Can I legally have a (really just one) drink with dinner in MS? - Page 4
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Thread: Can I legally have a (really just one) drink with dinner in MS?

  1. #31
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    Quote Originally Posted by Treo View Post
    It's not that I disagree but i do wonder how often they do a BAT as part of an investigation of a shooting the wasn't obviously alcohol related. IOW if I had a beer w/ dinner 2 hours ago and then I shoot a mugger why would they do a BAT on me, unless I volunteer that I had one?
    I'll bet an anti-gun investigator or prosecutor would want to know everywhere you were and what you were doing before the shooting. If you were in a bar or restaurant that serves alcohol then you can bet your bottom dollar that they'd be all over that place - interviewing employees, checking your receipt if you paid with a credit card, etc.
    (Insert random tough-guy quote here)
    "See my gun?? Aren't you impressed?" - Anonymous sheepdog
    The hardware is the same, but the software is vastly different.

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  3. #32
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    Quote Originally Posted by B2Tall View Post
    I'll bet an anti-gun investigator or prosecutor would want to know everywhere you were and what you were doing before the shooting. If you were in a bar or restaurant that serves alcohol then you can bet your bottom dollar that they'd be all over that place - interviewing employees, checking your receipt if you paid with a credit card, etc.
    No you should know by now that I'm not going to be answering any questions until I speak to an attorney anyway and ,very likely, not then.So, how will the cops know?
    See, it's mumbo jumbo like that and skinny little lizards like you thinking they the last dragon that gives Kung Fu a bad name.
    http://www.gunrightsmedia.com/ Internet forum dedicated to second amendment

  4. #33
    Quote Originally Posted by Go99 View Post
    Even if it's legal, a prosecutor would have a hay day with the fact that you might have been impaired during a shooting incident. Sad, but true.
    THIS^^^^^
    If I am the prosecuting attorney, YOU are TOAST! - Not even ONE drink. Now you can do whatever you want.
    I wouldn't risk my life, freedom and assets over a single beer.
    Welcome to the forum.

    Psalm 82:3-5

  5. #34
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    Quote Originally Posted by Treo View Post
    No you should know by now that I'm not going to be answering any questions until I speak to an attorney anyway and ,very likely, not then.So, how will the cops know?
    I don't blame you for wanting an attorney present but don't you think "lawyering-up" is only going to pique their interest?? To a cop that's one of the things that make him/her go "Hmmmm....". Either way, if they think you've done something wrong they're gonna be up your wazoo for a while. You're going to have to answer questions at some point unless you want to be charged with murder or attempted murder. "None of your business" isn't going to cut it after shooting somebody. You're going to have to explain your actions if you expect to walk away.

    The bottom line for me is that if I go out drinking the gun stays locked in the truck and I go straight home afterwards.
    (Insert random tough-guy quote here)
    "See my gun?? Aren't you impressed?" - Anonymous sheepdog
    The hardware is the same, but the software is vastly different.

  6. #35
    Quote Originally Posted by NavyLCDR:247961
    Do YOU feel as if you are safe having one or two beers with dinner with car keys in your pocket and a vehicle in the parking lot? 29 people died every day in 2009 due to drunk driving crashes. Can we really trust that you won't go out and get in your car and drive because of your lack of self control after one or two beers at dinner? Or should we pass a law that you cannot enter a restaurant that serves alcohol with keys in your possession?
    To me this is not an issue of safety, but liability. The law sets a BAL for intoxication, but if I am drinking and under it and cause an accident, it is likely to effect my civil liability. Likewise, even if I am not legally intoxicated, but after defending myself witnesses can testify that they saw me drinking (or I have a measurable BAL), then I suspect it will affect my liability and culpability. Laws leave room for stupid **** - they aimed at minimum standards...smart folks don't decide how to behave based on them.

  7. #36
    Quote Originally Posted by NavyLCDR View Post
    I find it odd that it seems like more people would consider a man having a couple beers during a night out with his family to be more dangerous because he has a gun in a holster than a couple guys who enter a Dennys restaurant wearing masks on their heads and brandishing firearms.
    Where was this said? By whom? You like to point out inconsistancies in others stories then produce your own.

    If I see a guy throw back a couple of beers with dinner then get behind the wheel of a car my opinion will be the same as the guy that drinks with a gun on his hip. Either way it is a dumb decision.

