Damn, I’m tired… Just worked a 14 hour day… don’t get paid overtime.. still have lots of stuff to do!
Damn, during the busiest times of the year, I’m without an assistant… so I’m doing more work…
Damn, we’ve still got about 3 weeks before it slows down to a normal pace again.
Damn…
Beth showed up in time for the 10 pm poker game tonight… and as per her usual routine, she paid me attention. At one point, it came down to her and me in the same hand, and I caught 2 pair on the flop, Kings and Queens, and she was raising me. I told her, flat out, she didn’t want to do that. And she believed me, and folded. When I showed her my cards, she realized that I was giving her some good advice — she would have lost more chips if she hadn’t listened.
This, other than poker, could have had a couple of ramifications: she trusts me (before I showed her), and she believes me (after I told her).
Anyways, as per our most recent traditions, I lost out a little while before Beth did. So, after she lost, she began chatting with me more.
My buddy was trying to play at an open mic night at TT Reynolds, so I asked her to come with me for 45 minutes or so. And she said that she was about to go home — before she chatted me up for another half an hour.
I walked her to my car… Got my hug… Told her that I’d probably see her Wednesday night at Tino’s, and went home.
Somehow, this still feels right. Perhaps, I’m laying the tracks in an attempt to get her to go out with me.
A slight part of me wants to NOT show up on Wednesday — but that would only be good if I had someone there to tell me if she was looking for me. Perhaps she’ll do the same no-show, just to find out how anxious I am to see her. Or maybe I should quit even thinking about those childish games, and just show up and see her on Wednesday.
Decision made. We’ll see if the tracks I’ve already laid might lead anywhere productive…..
OK, I visited my chiropractor again today, and…
… I feel better. I’m not sure why the first visit felt as if I had gone backward 3-5 days in recovery, but today’s visit did make me feel better.
Today, he added heat, and then made his “adjustments”. No electro-therapy this time.
And I do feel better. I’m supposed to go back again this week for another visit. Perhaps, this visit will put me close to normal again.
According to the following article, a judge in Fairfax County has ruled that having a BAC (Blood Alcohol Content) level of 0.08 while behind the wheel doesn’t necessarily mean that you’re driving drunk (the actual wording was that a BAC of 0.08 presumes that the individual is intoxicated)….
I’m going to go out on a limb and bet that TONS of people are going to start protesting their previous arrests… insurance companies… what are they going to do? This could be a crazy legal precedent!!
Go into the extended entry to read the article from the Richmond Times Dispatch:
DUI law ruled unconstitutional
Va. presumes guilt if blood-alcohol level is 0.08, a judge says
BY MATTHEW BARAKAT
THE ASSOCIATED PRESS Aug 12, 2005
McLEAN — A Fairfax County judge has ruled that key components of Virginia’s drunken-driving laws are unconstitutional, citing an obscure, decades-old U.S. Supreme Court decision that could prompt similar challenges nationwide.
Virginia’s law is unconstitutional because it presumes that an individual with a blood-alcohol content of 0.08 or higher is intoxicated, denying a defendant’s right to a presumption of innocence, Judge Ian O’Flaherty ruled in dismissing charges against at least two alleged drunken drivers last month.
As a district judge, O’Flaherty’s rulings do not establish any formal precedent, but word of the constitutional argument is spreading quickly among the defense bar. Every state has similar presumptions about intoxication at a 0.08 blood-alcohol level, so defense lawyers across the nation are likely to make similar arguments.
“I am sure there will be lawyers out in the field making similar arguments tomorrow,” Steven Oberman, chairman of the DUI defense committee at the National Association of Criminal Defense Lawyers, said in a telephone interview yesterday.
Del. David B. Albo, R-Fairfax, a defense lawyer who often practices in Fairfax, said he disagrees with O’Flaherty’s ruling and sees no difference between a presumption of intoxication at 0.08 and a presumption of speeding at 80 mph.
He said he did not see any reason to change Virginia’s drunken-driving laws. “So far not a single judge in Virginia has ruled the same way,” he said. “It’s just one judge.”
Corinne Magee, a McLean defense lawyer who successfully argued the issue to O’Flaherty, said the judge’s ruling is based on a 1985 U.S. Supreme Court case called Francis v. Franklin, which deals with prosecutors’ obligation to prove all elements of a crime beyond a reasonable doubt.
