Calling in on drunks on the road

   / Calling in on drunks on the road #71  
Bird,
All intoxilyzer "machines" have a margin of error. That figure is recorded on the certificate each time the machine is re-calibrated. But, in Louisiana, before a PO can ask a subject to take the breath test, he/she must be under arrest for DWI. I have never seen anyone "un-arrested" if they blow under the limit. It might help them in court, but they still take the ride.

Norm

Yep, that's right, Norm. The BAC over the limit is prima facie evidence, but certainly not required for a conviction. Other evidence, such as driving violations observed, appearance of the driver, staggeriing, etc. can suffice, but in most law enforcement agencies, departmental policies override such things.;) I've actually arrested a 19 year old drunk driver who blew .09 and I took him to the auto pound, released him, and released his car to him to drive away in. I didn't like it, but that was the rule at the time.
 
   / Calling in on drunks on the road #72  
About a year ago, there was a story about a man in one of the mid eastern states (Va., N. C., S.C., etc., I don't remember which one) that was being tried for homicide because he picked up, from the lockup, a friend who had been arrested for DWI and drove him back to his car. The friend drove off and killed another driver. He died also. I never heard the outcome of the trial. If anyone remembers the case, I would like to know what happened.

Norm
 
   / Calling in on drunks on the road #73  
Dan,
You are right that the states set the BAC limit for DWI. ...

:D:D:D:D I said, "state" not states. :D:D:D:D

You are correct that the Feds used highway funds to enforce the .08 BAC. :thumbsup:

I remember the incident you mentioned but I have not heard what has happened.

Later,
Dan
 
   / Calling in on drunks on the road #74  
You are correct that the Feds used highway funds to enforce the .08 BAC.

I know the Feds have used the threat of withholding highway funds for many years, specifically I remember some things from the early '70s, but have they every actually withheld highway funds from any state that failed to go along with their recommendations? I'm not talking about just BAC levels, but way back there the threat existed relating to things such as periodic vehicle safety inspections, trailer brakes, etc. I know that 35-40 years ago some of the states did not comply, but their highway funds were not withheld either.

And . . . are we getting into politics that are forbidden on TBN or not?
 
   / Calling in on drunks on the road #75  
There ain't no politics when it comes to DUI.

Some years ago, this guy was driving DUI in downtown Nashville and ran up on the sidewalk and killed a young lady who was pregnant. He tried to get off the sidewalk and leave the scene, but the crowd stopped him for the police. As I recall, the story reported that there were a bunch of empty beer cans in the bed of the truck.
 
   / Calling in on drunks on the road #76  
there were a bunch of empty beer cans in the bed of the truck

I guess you know that's very common. They don't want to get stopped for littering, so they through the empties back in the bed of the truck.
 
   / Calling in on drunks on the road #77  
Dan,
Picky, picky, picky.

Norm

ps how do you get the smilies into you post? I can't figure how to do that.

NAP
 
   / Calling in on drunks on the road #78  
At one of the seminars I attended, they had the "official" breathalyzer and an experimental small handheld unit that was being tested. I drank 4 beers in about an hour and a half (that was fast drinking for me) and then blew .04 on each of the machines (I could never break the habit of calling it a "machine" because it always upset our departmental expert chemist who would always remind anyone who called it a machine that it was not a machine; it was an "instrument".):laughing:

And when the legal limit was less than .10 (.10 being enough to be prima facie evidence of intoxication), our departmental policy was to not charge anyone who did not register .11 or more. So we released people at .09 and .10 even though there was no doubt that they were "impaired".

Seems that I remember that when I lived in Texas it was legal to drive with an open container. That was '79 - '80. I wasn't old enough to drink then but my brothers were.

Mark

Mark
 
   / Calling in on drunks on the road #79  
Yep, Mark, it was not illegal to drink while driving as long as you were not intoxicated. It used to be a bit funny when someone drinking a beer would try to hide it when he saw a police officer, but it was perfectly legal to drink a beer or drink from a whiskey botte driving down main street. Actually, it's no more dangerous to be drinking a beer than it is to be drinking a coke while driving, and maybe even safer than drinking coffee while driving, since the beer's not hot if you spill it on yourself.:laughing: But MADD (Mothers Against Drunk Driving), with the best of intentions, but sadly misdirected, harrassed the legislature until they passed a state law prohibiting drinking while driving. The first law specified that an officer had to personally see you take a drink, be able to prove it was an alcoholic beverage, and then could only issue a citation with a maximum penalty of $75. And there was no prohibition against passengers in the vehicle drinking. After all, most of those legislators sometimes had a beer while driving. But MADD kept after them year after year until we finally got an "open container" law, like a lot of other states. So now instead of drinking one beer on the way from work, folks have to stop at a bar and get drunk before going on home.:laughing:

As I said, the best of intentions, but in reality, open container laws have done nothing to reduce drunk driving, but they do provide another source of income in the way of fines. Although I'm not sure they raise enough revenue in fines to pay the cost of the officers' and courts' time and paperwork to do the enforcing.
 
   / Calling in on drunks on the road #80  
Not only were open containers legal in Louisiana but it was legal to drink while driving as long as you weren't too drunk (.10) just a few years ago, until the Feds cut off our highway funds and made us change our laws.
 

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