re: Local Baton Rouge activist Gravy Chambers advocates that DUI suspects should be let free

1. I would agree in a situation where someone goes to their car in the bar parking lot and takes a nap to sober up. But Brooks was stopped and asleep in the drive thru line, which means he was driving drunk in order to get to that point. If he'd have pulled into a parking spot to take a nap instead of blocking the drive thru, cops would've never been called out there.

2. Then you're taking away a major deterrent for people to risk driving drunk if they know they won't get arrested. First time (and in a lot of cases 2nd time) DWI offense is just a fine and slap on the wrist unless you kill somebody.

3. Breathalyzers generally aren't admissible in court. They're only good for probable cause for an arrest. That's why they need the blood test as evidence for a trial. Walking a straight line and balancing on one foot aren't difficult if you're sober. And I'm pretty sure the "say your ABC's backwards" one is a trick to see if the driver replies "I can't even do that when I'm sober".

4 and 5. Agree

The financial penalties for first offense DUI are anything but a slap on the risk, not to mention the risks it can bring to one’s career. Just because you eliminate the arrest doesn’t mean you eliminate the fine associated with it.

As for field sobriety tests, I have seen demonstrations in CLE’s of how they’re worded, conducted, and scored. Out of a panel of 9 people, 3 completely sober, 3 mildly intoxicated (.08), and 3 heavily intoxicated, only one passed the field sobriety test, and she was in the heavily intoxicated group.

Wasn’t this guy passed out drunk in the drive through line? How many people are killed annually due to intoxicated drivers? Should the guy have died? No. Should he have gone to jail? Absolutely.

True, the defendant Gary is trying to defend is indefensible, but there are some decent overall points about how police enforce DUI law that can be made.

Ok. I agree.... I would think that most DUI suspects will just say screw it im busted... but of those people, how many know they have fricked up AGAIN to the point that they know they are going to jail for a long time.....

Freedom is priceless but you have to follow the rules......

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The financial penalties for first offense DUI are anything but a slap on the risk

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First offense fine is $300-1000 according to the Louisiana statute and can do 32 hours of community service to avoid any jail time. That's a slap on the wrist IMO. People who spend thousands and thousands of dollars on a 1st time DWI is because they tried to fight it and racked up a bunch of defense attorney fees. Unless you part of your job description involves driving or you're in an upper management or high profile job then its unlikely it'll have major career implications either.

LINK

Ebr pre trial is a pain

WTF are you talking about? Nobody is saying go drive drunk. I'm debating kingbob's suggestion that 1st time DUI offenders should be given a ride home and issued a summons instead of being arrested. The 1st time offender penalties of a fine and community service are fairly light, so the risk of being arrested and having to spend a night somewhere like OPP is the biggest deterrent to prevent a drunk person from getting behind the wheel.

So, someone who shot and killed eight people but didn't have a gun anymore should be free to go home.

Why not?

He's no danger. He doesn't have a gun anymore.

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why can’t a Black man being respectful be given the grace to just go home?

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Shall we allow them to drive home or is it more graceful to allow them to call someone to pick them up.

Side question, if for some reason they are in the process of tazing an officer with his own tazer, or beating him or her, should we allow the tazing and/or beating to continue before allowing a graceful exit?