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Lawyer and Gun Activist
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Tickets Deserved

I can't see myself fighting a speeding ticket anytime soon. I have a clean 7-year MVR, but that's only because of the "10 mph over" rule for radar or laser evidence, and the fact that there's almost never a cop around when I go more than 10 over. If you count each road I drive on each day as a separate offense... figure 10 violations a day for the last 10 years... 3,650+ violations.... and I am one of the slowest and most careful drivers I know!

This is another example of how absurd our laws are. We define perfectly normal and reasonable behavior as a "crime" and announce that we are going to punish it (with the potential for a huge, Draconian punishment), but then of course we DO NOT enforce the law strictly and the normal punishment is just a tiny fraction of what the Code section provides for. Why? Because if we really fully enforced all the stupid laws we have, the people would revolt! At the very least every elected official responsible for the crackdown would have his head handed to him on election day.

In the old days, people would tell you with a straight face that many of Georgia's laws were only written so that they could be selectively enforced against minorities. Today that won't wash. So now what's our excuse for making everything illegal (and half the things "felonies") and just trusting cops and prosecutors to only apply the law to some people, some of the time?
 

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Anybody see the AJC article on the college kids that drove side by side on 285 at 55 mph for five minutes and videotaped it?

I think the tape is available online.

They have been on national TV shows and were interviewed by Neal Boortz.

Apparently, 285 was empty as they approached, and the people behind them were very upset. Some state trooper was commenting that their behavior was perfectly legal. If that is true, then we need a law that says to keep out of the left lane if not passing.
 

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Malum Prohibitum said:
Some state trooper was commenting that their behavior was perfectly legal. If that is true, then we need a law that says to keep out of the left lane if not passing.
We don't need more laws. The problem is that we have too many restrictive laws. It's obvious that the 55 mph law is the problem. If we're even going to have speed limits, then they should be enforced realistic speed maximums. It's ridiculous to claim that the proper speed for that road is 55mph when it is clear that it is not.

Basically, everyone is required to break the law in order not to break the traffic system. Our laws have turned every one of us into a criminal.
 

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Sledgehammer
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Gunsmoker, you are spot on. I bet a survey of the man on the street would find the majority ignorant of the fact that they can go to jail for a first offense of speeding.

It's bad enough that the legislature gets carried away when defining criminal behavior and establishing massive ranges of potential punishment. GA law also permits municipalities to define crimes, and they do so with a vengeance. The list of things we are willing to fill our jails over is just ridiculous.
 

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Sledgehammer
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Malum Prohibitum said:
Anybody see the AJC article on the college kids that drove side by side on 285 at 55 mph for five minutes and videotaped it?

Apparently, 285 was empty as they approached, and the people behind them were very upset. Some state trooper was commenting that their behavior was perfectly legal. If that is true, then we need a law that says to keep out of the left lane if not passing.
What we need is for the trooper to read OCGA 40-6-40(d), which says, "No two vehicles shall impede the normal flow of traffic by traveling side by side at the same time while in adjacent lanes...."
 

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Or subsection (b)

(b) Upon all roadways, any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
 

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Lawyer and Gun Activist
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Local Ordinance Abuse

"It's bad enough that the legislature gets carried away when defining criminal behavior and establishing massive ranges of potential punishment. GA law also permits municipalities to define crimes, and they do so with a vengeance"

YES, and in the breakroom of my local county courthouse is an official notice that proves your point. It announces that the County Commission has decided to ban smoking in any government-owned building, including within a certain number of feet of any entrance or exit. Well, that sounds reasonable enough. Hardly controversial, right? Well guess what kind of PENALTY they attached to that conduct? Up to 60 days in jail for every offense, even a first offense, and they took special note to say that every act of violation and every day of violation is a separate offense. So if we discover that some public employee who works in this courthouse has been regularly taking his smoke breaks outside but only 10 feet from the door rather than the minimum of 20 feet or whatever, and he's been doing this as a matter of habit and routine at least 4 times a day for the last year, we could put this guy in prison for about 118 years. Oh, and he would not have any right to court-appointed counsel to defend him, if he could not afford his own attorney, because the potential sentence "for each violation" would be less than six months, even though the sentences could be run consecutive to add up to much longer than 6 months. Doesn't that sound just perfectly fair to you???
 

