My city advertises the check points too. I don't understand it.

On my way to Lowes this evening I passed an electronic bilboard that flashed the following message "The Rapid City Police Department has made 242 DUI arrests since Jan 1, 2008" Rapid City has a population of around 60,000. That is one sad statistic. Maybe we need a bit of Texas Law up here.

In short, most states laws are two lenient. Texas has it right. 21dui's and probation, c'mon people.

the advertising gets around this issue

U.S. Constitution: Fourth Amendment

Fourth Amendment - Search and Seizure

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

to be stopped and checked without probable cause is illegal
but the advertising side steps the constitution

by supposedly making it public knowledge that the gestapo
will be there

i am against drinking and driving but

how many rights are we to give up to prevent it

i can understand bn tough on dui offenders


but 25 yrs is a bit much

maybe 5 after the first one if over 1.0 that is 25%over the legal limit but if barely over no i don't think so

now if there was a accident

then maybe 8-10

if a death 15-25

but who knows the whole story

amazing how different it is around the country arround here I think we lead the country in DUI arrests public intox........heck I hear all the time come up on vacation leave on probation

In Mo. now if you kill someone while drinking it has been changed from manslaughter to 2nd degree murder..Miles

it should be over turned on appeal

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MURDER, SECOND DEGREE - In order for someone to be found guilty of second degree murder the government must prove that the person killed another person; the person killed the other person with malice aforethought; and the killing was premeditated. Note that the elements are identical with those for 1st degree murder. The practical difference is the sentences are different. Which crime to charge is usually entirely up to the prosecutor¼s discretion.

http://www.lectlaw.com/def2/m054.htm

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malice and forethought and the big one premeditation

although they may (key word may no one knows anothers thoughts for sure) that they could be involved in a collision and there is a possibility of a death occuring in said collision

they did NOT predetermine that they were going to get in said collision

nor could they know who said collision would be with nor that
said person would die

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Thats because it was most likely a crime of passion. You get a lot less time for those.

I believe that is incorrect.

Second-degree murder is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion" or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between first-degree murder and voluntary manslaughter.

http://criminal.findlaw.com/crimes/a-z/murder_second_degree.html

https://www.revisor.leg.state.mn.us/statutes/?id=609.19

http://legal-dictionary.thefreedictionary.com/second+degree+murder

I was always taught second degree is not premeditated. Thats also what most reffs say. Any law students or lawyers around lol.

well i posted the site

i guess then you should tell them

http://www.lectlaw.com/def2/m054.htm

I saw the site, I think its incorrect. I have 2 law dictionary sites and the MN state law site. Every place I looked other than that sight states what I posted. Thats why I asked for a lawyer or law student.

it appears that because murder is a state mandated crime

the definitions vary

the site i used appears to ba az law

by the looks of it

Missouri Revised Statutes
Chapter 565
Offenses Against the Person
Section 565.021

August 28, 2007


Second degree murder, penalty.

565.021. 1. A person commits the crime of murder in the second degree if he:

(1) Knowingly causes the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person; or

(2) Commits or attempts to commit any felony, and, in the perpetration or the attempted perpetration of such felony or in the flight from the perpetration or attempted perpetration of such felony, another person is killed as a result of the perpetration or attempted perpetration of such felony or immediate flight from the perpetration of such felony or attempted perpetration of such felony.

2. Murder in the second degree is a class A felony, and the punishment for second degree murder shall be in addition to the punishment for commission of a related felony or attempted felony, other than murder or manslaughter.

3. Notwithstanding section 556.046, RSMo, and section 565.025, in any charge of murder in the second degree, the jury shall be instructed on, or, in a jury-waived trial, the judge shall consider, any and all of the subdivisions in subsection 1 of this section which are supported by the evidence and requested by one of the parties or the court.

this if the law in question

and with it stated this way should be overturned on appeal

Here in Rapid City we had the DWI King. He had somewhere between 21 and 27 DWIs. Every time he got out of jail he got loaded and got in a car. The last time they finally put him away for a long time.

