Comments on: Is Litigating While Drunk A Crime? I Say Yes http://www.concurringopinions.com/archives/2006/08/did_the_intoxic.html The Law, the Universe, and Everything Sat, 21 Nov 2009 21:19:19 -0700 http://wordpress.org/?v=2.8.3 hourly 1 By: angelinjones http://www.concurringopinions.com/archives/2006/08/did_the_intoxic.html/comment-page-1#comment-57194 angelinjones Thu, 11 Sep 2008 11:39:11 +0000 http://www.solove.org/archives/2006/08/is-litigating-while-drunk-a-crime-i-say-yes.html#comment-57194 California auto accident lawyer Jack Bloxham represents victims of drunk driving accidents in the San Francisco Bay Area. Contact any of our three Injury Law Center locations for dependable advice about your options in an alcohol-related motor vehicle accident, including hit and run accidents. ===================== Angelinjones <a href="http://www.legalx.net" rel="nofollow">california dui</a> California auto accident lawyer Jack Bloxham represents victims of drunk driving accidents in the San Francisco Bay Area. Contact any of our three Injury Law Center locations for dependable advice about your options in an alcohol-related motor vehicle accident, including hit and run accidents.

=====================

Angelinjones

california dui

]]> By: Rob Huddleston http://www.concurringopinions.com/archives/2006/08/did_the_intoxic.html/comment-page-1#comment-57193 Rob Huddleston Fri, 01 Sep 2006 19:55:31 +0000 http://www.solove.org/archives/2006/08/is-litigating-while-drunk-a-crime-i-say-yes.html#comment-57193 Dan - This looks solidly like criminal contempt to me. At least, it would be here in Tennessee. With no public intoxication in Nevada, the other two charges (DUI and some sort of assault charge) seem unrealistic. Cheers, Rob Dan -

This looks solidly like criminal contempt to me. At least, it would be here in Tennessee.

With no public intoxication in Nevada, the other two charges (DUI and some sort of assault charge) seem unrealistic.

Cheers,

Rob

]]> By: Dan Filler http://www.concurringopinions.com/archives/2006/08/did_the_intoxic.html/comment-page-1#comment-57192 Dan Filler Thu, 31 Aug 2006 22:54:16 +0000 http://www.solove.org/archives/2006/08/is-litigating-while-drunk-a-crime-i-say-yes.html#comment-57192 PK, it appears you're right about public intox in Nevada. More broadly, though, I agree with the view that society overcriminalizes conduct. But this same society under-sanctions seriously irresponsible and reckless criminal defense lawyering. Perhaps these two characteristics align: both lead to the incarceration of more people. In my view, a lawyer like this is a serious menace - potentially much more so than a shoplifter or small-time drug user. PK, it appears you’re right about public intox in Nevada. More broadly, though, I agree with the view that society overcriminalizes conduct. But this same society under-sanctions seriously irresponsible and reckless criminal defense lawyering. Perhaps these two characteristics align: both lead to the incarceration of more people. In my view, a lawyer like this is a serious menace – potentially much more so than a shoplifter or small-time drug user.

]]> By: PK http://www.concurringopinions.com/archives/2006/08/did_the_intoxic.html/comment-page-1#comment-57191 PK Thu, 31 Aug 2006 19:11:58 +0000 http://www.solove.org/archives/2006/08/is-litigating-while-drunk-a-crime-i-say-yes.html#comment-57191 FYI, public intoxication is no longer a crime in Nevada. See Robinson v. State, 117 Nev. 97, 99 (2001). FYI, public intoxication is no longer a crime in Nevada. See Robinson v. State, 117 Nev. 97, 99 (2001).

]]> By: anon http://www.concurringopinions.com/archives/2006/08/did_the_intoxic.html/comment-page-1#comment-57190 anon Thu, 31 Aug 2006 16:44:35 +0000 http://www.solove.org/archives/2006/08/is-litigating-while-drunk-a-crime-i-say-yes.html#comment-57190 point PK! point PK!

]]> By: anon http://www.concurringopinions.com/archives/2006/08/did_the_intoxic.html/comment-page-1#comment-57189 anon Thu, 31 Aug 2006 16:39:25 +0000 http://www.solove.org/archives/2006/08/is-litigating-while-drunk-a-crime-i-say-yes.html#comment-57189 Point PK! Point PK!

]]> By: PK http://www.concurringopinions.com/archives/2006/08/did_the_intoxic.html/comment-page-1#comment-57188 PK Thu, 31 Aug 2006 01:25:04 +0000 http://www.solove.org/archives/2006/08/is-litigating-while-drunk-a-crime-i-say-yes.html#comment-57188 When I initially read you post I thought it was a satirical commentary on our society's silly need to criminalize all errors of judgment. Upon re-reading, I'm pretty sure my first impressions were wrong. You seem to imply that the alcohol level necessary for public intoxication should be LOWER than that for drunken driving, but that's ridiculous. Slight reductions in reaction time create dangerous drivers, thus .08 is justified with respect to driving, but slightly lower reaction times present no public danger when the drinker is merely present in a public space. Thus, he should not be guilty of public intoxication. Second, is there any evidence that a blood alcohol level of .075 would cause the average lawyer's performance to fall below the Strickland standard? Almost certainly not. Yet you claim a crime(!) has been committed. Under that standard, it would also be criminal for a lawyer to stay out late the night before a trial and not get an adequate amount of sleep, since being tired would also hinder a lawyer's performance about as much as a blood alcohol level of .075, especially if the lawyer's story is true and it is the remnants of alcohol consumed the night before. As for you absurd assault theory, where is the IMMEDIATE bodily harm? Also, what about causation? If Clarence Darrow himself couldn't have the the defendant off, then what's the difference? When I initially read you post I thought it was a satirical commentary on our society’s silly need to criminalize all errors of judgment. Upon re-reading, I’m pretty sure my first impressions were wrong.

You seem to imply that the alcohol level necessary for public intoxication should be LOWER than that for drunken driving, but that’s ridiculous. Slight reductions in reaction time create dangerous drivers, thus .08 is justified with respect to driving, but slightly lower reaction times present no public danger when the drinker is merely present in a public space. Thus, he should not be guilty of public intoxication.

Second, is there any evidence that a blood alcohol level of .075 would cause the average lawyer’s performance to fall below the Strickland standard? Almost certainly not. Yet you claim a crime(!) has been committed. Under that standard, it would also be criminal for a lawyer to stay out late the night before a trial and not get an adequate amount of sleep, since being tired would also hinder a lawyer’s performance about as much as a blood alcohol level of .075, especially if the lawyer’s story is true and it is the remnants of alcohol consumed the night before.

As for you absurd assault theory, where is the IMMEDIATE bodily harm? Also, what about causation? If Clarence Darrow himself couldn’t have the the defendant off, then what’s the difference?

]]>