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Pastimes : Clown-Free Zone... sorry, no clowns allowed

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To: pater tenebrarum who wrote (25170)10/6/2000 12:10:54 PM
From: Don Lloyd  Read Replies (1) of 436258
 
hb -

...in case you are, i actually think this limit makes a lot of sense in terms of making the streets safer....

The first problem is that the law is entirely unconstitutional, from the enumerated powers point of view. What is certain is that the number will continually be lowered until the false positive rate is 1% or 5% or 10% or whatever. The argument will be that no price is too high to prevent the loss of a single life, even if millions of lives are ruined by false accusations and prosecutions. Of course the whole argument is simply a feel good activity since the typical drunk driving fatality results from a drunk driver who has been previously apprehended or even convicted 5 or 10 (or pick your own number) times before. The problem is adequate punishment and prevention, not changing the particulars of a law to make it more sensitive.

Regards, Don
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