There seems to be an awful lot of laws.
CCW ?
- Thread starter Shemp
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How does a state write in the law a "sip"? Isn't under the "influence" different than being "intoxicated"? How many sips determine intoxication? Well...enough sips or "influence" until it gets you to .08, but what about under .08? I believe that is influence.
RoadDawg
Nos nostraque Deo
- Dec 6, 2010
- 94,469
That being the key... And with 24 years of LE... I can tell you that your interpretation of the law is technically incorrect.
A "sip" of an alcoholic beverage is NOT going to cause you to be "under the influence" of alcohol.
And while I do NOT advise that folks go drinking and shooting... That would be inane and dangerous. I will not be telling anyone that one sip of alcohol is going to get them locked up either.
Name Taken, you are referring to the MVA laws as to the definition of being under the influence. It does not quantify, to my knowledge, what they consider as under the influence is but in speaking to the higher ups at MSP, they consider any consumption to be a violation of this law to include a sip, their words not mine.
As we all know, the MSP has the latitude it would seem to be able to interpret the law any way they see fit. They can even make shit up and get away with it. They redefine the english language and no one can do a thing about it. The MSP are a sad excuse for a law enforcement agency and need to stop playing politics and start just enforcing the laws as written and not as they want.
As we all know, the MSP has the latitude it would seem to be able to interpret the law any way they see fit. They can even make shit up and get away with it. They redefine the english language and no one can do a thing about it. The MSP are a sad excuse for a law enforcement agency and need to stop playing politics and start just enforcing the laws as written and not as they want.
RoadDawg
Nos nostraque Deo
- Dec 6, 2010
- 94,469
And a lot of misinterpretation of them to boot.
Don't need a law degree to be able to use my brain and look up the information as posted in COMAR. That stands for Code of Maryland or Law of Maryland and sure beats listening to the people at the bar.
That is a fact!!! It would seem that MSP is trying for worlds best at misinterpreting the law.
By your or my interpretation I would absolutely agree. Unfortunately, that isn't the way the MSP interpret it. Technically though, even a sip would make you under the influence but not intoxicated.
RoadDawg
Nos nostraque Deo
- Dec 6, 2010
- 94,469
But you DO need to understand what you read. I know for a FACT that a sip of alcohol is NOT considered to be "under the influence". And if Any of my Officers had ever brought in an arrestee and charged them under those circumstances, I would personally have removed the handcuffs and apologized to the person for the failure of the Officer to understand the intent, scope and spirit of the Law.
No matter how "we" look at it, we don't matter and the governing body for carry permits is the only opinion that matters until or unless it goes to a trial and it is determined exactly what "under the influence" means.
We are not talking about YOUR officers, we are talking about MSP and what THEY interpret it to mean in regards to carrying a firearm, not driving a car, not public intoxication etc.
Name Taken
Ultimate Member
They write what a "sip" is by stating you can not consume.
Or they say you can not have a BAC over .01.
If that was the legislative intent that they didn't want a CCW holder to have a sip they would just say "could not consume" or set the BAC so low it would be a heavy burden to get under it unless it was a true sip.
Straightshooter
Ultimate Member
I just marked my calendar with a big X to indicate the day that we agreed on something
Sent from my DROID RAZR using Tapatalk
I would absolutely agree with that if we were in a state that the police could not rewrite the laws as they see fit. Unfortunately that isn't the case in this state.
Tell ya what, how about you go out to the bar and find a state cop and take a sip of a beer while he can see you are carrying concealed with your permit. When you get done please come post what happened, that way we can all find out exactly what they consider under the influence.
RoadDawg
Nos nostraque Deo
- Dec 6, 2010
- 94,469
I will not debate what a particular Trooper told you...
However, I will tell you this... Police Departments have specific policies which govern the way their Officers conduct themselves. And an alcoholic beverage is at times permissible while on duty and in the course of their job.
Having "a few drinks" is a NO NO...
One drink (Not a Long Island Iced Tea with seven shots in it) is not going to qualify in court as "under the influence".
Folks should use the gray matter between their ears for something other than filler to hold their ears apart... Be safe and be sensible... If you are going to a place where you are intending on drinking a few... LEAVE IT AT HOME. But if you are out somewhere and your want to drink ONE beer or glass of wine. ACT RESPONSIBLY... And you won't have any trouble.
Straightshooter
Ultimate Member
OH my Gosh, Just added a second X.
RoadDawg
Nos nostraque Deo
- Dec 6, 2010
- 94,469
I just marked my calendar with a big X to indicate the day that we agreed on something
Sent from my DROID RAZR using morse code
In truth... there are probably many things upon which we agree...
However, internet conversation is not a good place to find that out. There is only written words to go on and often those words are misinterpreted.
But... thanks for the note anyway.
Name Taken
Ultimate Member
I'd welcome the settlement honestly.
Under the influence has been defined in other statutes. Factor in legislative intent and a "lay person" reading of the law not to mention a expert witness or two and I'd gladly walk away with the pay day for what you say might be a misapplication of the law.
I'd not condoning anyone drinking while armed. But the burden according to the law is certainly higher then a sip.
- Feb 19, 2013
- 18,766
Breath test, Blood test , walk the line heel to toe and say the alphabet test..
marylandmark
Ultimate Member
- Mar 4, 2013
- 1,432
None of which one would be required to do. Maybe requested but not required.
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