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That's how Ohio was.. AZ, at least Maricopa county, is on top of the drunk driving thing. first offense = jail time, suspended license, crazy fines, and an ignition interlock system (which you pay for) for a year.
Agree. I understand Blood but not breath, you have to breathe, do it into the device.
Awww come on now, he's just trying to help the government through this rough patch
I actually agree with this. Not sure I understand that ruling.
You are either over the limit or you are not.
This post was edited by Marshall Nole 15 months ago
I think the bigger issue here is this allows you to decline a breathalyzer without penalty if there is no warrant. In some states you can automatically have additional penalties depending upon your past history (other OVI's) for declining one, which is essentially being found guilty of a crime without due process.
10 years ago probably
They can't ticket you now for it, but there's no doubt in my mind that (a) thanks to GPS and other in-car technology that they know (or GPS/insurance companies tell them) that people speed basically 100% of the time and it's no longer just hearsay and (b) they'd really like to utilize that technology because, let's face it, a cop parked on the side of the road is a speeding deterrent for the half mile or so when you can actually see him. Afterwards it's speeding as usually.
I have one of those Progressive Snap Shot discount things in my car and I've yet to figure out if it takes straight line speed into account while it's looking at other things like coming to a complete stop, speed while turning, speed whole braking, etc.
Doesn't mean that the government should be able to use it though , speeding just isn't that big of a deal. The whole country would be broke all the time and 55 mph is a ridiculous limit anyway. My favorite are the 25 mph zones, it required actual effort to make your car go that slow...like you can't even look at the damn road doing that. I hate speeding laws...complete bullshit.
I'm not saying I want them to be able to passively monitor my driving habits, but with the sh!tty quality of drivers we have in this country, I think speeding is a HUGE deal, along with poor awareness, improper signaling... all of it. It amazes me we still haven't both upped the difficulty of the driver's license exams and started requiring them to be retaken/renewed every few years. Hell, I wouldn't mind a required defensive driving class, too. Too many unqualified idiots in 1,500 pound asphalt missiles rocketing around everywhere.
Eff this if you ever get a ticket for it. The one I got in college was on campus at 11 PM on a Wednesday, at the 2nd of a double stop sign (median between lanes), without a soul in site. It was like $300 and jacked up my insurance because it was considered a moving violation.
Now I'll stop and do a trunk drop even at one of those stop lines in a parking lot with no stop sign.
Compared to the rest of the world we drive pretty damn well IMO. There is some crazy shit happening on the roads overseas.
Speeding doesn't equal bad driving, bad driving is just bad driving.
"Obviously the dozens of innocent people who are killed and the thousands of innocent people who are maimed everyday by drunk drivers don't deserve Justice."
Holy strawman argument Batman!
"Now you can refuse to take a breathalyzer test and a blood alcohol test without consequence."
No, you can refuse a breathalyzer (which is a good thing because a breathalyzer isn't exactly reliable anyway) and require policemen to get a warrant. Most warrants are done electronically anyway, so you're still likely to end up being pulled over.
" Basically this will create situations where it will be the policeman's word against the drunk drivers word."
So, you mean just like rolling stops - their word against yours. Who wins out? The cop 100 times out of 100.
"With no way to prove that they had alcohol on in their breathe and only video evidence of a guy trying to do a test any good lawyer will get drunks off the hook for charges."
In order for this to happen, the driver would have to:
1. Fail a sobriety test (grounds for arrest right there)
2. Remember to refuse the breathalyzer (very few people actually do this)
3. The cop would have to be unable to get a warrant (which is ridiculous given that warrants are done electronically)
4. The lawyer would have to be able to get the evidence that the person had slurred speech, red/glassed eyes, failed a sobriety test, etc. removed from court (would never happen).
tl;dr Dude is still getting convicted.
"This measure will make getting a warrant in the middle of the night next to impossible and will let drunk drivers avoid any hard evidence of their law breaking."
Not even close to true. Warrants take 5 seconds now. Easiest thing to get in the world.
"Considering that my aunt was hit by a drunk driver and was permanently handicapped along with losing 80%+ of her memory in college this disgusts me."
Sorry for your aunt's hardships.
By the way, if a DD did hit someone and killed them, they are still on the hook for vehicular manslaughter whether they have blood samples, breathalyzer readings, or nothing at all. So no one is going to get away with hitting someone drunk and not going to jail for it.
"I wouldn't mind if a DUI charge was coupled with a attempted manslaughter charge and killing someone equated first degree murder."
This is as ridiculous as equating speeding with attempted manslaughter.
"SMH today was a bad day for our Justice System."
Today was a great day for the 4th amendment. I applaud the ruling.
Speeding + bad awareness + improper signaling to other drivers around you + a little sprinkling of just not giving a fvck = a lot of reckless drivers. From a skill perspective, I don't think we're that much better than the rest of the world IMO.
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