  8. #37
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    Quote Originally Posted by B2Tall View Post
    I don't blame you for wanting an attorney present but don't you think "lawyering-up" is only going to pique their interest?? To a cop that's one of the things that make him/her go "Hmmmm....". Either way, if they think you've done something wrong they're gonna be up your wazoo for a while. You're going to have to answer questions at some point unless you want to be charged with murder or attempted murder. "None of your business" isn't going to cut it after shooting somebody. You're going to have to explain your actions if you expect to walk away.

    The bottom line for me is that if I go out drinking the gun stays locked in the truck and I go straight home afterwards.
    I don't drink at all so the alcohol portion of this discussion is academic to me anyway.

    You're going to have to explain your actions if you expect to walk away.

    what makes you think you're going to be walking away?

    As for the aftermath assuming I was acting in legitimate self defense to begin with I don’t really care about “piquing the interest” of the police. I imagine shooting someone would be quite enough to do that all by itself. The worst possible thing I could do is to start babbling and either say something I shouldn’t have said or say something I can’t remember later.

    Massad Ayoob (who is a cop himself BTW) recommends that you limit your speech to the police to the bare minimum before consulting an attorney. Keep it short, make an I’m the victim statement, ask for medical attention and tell the police you want to talk to your attorney before making a statement.

    If the police were really pressuring me to talk after that I’d get really concerned
    See, it's mumbo jumbo like that and skinny little lizards like you thinking they the last dragon that gives Kung Fu a bad name.
    http://www.gunrightsmedia.com/ Internet forum dedicated to second amendment

  9. Quote Originally Posted by Warbirds View Post
    If I see a guy throw back a couple of beers with dinner then get behind the wheel of a car my opinion will be the same as the guy that drinks with a gun on his hip. Either way it is a dumb decision.
    A set of car keys in the pocket of a guy drinking a beer is just an object in his pocket, nothing more. The gun in a holster on the belt of a guy drinking a beer is just an object on his belt, nothing more. Under the influence of an intoxicating drink or drug - to USE either of those objects, for purposes other than to defend life or prevent grave serious injury - is a dumb decision.

    The guys that don't see masked men brandishing firearms in a restaurant as a threat are here:
    http://www.usacarry.com/forums/conce...m-working.html

    Maybe if those masked criminals brandishing guns in the restaurant had a beer in the other hand, some more people would choose to take action against them :-).
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  10. #39
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    Quote Originally Posted by Treo View Post
    The worst possible thing I could do is to start babbling and either say something I shouldn’t have said or say something I can’t remember later.

    Massad Ayoob (who is a cop himself BTW) recommends that you limit your speech to the police to the bare minimum before consulting an attorney. Keep it short, make an I’m the victim statement, ask for medical attention and tell the police you want to talk to your attorney before making a statement.
    Your earlier assertation that you would not answer any questions led me to believe that....(drum roll please)...you would not be answering any questions. In that case I believe that you (or anyone else) would be taking a ride downtown.

    If I was involved in a SD shooting and had had a drink that evening then I certainly would do what you alluded to in your post - answer some questions that're related directly to the incident itself and nothing more. I certainly wouldn't clam-up completely. You'd be hard pressed to find a LEO that's just going to hand you his card after a shooting and say "Give me a call when you feel like telling me what happened here toight".
    (Insert random tough-guy quote here)
    "See my gun?? Aren't you impressed?" - Anonymous sheepdog
    The hardware is the same, but the software is vastly different.

  11. #40
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    Quote Originally Posted by B2Tall View Post
    Your earlier assertaion that you would not answer any questions led me to believe that....(drum roll please)...you would not be answering any questions. In that case I believe that you (or anyone else) would be taking a ride downtown.

    If I was involved in a SD shooting and had had a drink that evening then I certainly would do what you alluded to in your post - answer some questions that're related directly to the incident itself and nothing more. I certainly wouldn't clam-up completely. You'd be hard pressed to find a LEO that's just going to hand you his card after a shooting and say "Give me a call when you feel like telling me what happened here toight".
    I can't imagagine a shooting situation where you wouldn't be "taking a ride downtown" regardless of any questions you might , or might not, answer.

    Let me be very clear,

    "Officer, that man tried to kill me I had to defend myself." is about as much as the cop would get out of me regarding the shooting. After that "I'm sorry officer but I'm really freaked out right now, I think it's bet I talk to my lawyer before making any statement." and if at any time the police read me the Miranda I'm done then and there. "I have nothing further to say I want to speak to my lawyer."
    See, it's mumbo jumbo like that and skinny little lizards like you thinking they the last dragon that gives Kung Fu a bad name.
    http://www.gunrightsmedia.com/ Internet forum dedicated to second amendment

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