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  • RoadDawg

    Nos nostraque Deo
    Dec 6, 2010
    94,185
    I wasn't trying to be confrontational road dawg, my apologies if the post seemed i was. I will most definitely be changing my lesson plan based in the discussion in this theead though.


    That is good to read... I prefer that anyone who seeks a CCW and is an honest law abiding sane individual... would have the opportunity to be provided with that permit... (I really hate the idea of "May Issue") And, those who are holders would feel confident in the knowledge that they are free to exercise their rights unmolested or encumbered by fears of things they need not fear, provided they obey the laws pertaining to CCW. It is sad that so many folks have irrational fears of what the Police Officers will do to them if they get stopped. Fear causes panic. Panic causes poorly made, rushed decisions... These poorly thought out rushed decisions get folks injured and or locked up.

    Case in point... Driver is so scared of Police that when he sees the lights behind him he chooses to hit the gas instead of the brakes... The Officer does not have any idea why this driver suddenly accelerated away but follows in an attempt to get the driver to stop. The driver runs stop signs, red lights and creates a litany of hazardous situations for everyone else on the road. Finally the driver crashes his car and ends up on a sidewalk... All because the Officer was trying to pull him over to advise him that his rear tire was low on air.

    Yes, I was the Officer... And the guy was very scared of Police because of the stories he'd heard... He panicked and ran... Thankfully, NO BODY was hurt or killed... But, you get the picture...

    Folks need to stop being scared of the Police and simply start reacting in a calm manner. I do not want some poor person to fear that he/she is going to get locked up for taking a sip... and react in a manner that gets him/her or someone else hurt or killed...

    I DO, however, want them to be aware of the laws and follow them. That would be the ideal situation. And to get there, we need competent instructors as yourself who teach them the truth.

    Thank you... :thumbsup:
     

    tmd99

    Active Member
    Aug 22, 2015
    446
    Frederick
    my 2 cents

    "It remains ultimately a question for the jury whether an accused was intoxicated, impaired, or under the influence of alcohol in accordance with the common meaning of those terms. In making this determination, chemical evidence of alcohol consumption may be available and is probative, but it is unnecessary for conviction. Other evidence, particularly the personal observations by a witness of the individual's behavior, may be sufficient. In this respect, we find apposite the holding in United States v. Channel, 423 F.Supp. 1017 (D.Md.1976). In Channel, the appellant challenged his conviction of driving while intoxicated based solely upon the observations of his behavior by an officer and other witnesses." This is from Brooks v. State in 1979 (internal citations omitted) on driving offense. The same would likely hold for carry offense. I am not commenting on a "sip" but ultimately it is a question of fact for the factfinder based upon the available evidence and beyond a reasonable doubt standard. However, That is the criminal prosecution under PS-5-314. Doesn't mean you won't lose your permit under a much lesser standard though.
     

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