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Request for Help - DWI

22 Feb. 2012 Posted by brian in Courts

We recently received this email:

I am accused of a dwi4. I was stupid and did not know my rights and pled out of the first three. I received my fourth one just because of my record.

I was not even in my car did not get pulled over and didn't even take a intoxicant until in the store. The burden of proof is supposed to be on the state, but since I denied my implied consent law. It has been put on me. They are saying it is a admission of guilt.

I need your help. I am being punished with double jeopardy with a suspended license by the DFA and looking at a 6-year sentence as well. I have no violent past.

In Arkansas a case not be dismissed by law only a verdict of guilt or not guilt. I feel violated by this court system suppressing me. I have lost my job and with this felony if found guilty will never find a descent job again. Even if found guilty. If I could change this bad system of ours it would be worth it.

We receive requests like this from time to time, but we are not really designed to help. I responded with this note:

I understand your pain. The DWI laws are horrible all over the place. The implied consent rules are clearly unconstitutional, but they've been in place for so long that they have the power of law. Plus, most people like them because they think it keeps the drunks off the street.

Unfortunately, the CD Evolution Fund can not get involved in cases such as yours. First of all, we are limited to New Hampshire activists. Second, there needs to be a clear component of civil disobedience in your case.

There are liberty-friendly people in the New Hampshire legislature who are working on changing the laws on the books so that police don't have as much power to prosecute peaceful people. Unfortunately, the drunk-driving laws are pretty far down on the list of priorities just because most people in the state feel that they are needed, and most people don't think it affects them.

So the only advice I can give you is that you try to move to New Hampshire and work with us to create a society where the maximum role of government is the protection of life, liberty, and property.


Submitted by Nicholas Bruder (not verified) on Fri, 03/02/2012 - 21:13 #

Whoooo! Had me scared there for a second! I thought the fund was going to support a DWI suspect.

Don't get me wrong, I think that the DUI statistics are questionable and I disagree with the specific measures taken by the state to supposedly prevent DUI, but driving drunk is bad and not an act of civil disobedience.

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