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CORRECTION

Okay, now I'm not sure which of the following rights does not attach (per federal Constitutional purposes) for crimes which carry a six-month or less: The Right to Appointed Counsel, or The Right to Trial by Jury. Or both. It doesn't come up often, as you can imagine, and I was just going by memory from something I read long ago.
 

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Re: Local Ordinance Abuse

gunsmoker said:
Up to 60 days in jail for every offense, even a first offense, and they took special note to say that every act of violation and every day of violation is a separate offense.
:shock: WHAT?!?!?!

Ok. I HATE cigarette smoke. I am alergic to it as a matter of fact. However, I think 1 day in jail for a first offense is too much. 60 days is to much for even a habitual offender. What county is this?
 

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As long as we are going off topic, how about the fact that one of the first acts of the Republicans when they took over the state General Assembly was to pass a restaurant smoking law statewide? I discovered this when my son came to take me to lunch for my birthday. Being 4, he was all excited to come to Atlanta and have lunch with his Dad on a workday.

He started crying when the restaurant guy informed us that he could not let a minor in the restaurant because they allowed smoking and that this was a state law. My boy had eaten there before, and I had never even noticed any smoke. I was incredulous about this "law," and determined secretly in my head that this guy did not know what he was talking about. After all, hadn't the Republicans just taken a majority? Because both me and my firm spend a lot there, they managed to clear out a backroom so that my family could enjoy are lunch (my boy was happy).

Later, when I got back to the office, I looked uo the recently passed law and discovered that the guy was correct!

I saw in the paper this morning that the Republicans just passed a bill out of committee to require homeowners in Atlanta to upgrade their toilets and plumbing to watersaving devices - not when there is a renovation but now!

What happened to the thought that one votes for Republicans for the interests of liberty and small government? Did this ideal perish with Barry Goldwater's failed presidential bid in 1964? I guess a landslide loss will do that to a party.

And now they made a 4 year old boy cry.

:cry:
 

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Malum Prohibitum said:
I saw in the paper this morning that the Republicans just passed a bill out of committee to require homeowners in Atlanta to upgrade their toilets and plumbing to watersaving devices - not when there is a renovation but now!

What happened to the thought that one votes for Republicans for the interests of liberty and small government? Did this ideal perish with Barry Goldwater's failed presidential bid in 1964? I guess a landslide loss will do that to a party.

And now they made a 4 year old boy cry.

:cry:
So your saying allow smoking for the children? :lol:

I am thinking about finding one of those high volume toilets that holds like 5 gallons on the internet and having it installed just out of spite. I am pretty sure I can get those from Canada.
 

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Sledgehammer
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thebugman said:
I am thinking about finding one of those high volume toilets that holds like 5 gallons on the internet and having it installed just out of spite. I am pretty sure I can get those from Canada.
I think the federal Energy Policy Act of 1992 prohited importation of said toilets, which are a scourge on the lower 48.
 

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jrm said:
thebugman said:
I am thinking about finding one of those high volume toilets that holds like 5 gallons on the internet and having it installed just out of spite. I am pretty sure I can get those from Canada.
I think the federal Energy Policy Act of 1992 prohited importation of said toilets, which are a scourge on the lower 48.
This may be true, but I can find a 4 plus gallon toilet that has dual flush capability and have it shipped directly.

http://cgi.ebay.com/ws/eBayISAPI.dll?Vi ... _Stores_IT
 

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Re: Tickets Deserved

gunsmoker said:
This is another example of how absurd our laws are. We define perfectly normal and reasonable behavior as a "crime" and announce that we are going to punish it (with the potential for a huge, Draconian punishment), but then of course we DO NOT enforce the law strictly and the normal punishment is just a tiny fraction of what the Code section provides for. Why? Because if we really fully enforced all the stupid laws we have, the people would revolt! At the very least every elected official responsible for the crackdown would have his head handed to him on election day.

In the old days, people would tell you with a straight face that many of Georgia's laws were only written so that they could be selectively enforced against minorities. Today that won't wash. So now what's our excuse for making everything illegal (and half the things "felonies") and just trusting cops and prosecutors to only apply the law to some people, some of the time?
"The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. " - Ayn Rand
 

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Sledgehammer
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thebugman said:
This may be true, but I can find a 4 plus gallon toilet that has dual flush capability and have it shipped directly.
"Gee, your Honor, I know I can't import a toilet from Canada, but I didn't. I ordered it on Ebay."
 
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