Comments on: Arizona DUI Stupidity http://brownandlittlelaw.com/blog1/2009/07/07/arizona-dui-stupidity/ An Arizona Criminal Defense Blog Wed, 24 Feb 2010 19:27:59 +0000 http://wordpress.org/?v=2.8.4 hourly 1 By: Gavin http://brownandlittlelaw.com/blog1/2009/07/07/arizona-dui-stupidity/comment-page-1/#comment-4210 Gavin Tue, 21 Jul 2009 22:08:07 +0000 http://brownandlittlelaw.com/blog1/2009/07/07/arizona-dui-stupidity/#comment-4210 Wow, OK. I'm just a humble philosophy student and not a lawyer, so I did not know that codifying the common law actually preempted it. My sense before was that something, such as the common law defense of necessity, intrinsicly exists as a natural right, and can't be limited by a statute. I'd have thought only that a statute could create a safe harbour, and not any kind of exclusion. I was wrong. And wow, I'm digesting that now. Wow, OK. I’m just a humble philosophy student and not a lawyer, so I did not know that codifying the common law actually preempted it. My sense before was that something, such as the common law defense of necessity, intrinsicly exists as a natural right, and can’t be limited by a statute. I’d have thought only that a statute could create a safe harbour, and not any kind of exclusion.

I was wrong. And wow, I’m digesting that now.

]]> By: Matt Brown http://brownandlittlelaw.com/blog1/2009/07/07/arizona-dui-stupidity/comment-page-1/#comment-4209 Matt Brown Tue, 21 Jul 2009 21:11:01 +0000 http://brownandlittlelaw.com/blog1/2009/07/07/arizona-dui-stupidity/#comment-4209 I'm honestly not sure. Arizona has put many things ordinarily based in the common law into its statutes. I imagine that's not uncommon, as I think legislatures generally like taking discretion away from courts. I’m honestly not sure. Arizona has put many things ordinarily based in the common law into its statutes. I imagine that’s not uncommon, as I think legislatures generally like taking discretion away from courts.

]]> By: Gavin http://brownandlittlelaw.com/blog1/2009/07/07/arizona-dui-stupidity/comment-page-1/#comment-4205 Gavin Tue, 21 Jul 2009 16:22:57 +0000 http://brownandlittlelaw.com/blog1/2009/07/07/arizona-dui-stupidity/#comment-4205 Wow, no common law defense of neccessity? How common is that? Wow, no common law defense of neccessity? How common is that?

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