The infection is heading north!

[JamesVincent]

I wonder how many fatalities per mile that are on other countries roads compared to our. Not just the AtuoBahn, and how much of it can be attributed to the absence of older cars not properly maintained and have no business on the road,

IIRC the AutoBahn has fewer fatal fatal accidents then our major interstates, by about half. It is built better, has better interchanges, lanes are wider and is in all a better system for moving vehicles at higher rates of speed. It is also made of concrete so has less issues in rain with hydroplaning.

[Prof]

I wonder how many fatalities per mile that are on other countries roads compared to our. Not just the AtuoBahn, and how much of it can be attributed to the absence of older cars not properly maintained and have no business on the road,

On a purely anecdotal basis, most of the fatalities here seem to occur in pretty nice automobiles driven by drunks. However, I am relying on photos in the paper and "eyewitness" TV news.

[AndyK]

The treatment of DUI or DWI cases in this country borders on the obscene.

Most European countries are MUCH less forgiving -- massive fines, jail time, and mandatory license suspension for the first offense; prison time and license revocation for additional offenses.

If the states were to institute similar policies and a good information-sharing network were to be estaablished, the number of drunk-driving accidents, injuries, and fatalities would plummet.

We need better laws, better enforcement, and better education or this problem will b e with us forever.

[The Observer]

We need better laws, better enforcement, and better education or this problem will b e with us forever.

Sort of like those drug laws that you see as being merely Puritanical and a form of religious persecution?

I'm sure that if we just loosened up on the laws governing consumption and abuse of alcohol, the problem would just go away. Right?

[AndyK]

Did I ever say that I condoned driving while under the influence of recreational drugs?

Actually, there are a number of legal, prescription drugs which impair a person's ability to drive, too. That should be prohibited -- but it would be a bitch to enforce: How do you do roadside screening? Then, follow-up blood tests would be needed, too.

No simple solutions to either of the above -- but having 'recreational' drugs illegal doesn't prevent people using them then driving, does it?

[JamesVincent]

The treatment of DUI or DWI cases in this country borders on the obscene.

Most European countries are MUCH less forgiving -- massive fines, jail time, and mandatory license suspension for the first offense; prison time and license revocation for additional offenses.

If the states were to institute similar policies and a good information-sharing network were to be estaablished, the number of drunk-driving accidents, injuries, and fatalities would plummet.

We need better laws, better enforcement, and better education or this problem will b e with us forever.

Im one of those people that if I see someone obviously impaired (weaving dramatically, accelerating, slowing down for no reason, generally obviously impaired) I call the constabulary. In our neck of the woods the major highways are patrolled by Maryland State Police and other roads by Anne Arundel County Police and never the two shall meet. Recently driving from mt house to my mothers at 2am, the night I took myself to the hospital, I saw a car on Rt. 100 weave across four lanes of traffic onto the shoulder, clip the rail and go back onto the roadway. Hello, 911. Hello, Anne Arundel County Policewoman, Id like to report a drunk driver on Rt.100. The Maryland State Police handle that highway sir, Ill transfer you. Maryland State Police, Glen Burnie Barracks, how can I help you? Id like to report a drunk driver heading west bound on Rt. 100, weaving highly erratically, already involved in one MVA. Well dispatch a trooper immediately, where is the vehicle and what does it look like? We just passed the exit for Rt. 97 and its a grey Honda Accord, Maryland Tag xxx-xxx. Are you still behind it sir? I am but hes doing 80 mph or so ma'am and Im not going that fast. Thats fine sir, just let me know if he turns off. Ok, he just swerved off onto the exit ramp for Telegraph Rd. We dont patrol the side roads sir, thats Anne Arundel County Police. Click. Hello? Hello.

[.]

Close enough for government work.

[Gregg]

The treatment of DUI or DWI cases in this country borders on the obscene.

Most European countries are MUCH less forgiving -- massive fines, jail time, and mandatory license suspension for the first offense; prison time and license revocation for additional offenses.

If the states were to institute similar policies and a good information-sharing network were to be estaablished, the number of drunk-driving accidents, injuries, and fatalities would plummet.

We need better laws, better enforcement, and better education or this problem will be with us forever.

