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I betcha South Dakota has a generic "driving while impaired" law in the vehicle code. Part of the general sets of rules most states agree to post. Intended as a catch all to cover other drugs besides alcohol, as well as epileptic siezures, and any other obvious impairment. Which would make it illegal to operate a motor vehicle if a diabetic coma threatens.



Of course, I don't know whether the SDVC actually has such a rule, though many states do.



In the days before MADD began raising Hell, people would actually use "well, I'd had a few drinks" as an excuse, not that it would necessarily get them very far off the hook. (I can't imagine Janklow being an enthusiastic supporter of MADD policies in any case, though; too much meddling by do-gooder *****es who should stay home and keep quiet..)
 

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So you've got a prosecutor who lost a similar trial and a defense attorney who really doesn't do criminal work. Bet that'll be a great trial. Can't wait. Thanks, Kobe Bryant, Michael Jackson, and Phil Spector, for taking up all the good lawyers. At least Court TV ought to get something out of this.
 

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The Toad
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Well, why not? If a slick lawyer can get people off for all kinds of phony dimished capacity defenses, then why not try? Remember the 'twinkie defense'. Jackloff's brain chemicals went out of balance. It's not his fault!



 

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This guy's got more twists and turns than a fish on a hook

Here's some free advice Mr. Janklow, you played the game and set your own rules, apparently for most of your life. Now your stupidity has cost an innocent man HIS life, at least be a man yourself and own up to it.
 

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Well the twinkie defense won't work.

Also if Janklow attempts to argue that this was some sort of one time freak occurence, the prosecutor should be able to bring in evidence that would tend to demonstrate the accident was a part of a pattern e.g. his driving record.

I do expect some sort of pity defense, though. He's a politician and therefore thinks he has charisma...I suspect that he thinks if he just takes his story to the people, he can sell it...also in politics the contrition/pity act can work well...although it's usually not over killing someone...dunno how well it will play in court.
 

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So if he's guilty he should become someon'e dance partner in the Federal Pen - no country club for this guy. If he isn't guilty they should take away his driving privilages since it seems he isn't fit to drive and he should be forced to provide community service and be Mrs. Scott's butler. Oh - and methinks his days as a congressman should end regardless of the decision. This guy couldn't tell a straight story if his life depended on it - which it SHOULD in this case...
 
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