The Ambien made me do it! - Kennedy

[ComicBookFreak]

Thanks, pistol and ResIpsa, I appreciate the advice, and actually. I am in NC not Cali. I do understand laws differ from State to state tho. I really don't drive much anymore anyway, my wife won't let me.

CBF

[ResIpsa]

Originally Posted by pistol

Resipsa, great answer, and I'm not a lawyer (I majored in law though as an undergrad), so I will agree with you, but for argument's sake- his situation is that he is not putting anything into his body. Therefore, he couldn't be charged with DWI/DUI because he isn't under the influence of anything (what I meant by foreign substance). Logically (my logic!), it would be akin to falling asleep which would definetly open him up to some kind of negligent criminal/civil action, but he would not be under the influence of anything (which is the problem, he needs insulin). I'm not arguing with you, but I'm curious, law has always fascinated me and I've often thought about going back to school when I get out of the Army.

You're right, to a point. In Texas the violation is DUI (driving under the influence) In NY the violation is DWAI (driving while ability impaired) My ability can be impaired because I am too tired to drive, because I took too much aspirin, because someone punched me in the head and I'm disoriented from that and decided to get behind the wheel anyway. I haven't researched the issue, but I believe in NY people have been charged with DWAI for being too tired to drive. The issue is that you are impaired. period. This is different from DUI where the terminolgy used is "under the influence." This is all to point out that that is why you need to look at what the statute says, and how the courts have interpreted it.

[pistol]

Originally Posted by ResIpsa

You're right, to a point. In Texas the violation is DUI (driving under the influence) In NY the violation is DWAI (driving while ability impaired) My ability can be impaired because I am too tired to drive, because I took too much aspirin, because someone punched me in the head and I'm disoriented from that and decided to get behind the wheel anyway. I haven't researched the issue, but I believe in NY people have been charged with DWAI for being too tired to drive. The issue is that you are impaired. period. This is different from DUI where the terminolgy used is "under the influence." This is all to point out that that is why you need to look at what the statute says, and how the courts have interpreted it.

I completely agree, especially about the DWAI, but we don't have that staute where I live, so I was only thinking about the DUI/DWI aspect. Knowing the local laws is definetly the correct advice, thanks!

Originally Posted by Warhorse545

Once he said he was on his way to vote the police have to play by some very ridged rules. If he is on official business then he is immune from just about everything but felonies.


Stacey

You are, unfortunately, right on the money. They will NOT be able to charge him, cause reportedly, the first thing out of his mouth was that he was on "official" business. As such, he IS immune from police action unless a felony is involved.

Nice of congress to pass laws that only apply to themselves. Bunch of self serving bastages that should all have to deal with term limits so they get a dose of what us common folks have to deal with now and then. They are acting mightly like a bunch of noblemen that only the King can touch (sorry Lumpold)!!

[ResIpsa]

Originally Posted by SvilleKid

You are, unfortunately, right on the money. They will NOT be able to charge him, cause reportedly, the first thing out of his mouth was that he was on "official" business. As such, he IS immune from police action unless a felony is involved.

Nice of congress to pass laws that only apply to themselves. Bunch of self serving bastages that should all have to deal with term limits so they get a dose of what us common folks have to deal with now and then. They are acting mightly like a bunch of noblemen that only the King can touch (sorry Lumpold)!!

I'm just curious....was he actually on official business? Was there a vote taking place? What does the statute involved say regarding being on official business? I honestly don't know the answers to these questions, and whether or not he can be charged may hinge on those answers. If he is immune from prosecution while on official business, I assume the statute is worded in such a way that he must actually BE on official business to be afforded the protection of the statute.

Look at this:

Immunity:
(1) The constitutional privilege of members of Congress to make verbal statements on the floor and in committee for which they cannot be sued or arrested for slander or libel. Also, freedom from arrest while traveling to or from sessions of Congress or on official business. Members in this status may be arrested only for treason, felonies or a breach of the peace, as defined by congressional manuals.

from here: http://www.thecapitol.net/glossary/ghijk.htm

I may get flamed for splitting hairs, but the law is ABOUT splitting hairs. This says "freedom from ARREST while traveling to or from...." It says nothing about being charged after the fact.Quite possible that is already settled law or dealt with elsewhere, I just don't know enough about the subject to say.

