Prohibition Returns!

[the_bird]

Therein lies the issue, regardless of your weight, you may be fine at 1.0 BAC and may show no signs what so ever of even looking at alcohol in the last 24 hours, while your buddy maybe lazy eyed and staggering at .08 BAC.

I don't know how you deal with that, though.

If you intentionally leave the laws written "gray," you get power-trippy cops like those described above deciding they don't like you and tossing you in jail for a 0.02%. I hate to think what those Texas cops would do to me when they see my Mass license!

You write the law strictly, i.e. "blow a 0.10% = DWI," you don't take into account a person's tolerance. Whatever that number is - if you've got a 110lb co-ed on her 21st birthday, she's could well be wasted at 0.08%. You want to let her off because she's little and has no tolerance?

I don't know how you get around this...

 

[Whiskey]

Yeah, and heaven forbid we actually have laws that allow people to use their common sense when enforcing them.

But common sense is no longer common. Far from it.

Lol, believe me I'd love for laws to be common sense, but it just takes a 10 minute drive through AnytownUSA, to see exactly why there are so many nit-picky traffic laws.

 

[WortMonger]

I think the most ridiculous was the Philly guy that told his doctor about the six pack. I guess in that state they could probably also do stupid stuff like your fiancé could pre-divorce you and take half your crap if you got caught cheating on her before the wedding, I mean he could do it again right so why not get him before he does. LOL The preemptive stuff floors me, because they are the same people like my brother who feel what they do is their business and what you do is " their " business too. They should be able to smoke anywhere and I shouldn't be able to drink because something might happen. While he is "getting" emphysema and "giving" me and everyone else around him bronchitis, I "might" get into a car wreck after a beer and get hurt.

Seems you could get a DUI/DWI riding a bull, lol. I know a guy that got one on a horse. Classic George Jones DUI on his riding lawn mower in Lakeland, FL LOL.

 

[Ryanh1801]

wow lots of false info in this thread.
If you drink don't drive easy as that. A taxi is cheap. I don't care if its 5 beers or one, it is affecting your motor skills, and you better be willing to take on the responsibility of the ticket or worse case killing someone.

 

[Aiko]

It would be easy for me to claim I planned on sleeping in my truck like I've done before but honestly, I can't make that claim because I don't know what I would have done. I have just slept it off in my truck/car before if I know I shouldn't be driving.

Sorry, sleeping in your truck when your drunk is against the law too (in some states, OK for one), because you have posession of the keys, (in the ignition or in your pocket). In their mind, you can start the truck and drive drunk when they are gone. It is called APC (Actual Physical Control), and it carries a penalty the same as a DUI. I have also SEEN the cops come into a bar and give small verbal tests to the guys sitting around the bar. They actually arrested on guy cause he was drunk. Got him for PI, while SITTING IN A BAR!
Again, like most other laws it comes down to $$$. Why raise tax's and have the chance you may not get re-elected, just lower the BAC and catch more people and fill the local tills. And on top of that, you look good for the nannie-state wannabes that your protecting the innocent people. Want to see a good example of how America is heading to a nannie state? Look at the UK, those people are going to wake up one day and realize Orwell was right, just a few decades off.

 

[Whiskey]

I don't know how you deal with that, though.

If you intentionally leave the laws written "gray," you get power-trippy cops like those described above deciding they don't like you and tossing you in jail for a 0.02%. I hate to think what those Texas cops would do to me when they see my Mass license!

You write the law strictly, i.e. "blow a 0.10% = DWI," you don't take into account a person's tolerance. Whatever that number is - if you've got a 110lb co-ed on her 21st birthday, she's could well be wasted at 0.08%. You want to let her off because she's little and has no tolerance?

I don't know how you get around this...

You don't deal with it you just enforce the laws that are on the books. If the books say .000000001% that what you enforce.

Of course you may have ass-hole cops in your town, there is not a profession on earth that does not have power trippers, just like you have ass-holes who automatically bad-mouth cops on hearsay or based on media reports of bad cops. On the same note if those Officers in the article had let this bleeding heart go, and she wound up in an collision and killed someone, the Officers in question would have been torn apart because they were not doing their job.

The Officers do their jobs, they are ass-holes, the Officers let stuff go and they are inept.

