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by talltex
Mon Oct 15, 2012 8:30 am
Forum: Never Again!!
Topic: incident with Johnson County Sheriff
Replies: 138
Views: 25022

Re: incident with Johnson County Sheriff

Originalist wrote:It wasn't a stand alone charge. I wouldn't have considered it had he not been DWI. I personally think DWI should be a more serious crime then it is. Especially given the frequency and lethality. As for the comment several pages back, I have no sympathy for someone who could be so careless with someone else's life and any charge I get, that you violate, is not me doing anything BUT reporting what YOU did! There are lots of things you can do to either meet or not elements of an offense. Texas has some pretty weird exceptions or non-applicability. Example, child passenger safety seats... If all seats are occupied, put baby on floorboards and you're good to go.
I think the second sentence above is enlightening....you are allowing your personal feelings to influence your interpretation of the law, and charging people with an offense that no one else agrees with, just because you are in a position to do so, then justifying it by saying that although it's vague, it hasn't been determined by case law yet.
by talltex
Fri Mar 16, 2012 12:55 am
Forum: Never Again!!
Topic: incident with Johnson County Sheriff
Replies: 138
Views: 25022

Re: incident with Johnson County Sheriff

AFCop wrote:I personally have a conviction on an open container enhancement with a DWI with an open 30 pack with cans missing and no open cans in the car.
Why would you WANT to go out of your way to slap an "enhancement" charge on top of the DWI to begin with? You already have the guy charged with a DWI that is going to cost him $15,000+ over the next few years, require him to go to education and counseling programs, go through a lengthy probation period (which will not prevent him from having a PERMANENT arrest and conviction record). On top of that, you make a real stretch in your interpretation of the statute to justify the enhancement charge...an interpretation that no one else has ever heard of, or believes is correct. I just don't understand the reasoning here. :headscratch

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