Legislators Vote Themselves Exempt From DUI Arrest

danarhea · 02-07-10, 04:57 PM

Quote:

From the Denver Police Department Operations Manual:

205.07. Violations by Colorado Legislators.
(1) Pursuant to Article 5, section 16 of the Colorado Constitution, no member of the Colorado General Assembly may be arrested while in route to or from legislative sessions, except for treason or felony violations..
(4) In the absence of felony violations, should an officer have reason to believe a legislator is driving under the influence, the officer may cite for a violation which caused an accident or was the reason for a traffic stop. For the safety and welfare of the public and the legislator, the officer will arrange for other transportation for the legislator and his/her vehicle will be parked and locked

You know there has always been a favoritism when it comes to so-called upstanding members of many communities when it comes to enforcing DUI laws. Those exemptions, for the most part, have been unsaid, just practiced. Lately, though, it seems that some of the more upstanding members of society are blatantly looking for ways to circumvent DWI laws so that they don't apply to them.

Here is the way I see it. DWI laws are harsh, very harsh. I'm OK with that. What I am not OK with is the law being applied unevenly. If those who make the laws want to make them harsh, then those laws had better apply to them too.

At least, in Houston, there is not that much favoritism going on. Hanging judge, Jimmy Duncan, who gave long jail sentences to even first time DWI offenders, was himself arrested for DWI. So was the president of MADD. At least the cops here don't cut any slack to anyone, and that is how it should be. Colorado could learn a lesson from that.

Article is here.

jamesrage · 02-07-10, 05:01 PM

This is why politicians should be forced to read out loud in front of tv any time they write a bill, add an amendment or remove an amendment and explain what it is in layman's terms and why we need this bill and to post it online several days before voting for it..

Winnb · 02-07-10, 05:47 PM

I'm no fan of politicians, but this law isn't terrible. It just keeps politicians from being arrested on their way to work if they do something while driving to work. The Officer can still give the pol a citation and he has to arrange for other transportation for the pol. And they are not exempt from felony violations.

Now granted if this were you or I driving the car they'd slap the cuffs on our drunk ass and throw us in a cell.

I believe our legislators in DC have this same law which "protects" them on their way to work. It doesn't mean they're innocent, they can still be charged and convicted, they just can't be detained on their way to the office.

Quote:

(1) Pursuant to Article 5, section 16 of the Colorado Constitution, no member of the Colorado General Assembly may be arrested while in route to or from legislative sessions, except for treason or felony violations..

(4) In the absence of felony violations, should an officer have reason to believe a legislator is driving under the influence, the officer may cite for a violation which caused an accident or was the reason for a traffic stop. For the safety and welfare of the public and the legislator, the officer will arrange for other transportation for the legislator and his/her vehicle will be parked and locked

Hoplite · 02-07-10, 08:44 PM

Quote:

Originally Posted by jamesrage

This is why politicians should be forced to read out loud in front of tv any time they write a bill, add an amendment or remove an amendment and explain what it is in layman's terms and why we need this bill and to post it online several days before voting for it..

This may sound like a great idea, but I assure you it goes terribly wrong. In California, we have a system whereby voters can essentially over-ride law makers through ballot initiatives or "propositions". Most of what our law makers do is voted on by the people which sounds swell but you end up with people staring at bills designed to raise money to PAY for all the nice new schools and streets we voted for last election cycle.

People see "tax", get scared, vote no. Also, if they dont completely understand a bill, voters will often simply vote no. This means we often wind up with serious budget problems because all the ways we PAY for what we vote for have been voted down.

There IS such a thing as too much democracy.

Lord Tammerlain · 02-07-10, 08:47 PM

Quote:

Originally Posted by Hoplite

This may sound like a great idea, but I assure you it goes terribly wrong. In California, we have a system whereby voters can essentially over-ride law makers through ballot initiatives or "propositions". Most of what our law makers do is voted on by the people which sounds swell but you end up with people staring at bills designed to raise money to PAY for all the nice new schools and streets we voted for last election cycle.

People see "tax", get scared, vote no. Also, if they dont completely understand a bill, voters will often simply vote no. This means we often wind up with serious budget problems because all the ways we PAY for what we vote for have been voted down.

There IS such a thing as too much democracy.

