesting an administrative hearing to challenge the suspension. AADAD doesn't think the hearing should be allowed. That is dangerous thinking when one advocates allowing the government to deprive one of liberty or priveleges without the opportunity to defend yourself against the states case.
When you come down off your noble horse, sword and all, let me show you the results of drunk driving in the trauma bay. Rights must be supported by lawful procedures to remove dangerous elements. In this case the man chose to drive following his arrest detainment and potential hearing on the charge. He drove again and potentially placed hundreds of innocent people at risk. If you want him protected under the constitution so be it. I don't. The fact that you elect (which is your right again) to inflame the discussion and attempt to insult me personally indicated to me that you have more than just an opinion in this case.

I would be happy to tour you on the results of the letting drunk drivers (alleged) drive again with impunity and carelessness.

The constitution and the "nation of laws" which you state that you support never was intended to give a 2nd chance to a potential killer. The unlawful cannot exist in a society of laws and then flaunt the very laws they they cry out to for protection. Ask around. Millions of people think exactly the same way. It's not emotion....it's reason.
 
Old 02-17-2012, 07:22 AM
 
6,945 posts, read 5,106,638 times
Reputation: 3023
Quote:
Originally Posted by tonyinsd View Post
Yes, there needs to be due process. But the law says if you are accused of DUI, you lose your privilege to drive. He was aware of this. He chose to drive anyway. That's on him, not on anyone else.
Rational thinking.
 
Old 02-17-2012, 04:38 PM
 
Location: Los Angeles County, CA
29,010 posts, read 10,256,573 times
Reputation: 6128
Fortunately your horribly misguided opinion is not the law of the land. Regardless of your view that people should not be able to defend themselves against allegations make against them by the government - our law does thankfully provide for that to occur. All I did was articulate the procedure for requesting an administrative hearing regarding a suspended license. It astonishes me that you would hold an opinion that would disallow this type of hearing. Are you aware that not everyone who is arrested for drunk driving is actually guilty of that crime? Are you aware that persons have requested the hearing, successfully challenged the suspensions and were legally allowed to drive again?

Your thinking is dangerous. In the scheme of thigs the privelege of driving doesn't compare to loss of freedom(prison) or life(execution). When you say "there are categories of crime where the potential harm is so great that the law should err on the side of safety, not equity" - this opens up the door to miscarriage of justice. Murder I suppose is a crime with great potential harm. Do you believe a person charged with murder should not be entitled to a trial and should be sumarily executed following there arrest?

Not an emotional argument? Then why bring up trauma bays?

"Those who would trade essential liberty for a little security deserve neither liberty nor security". - Benjamin Franklin
 
Old 02-17-2012, 04:55 PM
 
6,945 posts, read 5,106,638 times
Reputation: 3023
If you would confine your comments to the current OP post it may be helpful for a reasonable discussion.
 
Old 02-17-2012, 04:57 PM
 
6,945 posts, read 5,106,638 times
Reputation: 3023
Quote:
Originally Posted by Harrier View Post
@AADAD:

I just re-thought my statement and realized that you don't have to leave the USA.

NDAA Sections 1021 and 1022: Scary Potential Tenth Amendment Center
you 1st.
 
Old 02-17-2012, 05:11 PM
 
Location: Los Angeles County, CA
29,010 posts, read 10,256,573 times
Reputation: 6128
My original comment WAS anout the OP post - you disagreed with it - and I felt I had to defend our system your are attacking. We are discussing an administrative hearing for a suspended license. What can be more relevant to the discussion?
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