All Discussions Tagged 'discriminates' - 12160 Social Network2024-03-29T00:34:22Zhttps://12160.info/forum/topic/listForTag?tag=discriminates&feed=yes&xn_auth=noMan with four drunk driving convictions actually argues DWI law discriminates against alcoholicstag:12160.info,2018-02-13:2649739:Topic:17516222018-02-13T00:42:20.806ZParrhesiahttps://12160.info/profile/DianaLovell
<p>A Texas man with four driving-while-intoxicated convictions attempted to overturn his four-year prison sentence by arguing that the state’s legal limit for drivers’ blood-alcohol level discriminates against alcoholics, the Austin American-Statesman reported.<br></br>Ralph Alfred Friesenhahn of San Antonio insisted that the 0.08 blood-alcohol concentration limit for Texas drivers doesn’t account for frequent drinkers’ higher alcohol tolerances, the paper said, adding that a “protected class of…</p>
<p>A Texas man with four driving-while-intoxicated convictions attempted to overturn his four-year prison sentence by arguing that the state’s legal limit for drivers’ blood-alcohol level discriminates against alcoholics, the Austin American-Statesman reported.<br/>Ralph Alfred Friesenhahn of San Antonio insisted that the 0.08 blood-alcohol concentration limit for Texas drivers doesn’t account for frequent drinkers’ higher alcohol tolerances, the paper said, adding that a “protected class of alcoholics” can be prosecuted — and without having to prove that they lost control of their mental or physical abilities.<br/>How did the appeals court rule?<br/>Austin’s 3rd Court of Appeals said in an opinion issued Friday that state law isn’t unfair to alcoholics because it applies to all drivers equally, the American-Statesman reported.<br/>Friesenhahn also failed to show evidence that alcoholics are protected under the Americans With Disabilities Act, Justice Cindy Olson Bourland said in her opinion, the paper noted.</p>
<p>What’s the background of the case?<br/>Friesenhahn was arrested after a 2016 single-car rollover accident, and tests showed a blood-alcohol concentration of .29 — over 3.5 times the legal limit, the American-Statesman reported.<br/>His attorney, Gina Jones, wanted Friesenhahn’s indictment thrown out, arguing that the legal driving limit discriminated against alcoholics, the paper said, but District Judge Jack Robison denied the request.<br/>Friesenhahn was convicted of felony DWI in relation to alcohol-related convictions in 1985, 1990 and 1998, the American-Statesman reported, but Jones made the same argument during the appeal process, culminating in Friday’s decision.<br/>How did another official react?<br/>Sammy McCrary, chief of the felony division for the Comal County criminal district attorney’s office, told the paper that suggesting state law treats alcoholics differently is ridiculous and misleading.<br/>“You’re not being punished for being an alcoholic. It’s the driving that’s the problem,” McCrary told the American-Statesman. “It’s making the decision to get into a 3,000-pound vehicle ...after drinking."</p>
<p> <a href="https://www.theblaze.com/news/2018/02/12/man-with-four-drunk-driving-convictions-actually-argues-dwi-law-discriminates-against-alcoholics">https://www.theblaze.com/news/2018/02/12/man-with-four-drunk-driving-convictions-actually-argues-dwi-law-discriminates-against-alcoholics</a></p>
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