An effective change would be to require any bill have included in it how it is to be funded

samsmart · 02-07-10, 08:53 PM

Quote:

Originally Posted by Winnb

I'm no fan of politicians, but this law isn't terrible. It just keeps politicians from being arrested on their way to work if they do something while driving to work. The Officer can still give the pol a citation and he has to arrange for other transportation for the pol. And they are not exempt from felony violations.

Now granted if this were you or I driving the car they'd slap the cuffs on our drunk ass and throw us in a cell.

I believe our legislators in DC have this same law which "protects" them on their way to work. It doesn't mean they're innocent, they can still be charged and convicted, they just can't be detained on their way to the office.

Considering ALL the hell that people who use drugs get into AFTER they get convicted of a drug crime, I find it HIGHLY unethical for politicians to vote themselves exempt from drug laws.

If we passed laws that required politicians to undergo random drug testing, you'd quickly find politicians lobbying against them, even though many politicians vote for anti-drug legislation just to be seen as "tough on crime" when election time comes.

Politicians should be just as culpable under the laws as the constituents they pass legislation for. Anything less turns politicians from civil servants to privileged nobility.

Winnb · 02-07-10, 09:07 PM

Quote:

Originally Posted by samsmart

Considering ALL the hell that people who use drugs get into AFTER they get convicted of a drug crime, I find it HIGHLY unethical for politicians to vote themselves exempt from drug laws.

If we passed laws that required politicians to undergo random drug testing, you'd quickly find politicians lobbying against them, even though many politicians vote for anti-drug legislation just to be seen as "tough on crime" when election time comes.

Politicians should be just as culpable under the laws as the constituents they pass legislation for. Anything less turns politicians from civil servants to privileged nobility.

I don't think they voted themselves exempt from drug laws. Unless I missed that part? Which is possible.

From what I read it says pols are not exempt from felony charges.

Jerry · 02-07-10, 09:10 PM

Quote:

Originally Posted by danarhea

You know there has always been a favoritism when it comes to so-called upstanding members of many communities when it comes to enforcing DUI laws. Those exemptions, for the most part, have been unsaid, just practiced. Lately, though, it seems that some of the more upstanding members of society are blatantly looking for ways to circumvent DWI laws so that they don't apply to them.

Here is the way I see it. DWI laws are harsh, very harsh. I'm OK with that. What I am not OK with is the law being applied unevenly. If those who make the laws want to make them harsh, then those laws had better apply to them too.

At least, in Houston, there is not that much favoritism going on. Hanging judge, Jimmy Duncan, who gave long jail sentences to even first time DWI offenders, was himself arrested for DWI. So was the president of MADD. At least the cops here don't cut any slack to anyone, and that is how it should be. Colorado could learn a lesson from that.

Article is here.

Well you know what they say...."they're going to do it anyway"

samsmart · 02-07-10, 09:14 PM

Quote:

Originally Posted by Winnb

I don't think they voted themselves exempt from drug laws. Unless I missed that part? Which is possible.

From what I read it says pols are not exempt from felony charges.

Unless I'm mistaken, Driving While Intoxicated can include intoxicated by drugs as well as intoxicated by alcohol or other substances.

Winnb · 02-07-10, 09:19 PM

Quote:

Originally Posted by samsmart

Unless I'm mistaken, Driving While Intoxicated can include intoxicated by drugs as well as intoxicated by alcohol or other substances.

Yeah, but that doesn't prevent them from being charged and arrested later. It just means they can't be arrested on their way to work. It's not a get out of jail free card. It's just a you-can't-arrest-me-on-the-way-to-work card.

02-07-10, 05:01 PM	#2
jamesrage Sage Join Date: Jul 2005 Last Seen: Yesterday 09:20 PM Location: A place where common sense exist Posts: 10,017 Thanks: 4,802 Thanked 1,787 Times in 1,151 Posts Lean: Very Conservative Gender: Total Awards: 1	Re: Legislators Vote Themselves Exempt From DUI Arrest This is why politicians should be forced to read out loud in front of tv any time they write a bill, add an amendment or remove an amendment and explain what it is in layman's terms and why we need this bill and to post it online several days before voting for it..
	__________________ The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government. Thomas Jefferson

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