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August 31, 2009

Sex offender driven to drink and drive by registration requirement

This little local story, headlined "Police: Pa. man drove drunk to Megan's Law meeting," is both funny and not-so-funny.  Here are the basics:

A convicted child sex offender has been charged with drunken driving because he allegedly showed up intoxicated when he registered under Megan's Law at a western Pennsylvania state police barracks.

State police in Greensburg say 37-year-old Jerry Cignetti, of Bradenville, showed up drunk on Friday.  Court records show he was convicted in Westmoreland County in 1998 for the indecent assault of a child under 13.  He was paroled but had to register as a sex offender once his sentence was completed.

The 1L Crim Law teacher in me is wondering if this might be the basis for an interesting (though surely losing) claim of necessity.

August 31, 2009 at 09:39 AM | Permalink

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Comments

The Law of Necessity trumps all others, including the Constitution (See Lincoln).

http://www.lectlaw.com/def2/n044.htm

For example, the saving of future murder victims, and viable third trimester babies in utero may justify some criminal acts.

While, the police forced him to report, they did not force him to drink.

He might try to sue the police on an ADA 2008 Amendment approach, claiming discrimination based on his addiction to alcohol by a government entity. The arrest is per se proof of impairment of an area of life.

Posted by: Supremacy Claus | Aug 31, 2009 10:06:40 AM

CAN WE GET OFF THE WITCH HUNT,AND MEAN MY GOD SO A SEX OFFENDER HAD BEER ON HIS BREATH - DA- AND DOES THE LAW NOT STATE THAT ONE HAS TO BE ' OBSERVED DRIVING ' TO GIVE HIM/HER A DWI, SO ARE THEY REALLY FOLLOWING THE LAW THEMSELF?

Posted by: NORMAL PERSON | Sep 1, 2009 10:24:54 PM

Sounds to me as we need to register drunk drivers for life as well. If we had, this never would have happened.......come on Pa. lets pass a law on this. And while you do keep in mind the public needs you to protect us from these re-peat drunk drivers... so include residency restriction that they can't live near a bar, or restaurant that serves alcohol or a store that sells it. I wonder if this story would have got this attention if he was simply a drunk driver.....But then again a story on drunk drivers don't sell papers like a sex offender article does....journalism at it best. Lets keep these great stories coming isn't election time coming soon, and all these politicians passing these ridiculous laws that do nothing to protect people need there names out there so we all see who we need to vote for. And then these same politicians can right more great laws to protect us and give you more great articles to write about.

Posted by: greg | Sep 2, 2009 7:37:10 AM

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