The laws I've read in various states are written pretty strictly there is no mention of tolerance and their shouldn't be, you blow .08 you go to jail.

Of course these are my opinions, I'm not saying anyone is wrong for having different ones.

 

[brett]

OR just have a sliding scale of punishment. You drive with 0.08, you pay a fine. You drive with 0.10, you get your license suspended too. You drive with a 0.15, you go to jail and get your license suspended. Something like that. I mean, it just doesn't sound right that someone with a 0.08 is treated the same as someone with a 0.13.

I think there may be something like that in some states, but I'm not sure. Over a certain limit: lose your license permanently.

Should we also ban the movie "It's a wonderful life," since Jimmy Stuart's character drives drunk and crashes into a tree? Hahaha. Teaching people the wrong thing Jimmy!

 

[WortMonger]

Lol, believe me I'd love for laws to be common sense, but it just takes a 10 minute drive through AnytownUSA, to see exactly why there are so many nit-picky traffic laws.

Some idiotic states think stuff like doing away with inspection stickers is a good idea (Oklahoma). They hoped it would allow cops to do what they should have already been doing and pulling cars over that don't need to be on the road, as well as an excuse to pull people over for anything. They claimed it was pointless since 95% of the cars the inspected passed and got a sticker, lol. Now all I see is break lights out, cracked windshields you can't see out of, even cop cars with the third break light not working. If I were a cop and tried to do my civic duty of protection through busting these violations I would get told to stop because there is way worse things to worry about, lol. I called a cop once to come down to the store because we had skateboarders by our huge non-safety glass front windows. He told me they may make it down there in a little while but there was not much he could do. I asked him if there was a city ordinance against skateboarding downtown and he said, "yes but do you want us to catch skateboarders or criminals?" I then told him the reason I ask is not 15 minutes before I called a cop drove right past them skating and did nothing, then I told him I listen to the police scanner and hadn't heard of a jailbreak or rash of anything other than 5 cops at a fender bender across town. I was being an ass, but in the most polite way possible. I closed by asking him if my call and complaint was going to be logged somewhere so I could have some sort of legal protection in the case someone was injured. I told him that I trying to stop something illegal/bad from happening before a kids parents sue me when their kid gets cut in half from a glass shower of shards. He told me no, I was floored and ask to speak to his upper. I got nothing but yes sir from the second guy and had a cop there in minutes, seeing as we were two blocks from the station. I guess you have to be an ass and know someone else's job, and how to tell them to do it. Frickin weinis'

 

[shafferpilot]

The laws I've read in various states are written pretty strictly there is no mention of tolerance and their shouldn't be, you blow .08 you go to jail.

If only it actually worked like that. Giving the officers options based on their opinion is as dangerous for them as it is for everyone else.

 

[Zar]

I read an article just a few months ago about some town in Illinois (or around there) that was trying to pass a law to ban alcohol all together, buying or possesing. Luckily that it didnt end up passing.

 

[zbeeblebrox]

wow that was a good article. yes a little one sided but it makes you think about where you stand in the debate. as for me, being on the heavy side and standing 6'5" i don't think I, or anyone else, would notice if i were at .08% but then again its the law,and if I'm at that mark then i broke the law. that being said, then anything below that IS LEGAL and should therefore not be enforced to the law of .08%. as for police i can't complain about them as a whole. they are there to keep the city/town safe. yes there may be one or two who are dicks and they should be called on it by the people they target that are doing nothing wrong. best defense against them is know the law and ask that they follow it.
as for the nanny state idea just remember I'm a Conservative constitutionalist, a member of the NRA, i drive a gross polluter (classic triumph). i would like nothing more then to be left alone in Life, liberty, and the pursuit of happiness. I, and the vast majority of people in the country are good people who make good decisions. so for me the less intrusion the better, especially of the intrusion is by so called do-gooders who think they know whats best for me.
now with that rant done its time for me to relax sit back and have a beer.

 

[Fingers]

Is not 0.08% the same for everyone? It's a percentage of alcohol in the blood. It may take 1 beer for a small person and 2 beers for a large person but in the end it's still a ratio of alcohol to blood. Whether or not 0.08% affects you weakly or strongly is an issue of tolerance which is related to habitual consumption, not size. The law is perfectly fair in that regard. Way out of line with reality, but fair.