One of my howl in the wind pet peeves is that in Ohio, it's pretty hard for someone who knows what he's doing and can afford good help will ever be convicted of DUI. INna nutshell, if you are pulled over and fail a FST you take a breathalyzer, which you can refuse. Refusing the breathalyzer is an automatic suspension of your license. But it denies the state ironclad proof of your blood alcohol level and a good attorney will get the charge reduced to something less offensive, like reckless operation, failure to maintain lane, if a collision is involved they'll plea it down to failure to maintain clear distance if no one was hurt and insurance covered all the damages.
The Chief Justice of the Ohio Supreme Court has been pulled over for DUI in a State Owned Car, recorded by teh Hiway Patrol obviously impared, and got out of it, a State Senator was cited in the parking garage under the Statehouse after he hit several cars and posts that hold the roof up, pleaded down to another charge. It disgusts me.

[Pottapaug1938]

The treatment of DUI or DWI cases in this country borders on the obscene.

Most European countries are MUCH less forgiving -- massive fines, jail time, and mandatory license suspension for the first offense; prison time and license revocation for additional offenses.

If the states were to institute similar policies and a good information-sharing network were to be estaablished, the number of drunk-driving accidents, injuries, and fatalities would plummet.

We need better laws, better enforcement, and better education or this problem will be with us forever.

One of my howl in the wind pet peeves is that in Ohio, it's pretty hard for someone who knows what he's doing and can afford good help will ever be convicted of DUI. INna nutshell, if you are pulled over and fail a FST you take a breathalyzer, which you can refuse. Refusing the breathalyzer is an automatic suspension of your license. But it denies the state ironclad proof of your blood alcohol level and a good attorney will get the charge reduced to something less offensive, like reckless operation, failure to maintain lane, if a collision is involved they'll plea it down to failure to maintain clear distance if no one was hurt and insurance covered all the damages.
The Chief Justice of the Ohio Supreme Court has been pulled over for DUI in a State Owned Car, recorded by teh Hiway Patrol obviously impared, and got out of it, a State Senator was cited in the parking garage under the Statehouse after he hit several cars and posts that hold the roof up, pleaded down to another charge. It disgusts me.

The Boston Globe just ran a series about how some courts have acquittal rates, on OUI cases, of upwards of 80% in jury-waived trials. Part of the problem is exactly like in Ohio; another is that refusal to take a Breathalyzer can't be mentioned in court. The upshot is that people who are guilty as sin are skating free, especially if they come up with the cash to hire the right defense attorney.

[Arthur Rubin]

One of my howl in the wind pet peeves is that in Ohio, it's pretty hard for someone who knows what he's doing and can afford good help will ever be convicted of DUI. INna nutshell, if you are pulled over and fail a FST you take a breathalyzer, which you can refuse. Refusing the breathalyzer is an automatic suspension of your license.

As someone who knows how a Breathalyzer (TM) works, I wouldn't consider it adequate evidence unless it's at least .06% over the legal limit. The "2100:1" blood/air ratio (see, for example, http://electronics.howstuffworks.com/ga ... lyzer2.htm ) depends, in reality, on other solvents that might be in the [accused] drunk's blood, or whether the accused has used mouthwash recently; and many models are further sensitive to the drunk's lung capacity. It might be noted that, in California, possibly because of people like me who know the facts, it's illegal to drive with a measured (by a breathalyzer) blood alcohol content of 0.08%, rather than only with a BAC of 0.08%.

This is not to say that drunk drivers shouldn't be imprisoned more often. It's just that I consider the FST significantly more indicative of impairment than a breathalyzer would be.

[Prof]

San Antonio is now a "no refusal" city. If a driver declines a breathalizer test, with probable cause, the officer will arrest the driver and take the driver to jail, where a warrant will be issued to take a blood sample. Expensive solution, but it solves all problems.

In a city where a woman was recently sentenced to 55 years for drunk driving (11%), fleeing /evading arrest, and the death of an entire family (3 generations) riding in the minivan she ran into, "no refusal" seems just about right.

[JamesVincent]

San Antonio is now a "no refusal" city. If a driver declines a breathalizer test, with probable cause, the officer will arrest the driver and take the driver to jail, where a warrant will be issued to take a blood sample. Expensive solution, but it solves all problems.

In a city where a woman was recently sentenced to 55 years for drunk driving (11%), fleeing /evading arrest, and the death of an entire family (3 generations) riding in the minivan she ran into, "no refusal" seems just about right.

