29 July 2004

Unfair Humor

Sometimes my feeble attempts at humor do not amuse and corrections are called for. JH, who knows the judge in the McNair case mentioned here, writes to tell me that my comment was unfair:
Your statement (July 28, 2004) that "In Tennessee weaving within a lane is not sufficient to stop a car on suspicion of DUI. At least not if your name is McNair", however, represents an unwarranted cheap shot at a conscientious trial judge. Judge Cheryl Blackburn's impulses are those of the former career prosecutor that she is, but her integrity is beyond reproach.

The implication that Mr. McNair received special treatment is simply false. In Tennessee, weaving within a single lane of traffic is insufficient to support a stop if your name is Guy Binette, see, 33 S.W.2d 215 (Tenn. 2000), nor even if your name is Gonzala Moran Garcia and more than 40 lbs. of methamphetamine is seized from your vehicle. See, 123 S.W.3d 335 (Tenn. 2003).

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