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Comment Re:Shocking! (Score 1) 562

I hope that we can agree that your assertion is that an approved chemical test is required for a "drunk driving" conviction.

That was the example I gave, so yes we can agree that "Drunk Driving" can not be convicted based on a cop claiming "he smelled like alcohol.

You then pull a sentence out as stand alone so it loses context, which was given to match the above which you seem to agree with. Is English your 2nd language and you don't understand how a paragraph is supposed to work?

No, English is my first (and essentially only) language. How 'bout yourself? The reason I ask is that because while I posited that you asserted that a test was necessary for a conviction, you replied by claiming that my posit was equivalent to me agreeing with your assertion. This is hardly the case.

Once again, "drunk driving" is not a legal charge in CA.

Are you to claim that you can not be charged for DUI in CA? Once again, you don't seem to be pedantic since you don't mention DUI.

Again, is English a second language? I'm puzzled by your use of "pedantic", both here and earlier. In any case, I pointed out earlier (in that "snipped as not relevant") section that there was indeed a DUI (of anything) law, that there was a per se law, but that there was NOT a "drunk driving" law. I also asked you how you defined "drunk driving", add - more specifically - what laws applied.

You further don't mention "influence" so the same statement applies. Read the text of the laws and they do exist defining the limits of impaired vs. drunk driving. http://www.california-drunkdriving.org/laws.html states very clearly the summaries.

A useful site; that was where I copied the "not relevant" cites from. In fact, I delved quite deeply there, but did not see any references to "limits of impaired vs. drunk driving." Perhaps you could provide a link?

No, I don't feel it pertinent to a Slashdot discussion to point out exact verbiage and numbers of Laws, but rather use common names which everyone can associate with.

That's basically what I thought (using common names), but your assertion was that a drunk driving (DUI) conviction required a chemical test, vs. other evidence. And that is where I disagree.

No, I won't site an easy to Google example of motorists arrested and ticketed for careless or impaired driving where no alcohol was involved.

I'm not sure where that came from, or what you mean by it. Perhaps I'm dense.

Comment Re:Shocking! (Score 1) 562

Yes, you did say "drunk driving" - which, as far as I know, is not an actual offence. According to the vehicle code: *snipped as not relevant*

The only way to prove "Drunk Driving" is with a method of measuring the alcohol level in blood (either breathalyzer or blood test, but you never mentioned a blood test and they are a bit rare in the US [compared to Germany] so you are not being simply pedantic).

Or a urine test, at least in California. I hope that we can agree that your assertion is that an approved chemical test is required for a "drunk driving" conviction.

This charge can not stand with only a cop saying "they smelled like booze", and would not stand even with video of erratic driving.

That is conjecture on your part.

If I had given a generalization, I could see the confusion. I gave a very specific example to show that "cop smelling alcohol" is not relevant to "legality" in any law.

You keep trying to blur the line between impaired and drunk driving, when there is a very clear legal definition.

Please point me to the definition. I cited two laws; you called them irrelevant.

Yes, a breathalyzer (or blood test as mentioned above) _is_ required for "drunk driving" charges.

Once again, "drunk driving" is not a legal charge in CA.

Video of a weaving driver, witnesses claiming erratic behavior, etc.. could be used as evidence with the cop "smelling alcohol" as impaired or careless driving. There is a difference between Impaired/Careless and Drunk, despite your repeated attempts to claim that they are the same thing.

If there is such a difference, please point me to the relevant laws. As I cited, you can be guilty of driving under the influence [of alcohol or drugs], you can be guilty of having a blood alcohol level of over .08%, or both. Video of a weaving driver, etc., would certainly be compelling evidence of being under the influence. A chemical test would be required for the .08% case. Are you asserting that DUI is not "drunk driving?"

Comment Re:Shocking! (Score 1) 562

Yes, you did say "drunk driving" - which, as far as I know, is not an actual offence. According to the vehicle code:

23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.
23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.

So: what do you mean by "drunk driving?" I assumed (my fault, I know) that you were referring to a situation where a person's driving was affected by his drinking - section (a) above. In which case, no Breathalyzer is required. Section (b) obviously requires some form of testing ('tho not necessarily a Breathalyzer), but there is no requirement that you be "drunk" - only that your alcohol level be above some arbitrary point.