IIRC Maryland is the same. Refusing a roadside breathalyzer gets you arrested and a mandatory blood test. However, the blood test can take some time to be given so if you were borderline, you might get away after a little bit of time to let it percolate out. Im not in the habit of going through all that kind of thing since i dont drink but I believe its a mandatory license suspension also for refusal. But on the other hand as many times as Ive been in court for other reasons and seen people walk on their 3rd or 4th DWI charge, I dont see much of a reason to refuse unless its a habit for you.

[Pottapaug1938]

IIRC, the reason why the refusal to take a Breathalyzer test in Massachusetts has to do with the right not to be forced to incriminate oneself; but many feel that there can be a way around this based on the concept of implied consent as a consequence of requesting a driver's license.

[Gregg]

Some indication of Ohio's farcical system.

There are over 300 drivers who have more than 10 convictions for DUI since 1985.

Over 9,000 DUI charges have been disposed of by conviction of lesser offense since 2000.

More that one fourth of all state elected officials have been charged with DUI at some time.

The State's champion DUI offender has been charged with DUI or the prior equivalent offense 29 times, and convicted 12 times. He had served less than one year total for these offenses before his final conviction which involved a fatal accident.

And finally, I present the highest judicial officer of The State of Ohio, Former Chief Justice Alice Roby Resnick

Ohio Supreme Court Justice Alice Robie Resnick, 66, received only a "public reprimand" on Wednesday as punishment for violating judicial ethics rules after being caught driving under the influence of alcohol (DUI). The highest-ranking elected Democrat in the state admitted violating the Judicial Code of Conduct, which states, "A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary."

On January 31, 2005 at 2pm, Resnick was stopped by police officers near Bowling Green. "This is ridiculous, give me back my license," Resnick said to the police as captured on videotape. "There's nothing wrong with me. What are you going to do with me? You're embarrassing me. I want to go on to Columbus. I've not been drinking, you're really infringing on my... "

"You going to put me in jail?" Resnick said on the video. "I've always said a Supreme Court justice should have a highway patrolman driving them. They do it for the U.S. Supreme Court. This is so embarrassing to me."

Resnick then got in her SUV and drove away as police officers waited for a supervisor to deal with the justice who refused a breath test. Stopped again six miles down the road, she blew a .21 reading on a breathalyzer, far above the .08 necessary for conviction. Police reports quote Resnick as saying, "My God, you know I decide all these cases in your favor and, my golly, look what you're doing to me."

Twelve chief judges from each of Ohio's appeals courts issued the unanimous ruling. Supreme Court justices recused themselves because they could not be fully impartial regarding the actions of a colleague. In their ruling yesterday, the judges did not consider the video accounts of Resnick's conduct, even though Cynthia Gray, an expert on judicial discipline, recommends censure or suspension of a judge who "an attempt to avoid arrest by asserting the judicial office."

Resnick was sentenced to a $500 fine, a three-day alcohol intervention program and had her driving license suspended for six months. The full text of the decision is available in a 39k PDF file at the source link below.

Link to video http://www.springfieldnewssun.com/local ... o/resnick/

Source: PDF File In re Complaint Against Resnick (Supreme Court of Ohio, 12/28/2005)

[wserra]

IIRC, the reason why the refusal to take a Breathalyzer test in Massachusetts has to do with the right not to be forced to incriminate oneself; but many feel that there can be a way around this based on the concept of implied consent as a consequence of requesting a driver's license.

Since it's not testimonial, it's not a self-incrimination issue. The "implied consent" idea is used to avoid Fourth Amendment objections.

[Arthur Rubin]

IIRC, the reason why the refusal to take a Breathalyzer test in Massachusetts has to do with the right not to be forced to incriminate oneself; but many feel that there can be a way around this based on the concept of implied consent as a consequence of requesting a driver's license.

Since it's not testimonial, it's not a self-incrimination issue. The "implied consent" idea is used to avoid Fourth Amendment objections.

Agreed. It's a "search" and possibly "seizure". (Even though I haven't had Con Law or Evidence yet in law school.)

[Burnaby49]

And, in a digression back to our natural persons situation up here, the Canada Revenue Agency just published this.