 

[Ryanh1801]

Is not 0.08% the same for everyone? It's a percentage of alcohol in the blood. It may take 1 beer for a small person and 2 beers for a large person but in the end it's still a ratio of alcohol to blood. Whether or not 0.08% affects you weakly or strongly is an issue of tolerance which is related to habitual consumption, not size. The law is perfectly fair in that regard. Way out of line with reality, but fair.

yes. Their are also way more factors besides Body weight. .08 is going to effect everyone the same, weather they think so or not.

 

[Dude]

I have also SEEN the cops come into a bar and give small verbal tests to the guys sitting around the bar. They actually arrested on guy cause he was drunk. Got him for PI, while SITTING IN A BAR!

Sorry, but I gotta call BS on that.

 

[Sherpa FE]

We're losing more and more freedoms every day. People seem to want to live in a nanny state. I just don't understand it. And it's not just drinking laws. The city right next to be now has photo-enforced intersections. Pull into the crosswalk on red - CLICK - $100 dollar ticket coming your way.

We're slowly becoming a technocracy where everything we do will be monitored - ALL in the name of safety.

I know I am gonna get flamed, but here goes....

Actually I am glad they are doing that at intersections, personally I am getting tired of almost getting killed at intersections because some other person is in too much of a hurry to slow down at a yellow light, and then stop. I also think that they should put up photo boxes on roads for people that speed, you are going to fast on a road, click. Your ticket shows up in the mail.
The American public has the general idea that driving is a right. It's not, and too many people needlessly die because of stupidity.

The laws are not made for you or me as individuals, but for everyone, and thats why people will always have a problem with them, because it doesnt suit thier needs.

So why do we need all these stupid laws? Well if people always did the right thing, we wouldnt need them now would we?

 

[Ryanh1801]

Sorry, but I gotta call BS on that.

Actually its true, Texas passed a law allowing PI's to be given in a bar. I worked in a bar when all this was going on, I believe it was latter removed from the legislation, because of all the pissed off people and lawyers.

 

[Dude]

wow lots of false info in this thread.
If you drink don't drive easy as that. A taxi is cheap. I don't care if its 5 beers or one, it is affecting your motor skills, and you better be willing to take on the responsibility of the ticket or worse case killing someone.

That is why the law is so stupid. 1 beer for me would probably put me at .02-.03. I could still get a ticket for that--and I guarantee it isnt affecting my motor skills. I guarantee it.

A taxi? You must live in BFE. Here, it isn't very cost effective to do a taxi--nor would I want to even step foot in one. I'm not kidding it cost 3 of us 27 dollars to go 2 1/2 miles the last time we decided to "do the smart thing" and get a taxi home.

I'm gonna get flogged for this, but 9 times out of 10 I'm tempted to press my luck for 2 1/2 miles. Now that isn't saying, .14 drunk, that is saying .06 drunk. Where I could get a ticket for having those 3 beers in 4 hours BS. Where the A-hole cops can still get you for whatever they feel like saying.

 

[Dude]

Actually its true, Texas passed a law allowing PI's to be given in a bar. I worked in a bar when all this was going on, I believe it was latter removed from the legislation, because of all the pissed off people and lawyers.

Yeah, that's why it got removed. It was illegal for the cops to do it. Even if it DID happen, they could not hold it up in a court if you fought it. It would be entrapment or something similar to that.

 

[Ryanh1801]

That is why the law is so stupid. 1 beer for me would probably put me at .02-.03. I could still get a ticket for that--and I guarantee it isnt affecting my motor skills. I guarantee it.

A taxi? You must live in BFE. Here, it isn't very cost effective to do a taxi--nor would I want to even step foot in one. I'm not kidding it cost 3 of us 27 dollars to go 2 1/2 miles the last time we decided to "do the smart thing" and get a taxi home.

I'm gonna get flogged for this, but 9 times out of 10 I'm tempted to press my luck for 2 1/2 miles. Now that isn't saying, .14 drunk, that is saying .06 drunk. Where I could get a ticket for having those 3 beers in 4 hours BS. Where the A-hole cops can still get you for whatever they feel like saying.

I have seen people fail the gaze test from two beers. Every time I go out we get a taxi, between 4 people it is always around 10 bucks a person round trip. Its a small price to pay. A DWI charge in Texas is gonna cost you 6-8 grand to take care of. If I don't have money for a taxi I figure I don't need to go out anyways.

