DWI for Drugs

Discussion in 'The Dungeon' started by ryoung57, Mar 9, 2019.

  1. ryoung57

    ryoung57 Well-Known Member

    Since I’m on a freaking roll today.

    https://www.11alive.com/mobile/arti...-arrested-while-stone-cold-sober/85-502132144

    A friend posted this on Facebook the other day and this is total lunacy. People are being arrested for DWI for “showing signals that they have used drugs”. Why would there need to be additional signals beyond failure of a standard sobriety test? The whole point of a DWI is getting dangerous drivers off the road, and they’re dangerous because their motor skills and judgement are reduced. If those things aren’t degraded by the substance you’re on, how are you a danger?
     
    SpeedyE likes this.
  2. TXFZ1

    TXFZ1 Well-Known Member

    From the link, all arrests were from the same cop. He was even given a metal for some 90 DUIs. Looks more like a rogue cop.
     
    SpeedyE likes this.
  3. Woofentino Pugr

    Woofentino Pugr Phoenix 4/03 to 5/30/12

    Dunno. University of Madison Police Dept pulled a woman over the other night for her 8th DUI. She had her 8yr old in the car unbuckled also. Two felonies possible for this one. 1 for the 8th dui (4th now is a felony in WI) and other for being dui with a minor under 16 in the car.

    Its an absolute joke in WI with how many idiots out here getting nailed on their 5th, 7th 9th, 11th and 15th dui (current record by a 40yr old). They think making the 4th a felony will make a difference, it wont.
     
    Phl218 likes this.
  4. pickled egg

    pickled egg D'ern didn't inspect my undercarriage...

    Hello? Wisconsin! :beer:
     
  5. ryoung57

    ryoung57 Well-Known Member

    I know someone who has had three or four in the last seven months. And he had at least three prior plus a few he got away with including leaving the scene of an accident twice. He keeps using his lawyer to get him off. In one of the LSA’s they reduced it to a charge of “operating a vehicle wider than 8.5ft” as an explanation for why he hit than mailbox.
     
  6. Britt

    Britt MotoBigots Suck

    Prosecuting DUI's is about the generation of revenue.. otherwise it wouldn't be possible to continue to get them and continue driving..
    Think of all the folks that profit off it from the moment the blue lights pop on.
     
    tony 340, 5axis and SpeedyE like this.
  7. SGVRider

    SGVRider Well-Known Member

    Yes, there are false positives. The state is in a damned if you do, damned if you don’t situation. There are tons of fruitcakes out there smoking weed before driving, taking pills whatever. We can’t just not enforce DUI laws against them. Looks like they tried to develop a protocol, but it’s not 100% effective of course. I’m sure there are false positives with the conventional alcohol DUI screening as well. These cases were all eventually dismissed as they should’ve been. The state may need to develop better screening methods or train people better, but that’s it.

    One thing that really amuses me is the cops saying “the crime lab reports a negative even with trace amounts of marijuana”. No shit you fucking ignoramus, establishing a statistical threshold before rejecting the null hypothesis is how these tests are designed. Go to school before you talk!
     
  8. ryoung57

    ryoung57 Well-Known Member


    That’s my issue. The whole heel/toe walk, eyes follow the light, touch your nose stuff was designed to show you weren’t in shape to drive. If you fail that, it shouldn’t matter if you’re drunk, on pain killers, high, have an inner ear disorder, or are just stupid, you’re not fit to drive. If you can pass that test, regardless of what’s in your system, you’re physically safe to drive.
     
  9. SGVRider

    SGVRider Well-Known Member

    That’s simply not true. It’s absolutely not a driving fitness test or general impairment screening protocol. The screening protocol was specifically designed to give officers a tool to identify ALCOHOL impairment. The protocols are specifically designed to identify the effects of alcohol. There are new recreational drugs invented every day, it’s unreasonable to think any field protocol could detect all of them. That’s why officers have discretion.

    If departments are using the protocol as a stand in for something more effective for legalistic reasons or because they lack an alternative, that’s a different situation.

