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Old January 21, 2010, 04:26 PM   #22
Al Norris
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,549
OK. Time for a little data.

I'm sure you are all aware that guns are sacrosanct in the State of Idaho, yes?

In one of the 2 cases that I have the data on, the defendant claimed self-defense in the home. At the scene, an officer noticed an empty beer can on his coffee table and asked the defendant to blow in the tube. He blew .04. He claims that he only had 2 beers in a roughly 3 hour period.

At the trial, the prosecutor slammed him with the fact that in three hours, there was no way his BA would go as high as .04. The prosecutor also claimed that because of the alcohol consumption, his judgment could not be trusted. He was impaired and regardless of anything else, had he been sober, what happened would have turned out different.

The jury hung him out to dry (pun intended). Voluntary Manslaughter - 5 to 15 years.
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