newsobserver.com projects - Don Vaughan - Comments

Re: Blow a .20? Go to jail

Gosh — Thu, 26 Mar 2009 17:51:57 -0400

Gosh - Criminal penalties are defined by statute (which are passed by the GA). Thus it is not the GA dictating in the realm of the courts if they were to mandate a night in jail.

PJ - I'm old enough to remember a time before mandatory minimum sentencing, when Judges were among our most revered public servants that were trusted to weigh evidence and mitigating factors alike in administering justice equitably and fairly. Now a vending machine could hand out one size fits all punishment.

I realize mandatory minimum sentencing has been all the rage since the mid-80's, but I'm no fan of shifting decision making authority from those trained to fairly interpret the Constitution and administer justice to politicians and their populist appeals to the dumbest among us.

Note, I'm all for harsh sentences when deserved. I just doubt justice is served by forcing a judge to send a 73-year old Lahja Pohjoisrinne, arrested for DUI to jail as opposed to mental treatment. Just the first example that came up in Google. Stuff really does happen, and the presiding Judge is always the best arbitrator of the details.

We don't want to take the same path with alcohol with did with crack cocaine in 1986. That worked out so well.

Re: Blow a .20? Go to jail

jejohn8 — Thu, 26 Mar 2009 15:38:37 -0400

just don't blow

Re: Blow a .20? Go to jail

cornbread — Thu, 26 Mar 2009 13:41:03 -0400

How will the Senator pay for these increased penalities and jail nights?

Perhaps an increase in the alcohol tax?

I request a fiscal note.

Re: Blow a .20? Go to jail

pjpuryear — Thu, 26 Mar 2009 13:14:56 -0400

Gosh - Criminal penalties are defined by statute (which are passed by the GA). Thus it is not the GA dictating in the realm of the courts if they were to mandate a night in jail.

My question is which breathalyzer is used (the one at the scene or the one at the station).

Re: Blow a .20? Go to jail

ryanteaguebeckwith — Thu, 26 Mar 2009 13:02:34 -0400

It would be if you are convicted, not the night of the charge.

— RTB

Re: Blow a .20? Go to jail

Gosh — Thu, 26 Mar 2009 13:02:05 -0400

RTB, does this mean a mandatory night in jail after a conviction or the immediate night of the charge?

If the night of the charge, that's sentencing without a conviction.

If after the conviction, that's the legislature dictating in the realm of courts.

Either way, don't these over reaching authoritarians have a budget to balance?

Re: Blow a .20? Go to jail

captainjack — Thu, 26 Mar 2009 12:35:01 -0400

I think we should give a free get out of jail card to all those who participate in the liquor tastings at the ABC Store. It would not be fair to penalize those who were sampling the cooking liquors. Now the people who are drinking for other than cooking reasons, they're fair game!

Re: Blow a .20? Go to jail

RalGeoff — Thu, 26 Mar 2009 12:24:36 -0400

.20? if you have enough motor skills to take the test at .20, you need some kind of a wake up call anyway. I think .1 while driving should be adequate for one night in the drunk tank.

Re: Blow a .20? Go to jail

domewatcher — Thu, 26 Mar 2009 11:16:45 -0400

I am all for this!

I read where some dozen or so people had their cars confiscated for racing on the highways. The threat of having your car confiscated should make people think.

I have no sympathy whatsoever for those who drink and drive! Tougher penalties.....yes!!!!!! If we confiscate cars for racing, then why not for driving down the same road drunk.

If we confiscated all drunk driver's cars, the state could sell them and close the budget gap.

Re: Vaughan still cheering Tar Heels

CitizenOpinionated — Thu, 12 Mar 2009 23:12:52 -0400

Should Roy sit or play Lawson...since we are on the topic?

PS the Bojangles has a special of $3.99 for a Cajun Filet Biscuit Combo.

Re: Vaughan still cheering Tar Heels

cornbread — Thu, 12 Mar 2009 10:29:03 -0400

Nice sig

You are awarded a country ham biscuit even if the Tar Heels don't reach 100 points in a tourney game.

Re: Vaughan still cheering Tar Heels

ryanteaguebeckwith — Thu, 12 Mar 2009 10:15:59 -0400

May the gods of basketball forgive me.

They're still playing NCAA basketball, though.

— Psycho (R)T(B)

Re: Vaughan still cheering Tar Heels

ishley — Thu, 12 Mar 2009 09:56:51 -0400

You should make a caricature of Don Vaughan. He is colorful to say the least.

Re: Vaughan still cheering Tar Heels

cornbread — Thu, 12 Mar 2009 09:51:22 -0400

Even though you bait us sometimes, I'm biting this time.

It's the ACC tourney in Atlanta this weekend, not the NCAA.

High heresy.

Who's the next AG?

tobyport — Fri, 13 Feb 2009 10:12:26 -0500

If Cooper decides to run for Senate, will he resign as AG? And if he resigns, does the governor appoint a new AG or will a special election be called?