Search found 3 matches

by Charles L. Cotton
Sun Sep 02, 2007 3:51 pm
Forum: General Texas CHL Discussion
Topic: Drinking While Carrying
Replies: 191
Views: 29053

KBCraig wrote:
Charles L. Cotton wrote:I live in the courtroom where perception rules the day. Most of the factors Liberty pointed out will be brought out in trial and may well determine the outcome. Your point in earlier posts about having a right to get correct information from a CHL instructor is absolutely correct, but shortly out of law school, I learned that what the law "says" and what happens in court are often miles apart.

Chas.
No offense, but that's quite an indictment against your profession.

The priorities of all parties to any court action should be that, one, justice prevails; and, two, that the law is applied equally. Sadly, the priority of all parties is to win, even if it means twisting "perception" so that the facts of the case, the law, and justice are all secondary.
No offense taken. But that's not the product of my profession, it's the system of justice, both civil and criminal, that we have is this county.

The American system of justice is an adversarial one. The "truth" is found by the battle of opposing sides before an unbiased trier of fact, either a judge or a jury. My job is to present my client's case in the best possible light and to make my opponent's case look weak. Of course I want to win, as does my client. That's how an adversarial system works.

Remember too that what you believe is the "truth" or what the law requires may very well be different from the person standing next to you. That's why the adversarial system is the best possible approach, albeit imperfect.

Chas.
by Charles L. Cotton
Sun Sep 02, 2007 8:46 am
Forum: General Texas CHL Discussion
Topic: Drinking While Carrying
Replies: 191
Views: 29053

frankie_the_yankee wrote:
Liberty wrote: I think its a a pretty fuzzy line and one I think some instructors err on the side of safety.
That's no excuse. Instructors should give an accurate rendering of the requirements of the law.
Liberty wrote: I've know alcoholics that think 1 or two means a 1 or two fifths.
I don't care what some alcoholic thinks. They are not eligible for CHL's anyway. When I pay money to take a class, I want to get accurate information.
Liberty wrote: I also have a relative that gets totally silly after 2 glasses of wine. Many folks aren't aware of what their real limits are.
If someone has an abnormal response to alcohol that is their problem, not mine. If they want to carry a gun, they should make it a point to learn their limits, just as I have.
Liberty wrote: Drinking while carrying is not something that is advisable to test ones limits.
Irrelevent. We are talking about people who already know where their limits are.
Liberty wrote: Every officer knows that almost every DWI that they pull over claims they only had 2. Will the officer really believe you when you tell him you had 2?
Also irrelevent. We are not talking about power drinkers claiming they only had two. We are talking about someone who might have a glass of beer or wine while enjoying a meal.

No one with a normal response to alcohol who has one drink will be acting in any way that would meet the legal definition of intoxicated, nor will they give an officer any cause to think they are.
I live in the courtroom where perception rules the day. Most of the factors Liberty pointed out will be brought out in trial and may well determine the outcome. Your point in earlier posts about having a right to get correct information from a CHL instructor is absolutely correct, but shortly out of law school, I learned that what the law "says" and what happens in court are often miles apart.

Chas.
by Charles L. Cotton
Sun Sep 02, 2007 8:40 am
Forum: General Texas CHL Discussion
Topic: Drinking While Carrying
Replies: 191
Views: 29053

Liberty wrote:
BrassMonkey wrote:

Q: Can I carry a handgun if I am drinking alcohol?
A: “Carrying� while drinking is not prohibited, but it is a criminal
offense to carry while intoxicated.

Now someone needs to tell all the CHL instructors to stop spewing the "not a drop" spiel and making people (such as myself) believe they will go to jail for just smelling a beer while carrying.
I think its a a pretty fuzzy line and one I think some instructors err on the side of safety. I've know alcoholics that think 1 or two means a 1 or two fifths. I know teatotalers that don't believe that a beer with a dinner will affect ones judgement and responcss. I also have a relative that gets totally silly after 2 glasses of wine. Many folks aren't aware of what their real limits are.
Drinking while carrying is not something that is advisable to test ones limits. Every officer knows that almost every DWI that they pull over claims they only had 2. Will the officer really believe you when you tell him you had 2. They won't give you a BAC and its apt to boil down to a subjective opinion of a LEO.
:iagree:

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