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The Law Office of Patrick Lewis, LLC
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Fascinating press release from the National Traffic Safety Board.  It seems they recommend lowering the per se blood alcohol level for driving under the influence from the current standard of .08% to .05%.  This would make it basically impossible for a medium to smaller person to have more than one drink before driving without violating the law.  Now nobody wants people driving around who cannot safely handle their car but this is getting a bit absurd.  There is no reason supported by any research that such a lowering would make the roads any safer.  There is simply no evidence that a person drives less safely at .08% than at .05% bac.  This is yet another symptom of the nanny state stepping in to protect everybody as though we are all children.  Obviously they will not stop until the limit is any alcohol at all makes a person dui.  Then they will start trying to control how much a person drinks when he is not driving.  Where will it all end?

There is a move in Topeka to introduce legislation changing the way we put people on the Court of Appeals.  Currently a committee interviews applicants and then makes recommendations, usually three, to the Governor.  The Governor then chooses from among them.  Each member of the Court of Appeals sits for retention every four years.  If the people don't like his job performance they can vote him out by a simple majority.  The proposed legislation has not been made public yet but is expected by week's end.   With little doubt it will either be direct elections, probably partisan, or a method giving the Governor much more say in the matter.  

People regularly ask if the criminal courts close down for weather events.  As it is with so many legal topics the answer is locally determined.  In someplaces maybe, but in Kansas almost never.  I think I have seen court closed for weathere once in twenty years.  The judges believe, perhaps correctly, that if they were to cancel court everyone who was supposed to appear in court would never know when they are rescheduled for.  No, the usual procedure is to hold court and then be understanding if a large percentage of defendants either don't make it or are running late.
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