[Warhorse545]

The point I was trying to make was that once he said he was on Official Biz, he is more or less off limits. They MIGHT be able to deal with it now and do something since he was not. But at the time, Once he said he was, the Police can't do much of anything on the spot. They are looking into the billing records for a couple of bars. So they still look like that are going to try and find somehting.



Stacey

[ResIpsa]

Originally Posted by Warhorse545

The point I was trying to make was that once he said he was on Official Biz, he is more or less off limits. They MIGHT be able to deal with it now and do something since he was not. But at the time, Once he said he was, the Police can't do much of anything on the spot. They are looking into the billing records for a couple of bars. So they still look like that are going to try and find somehting.
Stacey

You are correct, Sir

[pistol]

what a slimeball, you know? I mean come on, this is truly nauseating. I'm so disgusted that I'm really at a loss. Although, I can't say that I'm surprised in the slightest that a Kennedy would have the gall to pull a stunt like this.

[azherfer]

Ambien is some wicked stuff. I was on it for a month and it took me three days to withdrawl from it. Gave me some very vivid dreams. First night I went cold turkey, I sat on the edge of my bed for two hours, holding my eyeballs with my fingers trying to stop them from spinning. Wife was laughing her ass off.

[holdd]

apparently he has checked himself into rehab for addiction to pain meds or some such. there are also rumors he was seen at a local bar and had a tab there.....
what stinks about the whole thing is the fact that the supervisors for the capital police pulled the rank and file guys off and then gave him a ride home. Typical kennedy IMO.

[WooferBearATL]

Originally Posted by azherfer

Ambien is some wicked stuff. I was on it for a month and it took me three days to withdrawl from it. Gave me some very vivid dreams. First night I went cold turkey, I sat on the edge of my bed for two hours, holding my eyeballs with my fingers trying to stop them from spinning. Wife was laughing her ass off.

Yeah, I actually think that this is going to put a pretty big spotlight on Ambien. I saw a news story a few months ago about people sleep walking and even driving on Ambien a few months ago. I'm sure that this will probably bring up some of those issues again.

[zamco17]

O those crazy Kennedys!!!!

[WooferBearATL]

How funny.

Seems the news channels are doing profiles on the issues with Ambien now.

Didn't take long for that to take off.

[Throb]

Here in Florida a DUI reads, "...under the influence of an alcoholic beverage, chemical substance or controlled substance to the extent the persons normal faculties are impaired". Under Florida Law, his ass would have been mine. Sure, he may have blown .000 on an alcohol breath test (although I doubt it), but if the impairment seen by the arresting officer does not coincide with the breath test results, I can pull a urine sample, or in the case of serious bodily injury I can get a blood sample (and Florida Law states in cases of serious bodily injury or death, force can be used to gain a blood sample)

In 10 years of law enforcement, I have never run across immunity for politicians. I have arrested several, albeit low level, politicians for DUI.

His admission that he took Ambien, a schedule IV narcotic, would have been admissible in court as evidence AGAINST him. I just went to trial on a case where the kid was VERY high on Xanax and weed. His statement was, I can't arrest him for DUI because he had nothing to drink. He also stated and I quote, "You can't even charge me for the joint you found behind my ear (!) because I was under Xanax and it makes you forget stuff! I want you to put that in your f-ing report".

I had to ask him to slow down and repeat that, because I can't write that fast when I'm laughing.

[WooferBearATL]

Working as an Insurance Claims Rep, I can tell ya that Southern States take the driving while impaired thing a whole lot more seriously than the Northern areas.

Lord, ya best not be driving under the influence in Georgia at all. They'll string ya up.

In turn, when I lived in Ohio - if you were on the road and not impaired you would probably be sited. And heck, let's not even talk about Michigan!

But just in general, Politicians get away with murder. My Gawd! Can you imagine someone working in the real world getting away with the things they do?