Magee said she came across the Francis case doing research on another case and realized it might apply to Virginia’s drunken-driving laws.
“Frankly, I was surprised” that the judge dismissed the case based on her constitutional arguments, Magee said yesterday. “But I think Judge O’Flaherty’s ruling is based on a very solid reading of this case.”
She said Virginia’s law is problematic not just because of the presumption of intoxication at 0.08, but also a presumption in the law that the blood-alcohol level at the time the test is taken is equal to the level at the time of the offense, even if the test occurs hours after police make a stop. Magee said a person’s blood-alcohol level can fluctuate up or down depending on when a person had their last drink and how their body metabolizes alcohol.
Prosecutors are now taking steps to avoid O’Flaherty on all drunken-driving cases, withdrawing cases assigned to him and instead obtaining indictments that send the cases directly to Circuit Court. Prosecutors cannot appeal cases dismissed by a district court judge, but could appeal if a circuit judge makes a similar ruling.
Fairfax County Commonwealth’s Attorney Robert F. Horan Jr. did not return phone calls seeking comment yesterday.
Patrick O’Connor, president of the Northern Virginia chapter of Mothers Against Drunk Driving, said O’Flaherty’s decision “undermines the efforts of the police and prosecutors to enforce the DUI laws, puts drunk drivers back behind the wheel and potentially denies justice to victims of drunk drivers.” He has requested a meeting with the judge.
O’Flaherty, who has a reputation as a fairly tough judge among defense lawyers, turned down a request for an interview. Rulings in District Court are made orally, so there is no written ruling outlining his rationale.
Oberman said laws establishing a presumption of intoxication at 0.08 blood-alcohol level have been upheld in the past, but a new challenge like the one raised by Magee provides an opportunity to revisit the issue in a different context. He said the argument’s potential effectiveness will vary from state to state based on the exact wording of the DUI laws and other factors.
Third entry in the same sit-down? So unlike me…
I’ve been off of work the past week and a half, and have not done much. I’ve watched some movies, played some PS2, and played lots more poker.
Last weekend, on my usual trip to TT Reynolds for Sunday poker, a new poker company was in the house. It wasn’t the NPPL anymore. The new company is called Stars & Bars Entertainment. All it took was one night, and I was hooked!
Here’s where S&B overtake NPPL — the details. They pass out buttons which list the blinds — no need for mass announcements which people frequently do not even hear anyway. The chips are better — higher quality chips which also have the denomination written right on the chips — no need for a card to tell you what each chip means!!! And lastly, S&B is SERVICE ORIENTED — they’re not providing poker, they’re providing a service!! The hosts have made it a point to ask people if anyone needs a drink or food or answering any questions. They’re there and running the event. I can’t say that for every other NPPL event I’ve been playing…
And, as last time, the poker has got me intrigued about a lady again. This time, it’s not a bystander, it’s one of the players themselves! Since Monday (and I’ve played TONS more since I’m taking time off from work), I’ve been quite chummy with Beth. I haven’t taken anything seriously yet, but there has been a fair amount of back and forth flirting. Oh yeah, she also beat me on Thursday night.
Yep, when we got down to the final table, we were both there… and when it got down to heads up, it was just the two of us. And she won. She had the higher chip stack and put me all in on the first hand heads up. I had a pocket pair (pocket 6’s) which is a very good hand to have heads up. And she turned over a J8 unsuited. I had the slight edge in what is basically a race (it’s pretty close to 50-50 on who’s going to win the hand when a pocket pair is against 2 overcards). And when the flop turned over, she got no help, but she caught an 8 on the turn, and won. I’m not sure if I’ve ever been on the winning side of the “poker race” yet.
All of the flirting could be part of the game, until the end of the second game. When I had busted out on the final table (in 6th place) and was still watching the rest of the table, she decided to rest her head on my shoulder. Innocent enough, but it could be just enough of a hint for me to try something — besides, I was out, she wasn’t setting me up to take me out at this point.
