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Old 04-04-2012, 02:08   #1
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Home defense vs. a couple beers

Hi Mas,

The other night I was at home having a couple beers and a thought struck me ( I know, thats probaly how thousands of "how I ended up in jail" stories begin). But all kidding aside, I started wondering "what if some one broke into my house and tried to attack or kill me".

Have you heard of shootings, where a person a had to use lethal force to defend themselves in their home and were justified but faced problems later because they had consumed alchohol?

I quit going to bars after I began to carry, is it better to never drink at all? I probably only drink once or twice a year anyway so it doesnt matter a whole bunch to me. It just seems, with the current political climate, and how sensitive a SD shooting is in general...if you were the poor sap who drank half a sixpack on his couch and got home invaded...your options would be: carried by 6 or HUNG by 12.
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Old 04-04-2012, 07:04   #2
Mas Ayoob
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An opposing attorney desperate to make a case would certainly try to do something with that. In your hypothetical, 3 beers (over a reasonable amount of time) would not bring you to a particularly high blood alcohol content. Your side would want a toxicologist to explain that alcohol doesn't turn every Dr. Jekyll into Mr. Hyde; your attorney would argue doctrine of competing harms; and the main thrust of the defense case would be that since you did what any reasonable and prudent person would have done under the circumstances, you obviously WERE reasonable and prudent.

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