Florida's Dishonest DUI Law FSS 316.193
During the 1980 federal election campaign, DUI was a crime in focus by politicians. The public was tired of reading story after story about “drunk drivers hitting people and causing mayhem on our nation's highways”, as one politician put it.
Therefore, DUI punishments were increased and the Florida legislature made conviction easier. For the next four plus decades, every time the defense found a winning argument it was erased by the next legislative session.
Drug War Hysteria: The Dealer get a harsher sentence
Len Bias was an up and coming basketball player who died on the court after consuming cocaine prior to competing the next day. According to reports, he consumed a startling amount of pure cocaine. Thus at the same time legislators around the country were focused on drinking an driving, the “crack epidemic” was also supposedly raging.
Drug law works like this:
1) The primary purpose of sentencing is punishment, not rehabilitation.
2) A person possessing cocaine in a small amount can get up to five years in prison.
3) A person possessing a larger amount is charged with possession with intent to distribute, which carries a maximum of fifteen years.
4) A person trafficking in cocaine is subject to various periods of incarceration up to life.
The Alcohol Trafficker suffers NO PENALTY AT ALL!
None of the above applies to DUI law. In order for a restaurant or bar to be liable, the State must prove the person was “visibly intoxicated”. Think, “speaking in tongues” drunk. Thus the bar or restaurant can serve someone five drinks with 1.5 ounces of alcohol, know they are over the legal limit yet have no duty to take the keys.
As you are reading this, someone is being liquored up and will be legally aimed at unsuspecting drivers. In the example above, you don't need to know someone's alcohol tolerance, their weight, or anything else: no one is safe to drive after 7 1/2 shots of alcohol over dinner. Yet impaired drivers are aiming for you every day, courtesy of Florida's political predator class who happily took donations in order to play you, the regular, everyday voter, for a fool.
For those of us in the real world, this means that bar and restaurant owners paid off legislators around the country and especially in Florida in order to aim impaired drivers at the rest of us seven days a week.
Drugs are bad, but alcohol traffic injuries and deaths are not so bad…
The dishonesty within Florida's DUI law truly makes me burn with anger: most people don't know they've been played for fools for over forty years. Day after day, people are humiliated in courts while alcohol drug dealers skate away.
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