Anyway, I think she busted out either in the position after me or 2 positions after me. So that made her a better player than me in both games — how sexy, a cute chick who can play good cards! Well, she headed out to pay her tab and leave, presumably, while I was still hanging out to watch who would win — I get curious… the final people were still playing with chips I had contributed!! In fact, I offer to deal for the rest of the table, and they take me up on my offer. Well, a good ten minutes or so later, she comes back, and again is hanging out by me. Maybe I’m reading too much into this, but I’m thinking I’ve got a shot here.
Anyway, I’m thinking that I’ll slow-play this one (poker reference pun intended… ) and see where it goes. It might just be a simple flirtation. There may be some substance. If she’s interested, it’ll continue to be obvious, and then I’ll make my move. I know, I’m such a chicken shit sometimes!
So, with Beth possibly in the picture, where does that leave Melissa? I’m not sure. I haven’t talked to her in about 2 weeks, and haven’t seen her in about 3 weeks. As I’ve sensed that I wasn’t “feeling it”, I’ve definitely backed off.
She knows that part of the past couple of weeks I’ve been out of town. But she’s got to be sensing my lack of interest by now. Again, I’m a chicken shit — I should be telling her about these things instead of stringing her along. Well, that conversation should be coming pretty soon. She called tonight and I simply didn’t answer the phone. This time, she didn’t leave a message either. I kind of feel bad, but like I’ve said, I’m not feeling it. It wouldn’t be fair to her to act as if I were.
Big thing: I am now credit card debt free. My second refinance went through very simply, and I have now allocated the cashed out equity to paying off every last dollar of my credit card debt. This feels good!!! I will not use my cards now unless an emergency arrives, or unless it’s work related (if it’s work related, I can write a check from the work checkbook, and pay if off immediately). BUT, I really do want to buy some new furniture…. and the XBox 360 will be out in November… I won’t let my credit debt get to where it was — or even close to where it was.
Last item: I have to make a trip to our new account, Germantown Academy, pretty soon. I’m expected to fill a mentor-role with the new director there. So, to at least be familiar with the account would be a good thing. And coincidentally, Atlantic City is a mere hour to hour-and-a-half away from there. So, I think I’m going to give some casino-style poker a little try, and get some of the mileage paid for by work. I’m a little excited about it, but very nervous too. Other than my internet poker, all of my cards have been for free. People will play differently when they’re defending their real money! Am I ready for that distinction? I’m not sure, but I hope so.
Oh, Beth told me that she’d call in sick to go to AC with me too… but I’m not sure if that was a bluff, either.
I’ve had some fairly significant lower-back problems in the past few weeks. I originally hurt my back about a year ago improperly lifting some heavy catering plates. I re-aggrivated it a few weeks back moving in my new HDTV (which I absolutely love).
Anyways, my most recent pains didn’t go away nearly as quickly as they had in the past. And seeing how successful a co-worker had been in going to a chiropractor, I decided that I should give it a try.
So, I met Dr. Brown yesterday, and I really like him. He’s funny, smart, and seemed like he was asking the right questions and doing the right things. In the first visit, he basically did an exam and took x-rays.
I went back today to “read the x-rays”, and to get the first adjustment/treatment. I’m not sure how positive I am about Dr. Brown anymore.
When he read the x-rays (and also confirmed from the physical exam), he mentioned that there was some damage to my 4th and 5th lumbar vertebrae, which was more pronounced on my left side. The x-rays also showed that the spacing (sorry, I don’t know the medical term) between the 5th lumbar and my coccyx was too close, and that could be causing some pressure against some nerve endings down there. OK, all seems to make sense to me (and my un-medical-school-educated knowledge).
So, he says that he was going to apply heat, make some slight adjustments, and then do some electro-therapy (again, I’m not sure of the medical term — but he basically had some electrodes in 4 spots in my back apply slight shocks in a pattern for about 10 minutes). He mentioned that this would be a less-intense session than a regular visit — kind of seeing how I react to it, I guess.
Well, after the initial therapy, I feel worse!!! I fell as if I have gone back about 2-3 days in how my body had naturally began healing itself. That said, I don’t have the sharp pains that I had a week to 2 weeks ago. But, I’m not as painless as I was yesterday (or even before the visit today).
I’m hoping that this is just how it works. That it takes a couple of visits before things work right again. If anyone has had similar occurances with a chiro, please send me info to my g-mail account… BCunningham2 (at) gmail.com
