Rick
2010-03-03 18:21:40 UTC
Dateline Missoula March 3, 2010.
A street kid from around Missoula was out and about the bars on
Higgins Street Monday evening, and came upon 3 big University sports
players surrounding and harassing a smaller weaker guy. Being the good
samaritan type, he immediately interposed himself in the intense
situation and proceeded to talk to them for 45 minutes until 5 police
arrived.
One of the policemen took him aside and badgered him with threatening
body and voice behaviors. The kid was really scared. The policeman
wanted to find out if this kid knew the identities of the participants
of the situation, but the kid didn't. Then, the policeman switched
tactics and because they were outside a bar, demanded that the kid
take a "breathalyzer test." When the kid "no", because he hadn't had
antyhing to drink, the policeman said that it was to bad "the city
hadn't given him the power to write the kid a $300 ticket for
refusing." But, he brightened, I can give you a ticket for Minor in
Possession (M.I.P.), instead. So he gave the kid the ticket. The kid
had nothing in his possession and was taken before a City Judge, where
he pleaded "not guilty with Jury Trial." The judge released him on his
own recognizance.
I talked to the kid yesterday and he was very upset and didn't know
what he was going to do. The criminal M.I.P. offense carries a fine
but no jail time, so he is S.O.L. getting a state public defender. I
suggested he go to legal aid and ask for their help. I will try to
keep you informed as his "case" progresses.
Dateline March 22, 2010...
The City of Missoula will take up legislation on this date to Consider
an ordinance amending Missoula Municipal Code Title 10, entitled
"Vehicles and Traffic," by adding Chapter 56 entitled "Refusal to
submit to alcohol
and/or drug tests" and enacting sections 10.56.010 through 10.56.030.
Passing this ordinance will allow City police to give a $300 ticket to
"anyone" refusing alcohol and/or drug tests demanded by the police.
This ordinance will violate Our Right to Privacy (Art. ll - Section
Sec. 10, MT Const.); Our Individual Dignity (Art. ll - Section Sec. 4,
MT Const.); Our Individual Dignity (Art. ll - Section Sec. 4, MT
Const.); as well as other Rights Unemnumerated (Art. ll - Section Sec.
34, MT Const.).
So why is the Missoula City Council doing this instead of exploring
programs to help their constituents with alcohol dependency? Alcohol
is a Drug — the most commonly used and widely abused psychoactive drug
in the world. It is completely legal and easily and readily available
and alcohol is a disease — a chronic, progressive, fatal disease if
not treated. And, Every year, more money is spent promoting the use of
alcohol than any other product. So why isn't Our City Council doing
more to combat the effects of alcoholism?
One answer is to look at ALL the revenue that various levels of
government receive from the sale and promotion of alcohol and related
products. Now, go ahead and ask yourself and ask your City Councilors,
what will this new $300 ticket do to combat alcoholism? If the City
Council is so concerned, why don't they just ban the sale and/or
consumption of alcohol in the City? It is a Dangerous Drug after all.
As always, Think about it and I’d like to encourage your comments
about this important topic. Please feel free to ask your City
Councilor, County Commissioner for their stand on this important
issue.
Rick Gold
Missoula, MT
http://mtlegal.blogspot.com/
http://mtlegal.wordpress.com/
A street kid from around Missoula was out and about the bars on
Higgins Street Monday evening, and came upon 3 big University sports
players surrounding and harassing a smaller weaker guy. Being the good
samaritan type, he immediately interposed himself in the intense
situation and proceeded to talk to them for 45 minutes until 5 police
arrived.
One of the policemen took him aside and badgered him with threatening
body and voice behaviors. The kid was really scared. The policeman
wanted to find out if this kid knew the identities of the participants
of the situation, but the kid didn't. Then, the policeman switched
tactics and because they were outside a bar, demanded that the kid
take a "breathalyzer test." When the kid "no", because he hadn't had
antyhing to drink, the policeman said that it was to bad "the city
hadn't given him the power to write the kid a $300 ticket for
refusing." But, he brightened, I can give you a ticket for Minor in
Possession (M.I.P.), instead. So he gave the kid the ticket. The kid
had nothing in his possession and was taken before a City Judge, where
he pleaded "not guilty with Jury Trial." The judge released him on his
own recognizance.
I talked to the kid yesterday and he was very upset and didn't know
what he was going to do. The criminal M.I.P. offense carries a fine
but no jail time, so he is S.O.L. getting a state public defender. I
suggested he go to legal aid and ask for their help. I will try to
keep you informed as his "case" progresses.
Dateline March 22, 2010...
The City of Missoula will take up legislation on this date to Consider
an ordinance amending Missoula Municipal Code Title 10, entitled
"Vehicles and Traffic," by adding Chapter 56 entitled "Refusal to
submit to alcohol
and/or drug tests" and enacting sections 10.56.010 through 10.56.030.
Passing this ordinance will allow City police to give a $300 ticket to
"anyone" refusing alcohol and/or drug tests demanded by the police.
This ordinance will violate Our Right to Privacy (Art. ll - Section
Sec. 10, MT Const.); Our Individual Dignity (Art. ll - Section Sec. 4,
MT Const.); Our Individual Dignity (Art. ll - Section Sec. 4, MT
Const.); as well as other Rights Unemnumerated (Art. ll - Section Sec.
34, MT Const.).
So why is the Missoula City Council doing this instead of exploring
programs to help their constituents with alcohol dependency? Alcohol
is a Drug — the most commonly used and widely abused psychoactive drug
in the world. It is completely legal and easily and readily available
and alcohol is a disease — a chronic, progressive, fatal disease if
not treated. And, Every year, more money is spent promoting the use of
alcohol than any other product. So why isn't Our City Council doing
more to combat the effects of alcoholism?
One answer is to look at ALL the revenue that various levels of
government receive from the sale and promotion of alcohol and related
products. Now, go ahead and ask yourself and ask your City Councilors,
what will this new $300 ticket do to combat alcoholism? If the City
Council is so concerned, why don't they just ban the sale and/or
consumption of alcohol in the City? It is a Dangerous Drug after all.
As always, Think about it and I’d like to encourage your comments
about this important topic. Please feel free to ask your City
Councilor, County Commissioner for their stand on this important
issue.
Rick Gold
Missoula, MT
http://mtlegal.blogspot.com/
http://mtlegal.wordpress.com/