The point I was making is that a Breathalyzer is NOT a requirement (as you asserted) for what is commonly referred to as a "drunk driving" conviction. Nor did I did suggest that alcohol on the breath (alone) was sufficient for such a conviction.

Comment Re:Shocking! (Score 1) 562

[...] to which I'll say it takes a breathalyzer to show drunk driving and not simply an odor.

I don't know where you live, but [at least] in California, there is no Breathalyzer required. The law says that you can't drive while impaired, and the officer's testimony can be sufficient to convict. "Can be", as in he does have to convince the judge or jury. If he testifies that you were weaving about, had bloodshot eyes, the smell of alcohol on your breath, couldn't touch your nose, etc., it is likely that you'll go down. The Breathalyzer simply makes it easier to convict: by law, a blood alcohol level of over 0.08% is a presumption of guilt; no further proof is required.

And if your level is below 0.08%, you're still not off the hook. Once again, it comes down to whether or not you're impaired - regardless of your blood alky level. Which sorta brings us to . . .

A tablespoon of Robitussin contains alcohol, so should a person with a head cold be jailed for driving?

If that person is taking enough cold medicine to affect his driving, then yes - he can be jailed. The law doesn't care if it's alcohol, OTC medications, or prescription drugs. If it impairs your driving, you're guilty.

Comment Re:How? (Score 1) 414

No, it's relevant because - as the cited site points out - legally owned, full autos have distinctly not been a factor in crimes. But making such absurd claims (that there have been only two homicides by autos in almost 80 years) leads to reasonable questioning of the credibility of valid pro-gun arguments. It is not unlike Chicken Little claiming that the sky is falling. Stick to the facts, and you're safe. Get caught with spouting mistruths, and your legitimate arguments will be ignored.

[BTW - I'm a 1911 owner (Colt's Combat Commander, Mk. II Series 80, SS), and a life long 2nd Amendment supporter - which, IMHO, includes the right to own assault weapons.]

Comment Re:How? (Score 1) 414

Or, conversely, are you surprised to hear that AK47s are already illegal in practice, and that fully automatic weapons have been used in only two, yes TWO homicides since 1934? (Bonus: one of them featured a cop as the murderer. Are we going to keep machine guns out of cops' hands too?)

According to http://www.guncite.com/gun_control_gcfullau.html, there have been (at least) two homicides involving legally owned machine guns (including the cop who was the killer).

But that doesn't count the illegal guns: four police officers were killed by full autos between '83 and '92, as well as "less than 1%" of Miami's homicide victims in 1980.

[Their numbers were sourced from Gary Kleck's seminal work, "Targeting Guns: Firearms and Their Control."]

Comment Re:$80k car, $10 cutoff switch? (Score 1) 239

I'm not sure that I understand your reference to covers - I'm referring to a design wherein the entire, twin bulb headlamp rotated. That is, the headlamps pointed down when closed. But my point here and in another comment was that the Merc was distinctly more pedestrian friendly when closed. Again, this car had its headlamps forming part of the grill, not popping up like on a Mazda RX-7.

Comment Re:No, the worst part was joining in the attack (Score 1) 562

A quick google would suggest it's possible (but not guaranteed)

Hence, my "in general" qualifier. Of more interest is how the nolo.com info applies here. From your link:

"Certain debts are usually automatically nondischargeable, including the following:
          - student loans
          - child support or spousal support obligations
          - debts owed to government entities (fines, taxes, court costs, restitution in criminal cases, etc.)
[etc]."

This certainly covers the fine (as I mentioned). The reference to restitution here is a little muddy, as the restitution is owed to the injured party, not to the government. I suspect that they meant restitution ordered by the court, regardless of who it is owed to. That would concur with the quick Googling I did before I posted.

But notwithstanding the above, they go on to say:

"If the judgment creditor files an objection to your discharge and proves the underlying debt to be any of the following types, it may not be dischargeable:
          - injury caused by a willful or malicious act, such as assault
[etc.]"

The DDOS attack is clearly both willful AND malicious, suggesting that the restitution would stand.

IOW, the nolo.com article supports my initial comment - thanks for the cite!

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