Reflections

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

This September 13, on a Monday night, against the Washington Redskins, the best trio in football will all be inducted into the Dallas Cowboys’ Ring of Honor. Follows is an AP article explaining the whole thing:
Aikman, Irvin, Smith going in Ring of Honor together
By JAIME ARON, AP Sports Writer
July 20, 2005
IRVING, Texas (AP) — Of all the accolades and honors that Troy Aikman, Michael Irvin and Emmitt Smith earned throughout their careers with the Dallas Cowboys, their favorite was something simple: their shared nickname, “The Triplets.”
While the phrase linked them in the minds of others, the teammates really were as tight as brothers. Each inspired, cajoled and teased the best out of the other two and their entire team was better off for it. Dallas went from 1-15 the year before they became a threesome to Super Bowl champions in their third, fourth and sixth years together.
Now that all three are retired, Cowboys owner Jerry Jones has found another way to get the trio back together, announcing Wednesday that on Sept. 19 they’ll become the 13th, 14th and 15th recipients of the club’s Ring of Honor.
“Honestly,” a teary-eyed Irvin said, “this is the best way.”
Aikman, Irvin and Smith shared their memories for more than an hour in a news conference at Texas Stadium. The franchise’s five Super Bowl trophies gleamed on a table in front of them and the field was visible behind them; from the right angle, banners commemorating the three Super Bowls they won were flapping high over their heads.
Aikman recalled that the last time he was in this setting was his retirement press conference and he mentioned then how much he loved being called “The Triplets.”
“So when Jerry called me up and said we want you to go into the Ring of Honor and we’ve got a couple of special people we’ve got to go in with you named Michael Irvin and Emmitt Smith, to me it was really the way that it should be,” Aikman said.
“We’re so connected,” added Smith.
Irvin mocked the current “Triplets” in Indianapolis, Peyton Manning, Marvin Harrison and Edgerrin James.
“We are the Triplets because we won three Super Bowls,” Irvin said. “I need some championships in there somewhere!”
As fitting as their shared tribute is the timing of their ceremony: a Monday night game against their top division rival, the Washington Redskins.
“The Redskins are going to hate it. They better hate it because I don’t care much for them,” Smith said, smiling wide. “Jerry is going to showboat in front of them.”
The trio arrived separately over three straight summers, 1988-90, each a first-round pick. Irvin, drafted by Tex Schramm and Tom Landry, got hurt his rookie year and the team went 3-13, so bad that Dallas got the next No. 1 overall pick. Jones arrived in time to choose Aikman, but the Cowboys went 1-15.
Then Smith arrived — as did new offensive coordinator Norv Turner, something Aikman and Smith emphasized — and things began to change. Mixing up this terrific run-pass combination, Dallas made the playoffs in the Triplets’ second season together, 1991, and became champions following the ‘92, ‘93 and ‘95 seasons.
“People had to prepare for all three of us,” Smith said. “You could take one of us lightly if you want to, but the other two are going to hurt you pretty bad.”
Jones said Chargers coach Marty Schottenheimer once told him that everyone in the league could read Dallas’ hand signals and know whether they were running or passing, and to which side — but they were so good, that defenses still couldn’t stop them.
Over their 10 seasons together, the Cowboys went 101-59, a .631 winning percentage, with six division titles and eight playoff appearances. Dallas is 31-49 in the five seasons since, losing its only playoff game.
“If I had any prayers, it would be to put some contracts in front of each one of these guys and relive what they brought the Dallas Cowboys,” Jones said.
Injuries forced Irvin to retire after the ‘99 season, then Aikman a year later, both having spent their entire careers with the Cowboys’ star on their helmets. Smith remained through 2002, then spent the past two seasons in Arizona.
Smith’s departure from the Cowboys was a bit messy, but the NFL’s career rushing leader reaffirmed his Dallas ties during a retirement news conference in February and later signed a ceremonial one-day contract so he could go out as a Cowboy. He opened his remarks Wednesday by saying, “It’s great to be back amongst the family.”
“A lot of the things I’ve done on the football field could not have been done without the throwing arm of Troy Aikman and the receiving arms and legs of Michael Irvin,” he said.
Jones said the chance to put all three players into the Ring together was too great of an opportunity to pass up. He added that it doesn’t mean the Ring will be closed to predecessors such as Drew Pearson, Harvey Martin, Ed “Too Tall” Jones and Charlie Waters.
Roger Staubach, one of three Ring members at the news conference, said he still expects some of his former teammates to get their due. He pointed out that the new stadium the team is building will be awfully big.
“There’s room for them,” he said. “It’s not the beginning of the end for the old regime.”
Seven of the previous 12 Ring members already are Hall of Famers. Irvin came up short in his first election earlier this year, but will be up for consideration again in February, when Aikman will be on the ballot for the first time. Smith won’t be eligible until 2010 because of the five-year waiting period after retirement.

Not a lot going on these days… so there hasn’t been too much to write about.
I’m still in touch with Melissa… although I’m pretty sure that she’s not the one. But, I’ve got nothing else going on, and am having a good time. So for now, we’re still “dating” (I guess that’s the best way to describe it).
And my poker playing? Still going on. I’m trying to play twice a week. Still only playing the “free” league tournaments, though. I have gotten my name out there for some possible home game invitations. I guess I’ll weigh out playing in one of those, when invited, by how expensive the buy-in is. I probably won’t play an expensive one until I’m at least comfortable with the difference between the league play and the home game play.
Oh… and I’m still wanting to take a trip up to Atlantic City this summer, to test my skills at the cheap tables. Even though I do play online for money sometimes (I’m making a small profit overall!!!), it just will not be the same until being at the real tables.
So, if you’re curious as to how well I’m playing in my league poker tournaments, click here. Up until now, I’ve only tracked my final table appearances and results. Now I’m going to see how often I get there. Should be fun. Besides, these are still free tournaments (even though I have won about $60 worth of merchandise, I’ve only spent $25 of it… one place gave me a $10 g.c. that can only be used on non-poker nights… let’s just say that I’m pretty sure I won’t be at that place on a non-poker night. And another place gave me a $25 g.c. that I gave away to the lady who finished third. she’s a regular at the place, and again, I’m only there on non-poker nights!).
Happy Summer!

I went ahead and did it. I bought and signed up for Satellite Radio. I decided upon Sirius for a couple of reasons. First, I love listening to Howard Stern now… I’m definitely looking forward to an unharnessed Stern! Secondly, NFL games!!! This way, when all of the good football games are preempted locally for the pathetic Washington Redskins or the Ravens, I can tune into the Dallas Cowboys on Sirius! Ahhh what a relief. I still may check out the Redskins broadcasts to hear Sonny Jergenson cry like a little baby, though!
Tomorrow is the Regional, Invitation only Poker Tournament. I’m really looking forward to seeing how well I can do against all decent players. I do realize that some of my “successes” have been in tournaments where some people don’t play all that well. This tournament