November 30, 2011
PR 2011/11/30 Rev — Don't Buy into Illegal Tax Protester Schemes

--------------------------------------------------------------------------------

CRA NEWSWIRE
November 30, 2011

DON'T BUY INTO ILLEGAL TAX PROTESTER SCHEMES

The Canada Revenue Agency (CRA) warns all Canadians to beware of individuals that try to convince you that Canadians do not have to pay tax on the income they earn. These individuals, also known as tax protesters, not only fail to report their own earnings, but they also conspire, counsel, and promote these tax schemes.

Natural vs Legal Person

One of the most common false arguments tax protesters use is the natural vs. legal person argument, in which they treat themselves as two separate people for income tax purposes. They define the natural person as the individual that performs the labour required to earn income, and the legal person as the legal entity that the federal government creates through the issuance and use of the social insurance number (SIN). Tax protesters allege that the legal person has to file an income tax and benefit return, and that income received belongs to the natural person and is therefore not subject to Canadian income tax.

Canadian courts have repeatedly and consistently rejected all arguments made in these tax protester schemes.

Serious Consequences

For those involved in tax protester schemes, the CRA will reassess income tax and interest, and charge penalties. In some cases these individuals will be prosecuted for tax evasion. If convicted, they could face significant fines and possibly jail time.

For example, the courts fined an Ontario tax protester approximately $522,000, which represented 150% of the federal taxes evaded. In addition, the individual was given a one year conditional sentence, and was ordered to pay the fine imposed prior to the expiry of the conditional sentence; ordered to remain in Ontario and surrender his passport; and ordered to perform 180 hours of community service.

Correcting your tax affairs

Individuals who would like to correct their tax affairs can voluntarily come forward, and they may not be penalized or prosecuted if they make a valid disclosure before they become aware of any compliance action being taken by the CRA against them. These individuals may only have to pay the taxes owing, plus interest. More information on the Voluntary Disclosures Program can be found on the CRA Web site at www.cra.gc.ca/voluntarydisclosures.

The CRA reminds Canadians that, when it comes to their tax affairs, they should get independent advice from a reputable professional.

More information

More information on tax protester schemes is available at www.cra.gc.ca/alert under Tax Protesters.

[Burnaby49]

And, after bragging about our low violent crime rate her in Canada, this Xmas cheer;

FORTNIGHT OF DEADLY SHOOTINGS IN METRO VANCOUVER
• Thuy Yen Vu, 38, of Vancouver, was shot to death while sitting inside a BMW SUV parked in front of a home on the 6400-block of Bruce Street in Vancouver at 3 p.m., Dec. 14.
• Bradley McPherson, 28, of Surrey, died after being shot at a house party on the 13100-block of 67A Avenue in Surrey at 4 a.m. on Dec. 24.
• Alok Gupta, 27, of Surrey, died after being shot while working at Ken’s Groceries on the 11000-block of 96th Avenue in Surrey at around 3 p.m. on Christmas Day, Dec. 25.
• A 38-year-old Langley man was found shot to death inside his Mercedes SUV parked in the driveway of a home on the 9100-block of 207 Street in Langley at 9 p.m. on Boxing Day, Dec. 26.
• A man was shot to death on the 9500-block of 125th Street in Surrey at around 9:30 a.m. on Dec. 27.

Almost all in Surrey, a municipality adjacent to Vancouver, and all gunshot victims. Apart from the poor guy in the convenience store probably mostly drug and gang related.

[Burnaby49]

A follow-up to Eva Sydel, the dentist who's obsession with the natural person argument basically took over her life. As related in prior posts she ended up doing jail time for criminal tax evasion, a relatively rare event in Canada. She appealed everything to the British Columbia Supreme Court and in May 2011 the appeal was dismissed with costs. Not knowing when to quit she took the whole mess to the Supreme Court of Canada and applied for leave to appeal there. This was dismissed with costs in December 2011. I'm guessing costs are irrelevant since its unlikely she has anything after paying back taxes, penalties, legal costs and losing her dental business.

Nowhere else to go after the SCC but I don't doubt we'll be hearing about her again.

[LPC]

A follow-up to Eva Sydel, the dentist who's obsession with the natural person argument basically took over her life.

A Canadian Orly Taitz?

(I'm assuming Orly Taitz had a life, or dental practice, to take over.)