3 ms·
This situation has been used as a DWI/DUI defense since the early 1990s - search for “candidiasis” in https://spaf.cerias.purdue.edu/Yucks/V1/msg00034.html http
by dmckeon 7y ago
This situation has been used as a DWI/DUI defense
since the early 1990s - search for “candidiasis”
in https://spaf.cerias.purdue.edu/Yucks/V1/msg00034.html https://spaf.cerias.purdue.edu/Yucks/V1/msg00034.html .
It is good to see both a differential test procedure,
and a treatment regime.
- mitchtbaum 7y agoray needs better defense https://www.youtube.com/watch?v=GDpmVUEjagg https://www.youtube.com/watch?v=GDpmVUEjagg
- userbinator 7y agothe prosecutor told the judge it didn't matter where vargas got the alcohol. the judge agreed and found him guilty.) Indeed, I believe the laws only say something about "under the influence of alcohol" and specific BAC, with nothing about where the alcohol came from.
- arkades 7y agoDifferent laws are written, variously, from the perspective of intention (mens rea), and others are known as "strict liability." Strict liability laws ask only whether the law was broken, and make no reference to the intent to break the law. A classic example here is statutory rape: being lied to about a partner's age is no defense, because the law asks only for the facts of the situation, not the intentions.
- eloff 7y agoIs there a case where strict liability laws are a better option? It seems like a bad thing to me that leads to less just outcomes. Case in point, whistleblowers are tried under the espionage act using strict liability. It doesn't matter why they did it, if it was harmful or beneficial, only that they did it or not.