I've got a better one...
You hire me to fly you to Los Angeles. We get in our C650 after I have had 1/2 cup of beer. I feel no change in my mental or physical faculties, never mind the fact that I am violating the 8 hour no alcohol rule.
During flight we hit clear air turbulence and since everyone was unbelted (on my order) one person is injured and dies. Does anyone believe that I am civilly at risk from the family of the deceased. I have violated at least two rules one of which is a certain win for the plaintiff.
If I have had one swallow of beer and am attacked and if I shoot that assailant dead justifiably, is there anyone here who believes that the family of the deceased, if they know about the alcohol, won't file a wrongful death suit based on reduced mental or physical faculties?
The only way to argue that there was factually no impairment due to the introduction of alcohol or drugs into your system is to not ingest those items while carrying in the first place.
tex
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Return to “An Alcoholic Drink While Carrying”
- Wed Aug 19, 2015 1:08 pm
- Forum: General Texas CHL Discussion
- Topic: An Alcoholic Drink While Carrying
- Replies: 45
- Views: 9857
- Tue Aug 18, 2015 2:38 pm
- Forum: General Texas CHL Discussion
- Topic: An Alcoholic Drink While Carrying
- Replies: 45
- Views: 9857
Re: An Alcoholic Drink While Carrying
Yeah, the definition for intoxication comes from 49.01, Offences against public safety, health and morals.
I teach all of my students that the phrase "not having the normal use of mental or physical faculties" is a very broad requirement. I say that the only time you DO have normal use of mental or physical faculties and can PROVE it, is when you have not taken any drop of alcohol. Once the first drop of alcohol is consumed the prosecutor has the beginning of a charge. And since "normal" while subjective, is clear in its definition. Just as we begin dying the moment we are born, we begin losing normal functionality to some degree the moment we consume any amount of alcohol or drug, no matter how small. The prosecutor understands that logic and will use it to his advantage.
tex
I teach all of my students that the phrase "not having the normal use of mental or physical faculties" is a very broad requirement. I say that the only time you DO have normal use of mental or physical faculties and can PROVE it, is when you have not taken any drop of alcohol. Once the first drop of alcohol is consumed the prosecutor has the beginning of a charge. And since "normal" while subjective, is clear in its definition. Just as we begin dying the moment we are born, we begin losing normal functionality to some degree the moment we consume any amount of alcohol or drug, no matter how small. The prosecutor understands that logic and will use it to his advantage.
tex