We also had a lady who was under the influence go up on the sidewalk and hit 3 kids on bikes last year.

People want to moan and complain that 25 years is too long, well if you can't do the time don't do the crime. He chose to drink and then drive, he could have made other choices.

For stiff penalties, check out Finland. First offense is 1 year in jail and lifetime loss of drivers license.

DUI, DWI & Criminal Legislation in Missouri

Second degree murder, penalty , section: 565.021

Substantive DUI/Excess Alcohol Offense, Second degree murder, penalty

1. A person commits the crime of murder in the second degree if he:

(1) Knowingly causes the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person; or

(2) Commits or attempts to commit any felony, and, in the perpetration or the attempted perpetration of such felony or in the flight from the perpetration or attempted perpetration of such felony, another person is killed as a result of the perpetration or attempted perpetration of such felony or immediate flight from the perpetration of such felony or attempted perpetration of such felony.

2. Murder in the second degree is a class A felony, and the punishment for second degree murder shall be in addition to the punishment for commission of a related felony or attempted felony, other than murder or manslaughter.

3. Notwithstanding section 556.046, RSMo, and section 565.025, in any charge of murder in the second degree, the jury shall be instructed on, or, in a jury-waived trial, the judge shall consider, any and all of the subdivisions in subsection 1 of this section which are supported by the evidence and requested by one of the parties or the court.

Comments : Missouri DUI / DWI / BAC DRUNK DRIVING DEFENSE

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i do not see how they can use this definition on dui

but maybe an appeal to the top will tell?????

they also have a manslaughter penalty

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list of mo dui offenses and possible penalties

http://www.lawyers.ca/international/statesections.asp?state=Missouri

Does anyone else think about the insanity of it all? I live in rural Wisconsin, there's a bar on almost every corner, no buses no taxis, the lots are full of cars. How are these people getting home? Does't take a rocket scientist to figure it out. I am going out tonight to a place a few blocks from my friends house. I will drink as much as I want (probably 2-3 rum & cokes) then WALK to her place to sleep. Tomorrow I am going to a bar 30 miles away. I have no place to stay there so I will drink PLAIN COKE. The desision is made. It's called responsability.

well i am not advacting dui but the penalty should fit the crime

you should not get 25 years for dui

if you only get 7 for multiple armed robberies

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(CBS) Five years ago, a security camera captured a dramatic holdup at a convenience store in Texas. It turned out to be the first of a series of five store robberies pulled off by a well-organized gang.

The holdups didn’t make much news for residents in the community, until the gang members were finally caught and their identities revealed. Correspondent Erin Moriarty reports. Four teenage girls were moonlighting as armed robbers, and they were all middle- and upper-class high school students living in Kingwood, an affluent area of Houston. They had boastfully called themselves “The Queens of Armed Robbery.”

Judge Mark Ellis says he had never faced defendants quite like these in his court: “The first thing I thought when I saw them is that they were drug addicts … part of the reason the crimes were being committed was to get money for dope.”

Lisa Warzeka, 17, a gifted athlete with hopes for a college scholarship, was the last person you’d ever expect to commit a robbery. When 48 Hours first met her, more than four years ago, she was facing trial for robbery.

Now, she’s 21 and more than halfway through the seven-year prison sentence she received for armed robbery.

http://www.cbsnews.com/stories/2004/03/30/48hours/main609390.shtml

that is good logic

put the punishment hould fit the crime

a gang of 4 women robs at least 4 convienant stores

and get 7 years (in texas)

now why

a dui 25 years

or 4 armed robberies 7 years

which crime is worse

obviously the dui right

This is not something new. Everyone knows what could happen if they drink and get behind the wheel of an automobile BEFORE they have the first drink. The taking of life is the taking of life. I find it completely wrong that so many are so harsh on firearms yet expect compassion for those who wipe out, or could potentially wipe out a schoolbus with their just as deadly metal projectile they are driving