    If an officer can’t be trusted with discretion in a well run department, he needs to be retrained or terminated. It’s not reasonable to think some bureaucrat writing field manuals in an office is going to be able to envision every scenario someone will encounter on the job. That’s why they need some degree of latitude.
     
  10. ryoung57

    ryoung57 Well-Known Member

    If your ability to drive is not impaired, why would it matter what drug you took before you got behind the wheel?
     
    5axis, Sabre699 and SpeedyE like this.
  11. crashman

    crashman Getting slower every day

    OK, I am completely FTP on this one. Officer Tracy Carroll appears to be a complete cocksucker and deserves a solid beating. What a doucherocket...
     
    ToofPic and R Acree like this.
  12. SGVRider

    SGVRider Well-Known Member

    Impairment can mean many things. There has to be a standard. Since it’s impossible to detect and define all impairment, the state has to make a line somewhere. They’ve determined the line is imbibing a substance that is known to cause impairment regardless of whether that impairment is detectable with current methods and technology. You may not like it or be philosophically opposed. It doesn’t matter. That’s the current line.

    The world needs some kind of agreed line for everything to work. If you stick your dick in a girl that’s 17 years, 364 days and 23 hours old it’s still illegal regardless of whether it’d be legal if you were on EST instead of CST.
     
  13. SGVRider

    SGVRider Well-Known Member

    Yes, he deserves a beating because they cherry picked 3 stories from thousands of arrests he made and slanted the story in a particular pre-determined direction.

    Oh yeah, FTP.
     
  14. crashman

    crashman Getting slower every day

    Ya, I am sure you would be fine with it if you were completely sober but maybe a bit tired or something and that cunt fucked with your life like that. "Showing me indicators that you have been smoking marijuana"... Give me a break.

    I am usually on the side of the cops but that is bullshit...
     
  15. Phl218

    Phl218 Lemme ask my wife

    Please take half of SC drivers off the road then.
    Between antidepressants, allergy stuff and alcohol, this place is a total shithole. And that is during daytime.

    At night that rate jumps to 75%

    Get them all off the roads
     
    MachineR1 and Buckwild like this.
  16. Sabre699

    Sabre699 Wait...hold my beer.

    Flori-duh also.
     
  17. SuddenBraking

    SuddenBraking Well-Known Member

    One story like those three is one too many. Imagine how many other people weren’t impaired but failed the drug test because they’d smoked recently and now have a DUI on their record.

    That is fucking outrageous.
     
  18. SGVRider

    SGVRider Well-Known Member

    Yeah I’m pretty sure I’d be upset. Doesn’t really mean the system is wrong.

    You’d be pretty upset if they stopped trying to catch people for DUI-drugs and some asshole on Fentanyl killed your brother, sister or wife right? The state has a duty to try to stop these people. You guys are suggesting abdication of duty because people get caught in the web. People also get wrongfully convicted of murder and sent to prison for decades, we don’t let that fact stop us from prosecuting murderers.

    The fact that there are false positives doesn’t mean they should stop trying to catch people. It means they should refine their methods. 3 cherry picked stories to poke at your emotions don’t prove shit. What’s the rate of false positives? How does the rate of false positives for DUI-drugs compare to the false positive rate for alcohol? People also get falsely accused of being drunk.
     
    tony 340 likes this.
  19. SGVRider

    SGVRider Well-Known Member

    Not really. I’m sure we could find baseless arrests for alcohol too. I don’t see anyone calling to stop looking for drunks. No one is calling for us to stop prosecuting murders because people have been falsely convicted either. If you believe they should stop looking for druggies because of a few false positives, you must also believe we should stop looking for drunks and murderers.
     
  20. R Acree

    R Acree WTF

    That is sound reasoning unless you happen to be one of the false positives. It is my understanding MJ stays in the bloodstream far more than a few hours. If the accused submits to a blood test which shows negative, there is ZERO reason for them to go through anything more than dropped charges. I suspect if it were you or one of your family faced with this BS, you might be a bit less confident in the training of the officer. Losing a career is a high price to pay for a subjective call.
     
    tony 340 likes this.

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