Ray Flavin's Legal Blog

In today's super secure, safe, right-free america, there is one institution that is there to protect the individual from the state.  An that institution is the JURY.  When the state makes up rules (to protect us -- "hey thanks, state!" -- the Constitution guarantees that a jury will be the one to apply the law to the facts, with not the state, so ....

When a girl is discovered nude and drunk, sleeping in a sleeping bag, in the back seat of a suburban, legally parked with the keys in the bottom of a sleeping bag ...  and

the state asks you to find her guilty of DUI because the law says she was in "actual physical control" of that vehicle while drunk

As a favor to me, and to show your love for America the Constituion and what is right ...

Just say no!

Tell the state that I would rather encourage people to sleep it off rather than trying to make it home.

Ray Flavin

Posted by lawblog at 10:38 AM | Permalink

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So in my last blog I told you that the Illinois State Police are cheaters.  You might want to add liars to that list.

When a person takes a blood test at a hospital they use a kit.  The reason that they use these kits is that when you test the blood for alcohol you shouldn't use an alcohol swab to prepare the skin.  Well, the regulations that the Illinois State Police write say, in effect DON'T USE AN ALCOHOL SWAB.

The Illinois State Police said that there were no alcohol swabs in the kits.  And we all know what happened.  Turns out there was ALCOHOL in the swabs.  First the Illinois State Police denied it then they did what any self respecting, self regulating agency would do ....

THEY CHANGED THE RULES.

So now instead of the rules stating, don't use an alcohol swab, the rules say use proper medical procedure.

Sigh...

Ray Flavin

Posted by lawblog at 10:22 AM | Permalink

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Now  I believe in fair play like the next guy, right! 

Well, the Illinois State Police are the guys who write the regulations on how the breathalyzer machines are run and which machines should be used.  And, that will be the subject of an entirely different article on why that is like having the fox run the chicken house.-

But, as it is, the Illinois State Police decided to rewrite rules (which is OK, they can do that)

They wanted to get rid of the old Intoxilzer 5000's so they took them off of the approved list.  Only problem is that they have some Intoxilizer 5000's still at police stations.  When we moved to strike the tests perfomed on these machines that were not now approved, they said that all of their rules are retroactive.  Interpretation: everything that we do is OK just ask us.

Ray Flavin

Posted by lawblog at 10:15 AM | Permalink

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For those of you who don't know: My opinion is that Illinois is a state run by a band of retards.  Now I don't say that to be mean. No, I really mean it, and it's true.

Why? you ask.

Well let me count the ways.  How many versions of the DUI laws are on the books right now.  In many states run by adults or the mentally competent that number would almost always be one.  Sometimes in those states the number would be 2, because the law was being revised.

Illinois: SIX

enough said.

Ray Flavin

Posted by lawblog at 09:55 AM | Permalink

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