This is sort of a sore subject with me. I was hit by a drunk driver two years ago and totaled out my truck he only blew a .09, also one of my good high school friends is now in a wheelchair due to a drunk driver.

Ill get off my rant box now. :fro:

 

[SwAMi75]

Sorry, but I gotta call BS on that.

Actually, that was all over the news when I was down at Ft. Hood last year. Unfrigginbelievable.

 

[Ó Flannagáin]

Sorry, sleeping in your truck when your drunk is against the law too (in some states, OK for one), because you have posession of the keys, (in the ignition or in your pocket). In their mind, you can start the truck and drive drunk when they are gone. It is called APC (Actual Physical Control), and it carries a penalty the same as a DUI. I have also SEEN the cops come into a bar and give small verbal tests to the guys sitting around the bar. They actually arrested on guy cause he was drunk. Got him for PI, while SITTING IN A BAR!
Again, like most other laws it comes down to $$$. Why raise tax's and have the chance you may not get re-elected, just lower the BAC and catch more people and fill the local tills. And on top of that, you look good for the nannie-state wannabes that your protecting the innocent people. Want to see a good example of how America is heading to a nannie state? Look at the UK, those people are going to wake up one day and realize Orwell was right, just a few decades off.

that's absolutely, f'd up. But, true. When I get drunk and sleep in my car, I always put the keys under the front tire. Can't do anything to me thne Simple solution, and a great way to piss off cops when they can't do anything.

 

[Ó Flannagáin]

Sorry, but I gotta call BS on that.

I agree, you could fight that one in court and win no doubt.

 

[Yuri_Rage]

I have also SEEN the cops come into a bar and give small verbal tests to the guys sitting around the bar. They actually arrested on guy cause he was drunk. Got him for PI, while SITTING IN A BAR!

That kinda throws out the whole Tater Salad argument:

"I was drunk in a bar! You THREW me into public-k!"

 

[Ryanh1801]

that's absolutely, f'd up. But, true. When I get drunk and sleep in my car, I always put the keys under the front tire. Can't do anything to me thne Simple solution, and a great way to piss off cops when they can't do anything.

You would probably still go to jail. Its a liability issue.

 

[Dude]

You would probably still go to jail. Its a liability issue.

How? The car miraculously started?

You could fight that BS in court and win.

Just curious, but is your car considered a "public" place?

 

[Ó Flannagáin]

You would probably still go to jail. Its a liability issue.

Dude, I would fight that tooth & nail, then I would sue the **** out of whatever police force f'ed me over. I HATE power tripping cops, I hate driving in fear after 1 or 2 beers, even though nothing will happen.... if anything, the fear is making my driving suffer.

 

[Ryanh1801]

How? The car miraculously started?

You could fight that BS in court and win.

Just curious, but is your car considered a "public" place?

Yes it would probably get thrown out in court. But if the officer comes and checks on you, and leaves. Then you take off and kill someone, that officer is gonna be a fault. As I said its a liability issue. We had this very discussion in one of my CJ classes. Our teacher a former Police officer said they would take them in every time.

 

[Dude]

Dude, I would fight that tooth & nail, then I would sue the **** out of whatever police force f'ed me over. I HATE power tripping cops, I hate driving in fear after 1 or 2 beers, even though nothing will happen.... if anything, the fear is making my driving suffer.

That is totally how I feel. It makes my blood boil that I could essentially get my career and my life FUBAR'd because I had 2 beers and some dick cop decides he is having a bad day and needs to beat someone down.

 

[Ó Flannagáin]

Yes it would probably get thrown out in court. But if the officer comes and checks on you, and leaves. Then you take off and kill someone, that officer is gonna be a fault. As I said its a liability issue. We had this very discussion in one of my CJ classes. Our teacher a former Police officer said they would take them in every time.

For doing the responsible thing and not driving: pricks.

 

[Dude]

Yes it would probably get thrown out in court. But if the officer comes and checks on you, and leaves. Then you take off and kill someone, that officer is gonna be a fault. As I said its a liability issue. We had this very discussion in one of my CJ classes. Our teacher a former Police officer said they would take them in every time.

And that "former" cop needs his ass kicked in a bad way. That cop who didn't take that guy in cannot be held responsible for that. That is ridiculous.