in court.
11. The failure on the audio of the tape to perform properly should not be held against the defendant.
12. Defendant's performance on the one leg stand was not perfect.
13. The defendant's speech and behavior at the scene and in court were similar.
14. Defendant's exit from his vehicle did not indicate impairment.
15. Defendant hindered the officer while being handcuffed.
16. The defendant's performance on the one leg stand and his breath odor were insufficient for the officer to request a breath test or to provide probable cause for an arrest for driving under the influence of alcohol.
17. The evidence presented
does not provide this Court with a reasonable basis to believe the defendant was under the influence of alcohol.
18. The Petition to Rescind the statutory summary suspension is granted.
---------------
What this is, for those of you who may not understand, is the Court ordering the State to give me back my driver's license. This piece of paper is mine, I own it, I've paid for it, it's from a few years back, and, at the time, belonged only to The Fifteen Percent you've never heard of, the Fifteen Percent being, of course, the fifteen out of one hundred charged with a D.U.I. in my state who beat it.
This charge cost me a night in jail and $400.00 bond, one month without my driver's license, $1,200.00 in legal fees, and $80.00 for a psychological evaluation.
What you see above is a classic example of what helps to drive a 'Lose, Lose, Lose' economy:
1. The State lost the Case.
2. The State lost my fair share of The Taxable Contribution for one month.
3. I lost $1,680.00 and a month's worth of personal earned income.
The true criminal?
Item 16. is the the true crime here:
16. The defendant's performance on the one leg stand and his breath odor were insufficient for the officer to request a breath test or provide probable cause for an arrest for driving under the influence of alcohol.
To my mind, changing a broken system, a broken America, starts not with stopping and arresting all the hard working, law abiding working class poor suspected of having a couple of beers on their way home after a hard day's work. Changing the system must start with law enforcement training that teaches these young cops that people are human, and they get tired, do human things, make honest mistakes, and that a tired middle aged fuck like me, having made it to within one house of his own driveway, probably isn't a danger to anyone else on the road [or my street] at that point, nor a danger to society.
My DUI, a "crime which I was later found innocent of, as well as my "resisting arrest" charge - cost me a night in jail, $1,200.00 in legal fees; a month without a drivers license; an $80.00 court-ordered psychological evaluation, and a $400.00 'resisting arrest' fine.
They kept my bail money [$400.00] because I was found guilty of the resisting arrest charge. Yet, I was found innocent of the DUI. This Supreme Court ruling has some major ramifications that will not stand the test of time.
To my mind, changing a broken system, a broken America, starts not with stopping and arresting all the hard working, law abiding working class poor suspected of having a couple of beers on their way home after a hard day's work. Changing the system must start with law enforcement training that teaches these young cops that people are human, and they get tired, do human things, make honest mistakes, and that a tired middle aged fuck like me, having made it to within one house of his own driveway, probably isn't a danger to anyone else on the road [or my street] at that point, nor a danger to society.
-
-The Rape of the New Sabine-
I see there the Conservative Supreme Court Justices standing up,standing by, like Wal-Mart greeters waiting to open the doors for the Corporations, [who do stride up] like Poe’s Red Death personified;
so alike;
so unlike the Burghers of Calais.
There is to be a Wedding today.
Lady Justice, stripped of sight and now stripped of all authority, is to marry.
She has been beaten into submitting, and in her forced surrender there will be a transfer of power.
Her Sword and Scales have been brought in for display, not as symbols of an ideal, but rather, as symbols of something won in war.
The hushed rumors outside are that she is already expecting, but knows not whom the father may be.
Such is the scene
After the rape of the new Sabine.
-------
This New Colossus
Give to me your wretched refuse, your tired, your poor,
Your huddled masses, your homeless, your tempest-tossed whore,
Always begging for more.
Then give to me my new colossus.
I like my conquering giants of yore,
Who so brazenly imprisoned, on their teeming shore,
Your Mother of Exiles
And then took evermore, evermore,
From behind that Golden Door
All the gold that they could store,
I like this.
Give me my new colossus.
Give to me my Supreme Corp.,
and lift your lamps nevermore.
Give to me your mighty torch
that imprisoned lightning.
Give to me your world-wide welcome
And your glowing command
with your silent lips.
I like this.
Open your sea-washed sunset gates.
Give to me my new colossus;
Open that door
And replace your heart
With a corporate core.
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