re: St Tammany woman held overnight in jail for DWI even though she blew 0.0

When in doubt, Lawyer up ASAP. Serious answer.

quote:

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Its not subjective. If they fail they can take a breathalyzer and blood test. That will prove their innocence.

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That's not how our legal system is supposed to work.

I find it absolutely disgusting that I can be forced to give up my 5A right against self incrimination because the State chooses to blackmail me - "don't have to take the test, but if you don't then you can't drive for a year."

I also find it disgusting that I can be denied my 6A rights to consult an attorney... again by the State blackmailing me - "you can consult an attorney, after you refuse this test and lose your license for a year, oh, you need to sign this first too."

If I'm genuinely drunk, and too impaired to safely operate my vehicle, then the police should need nothing from me at all for the State to prove its case. It should be very easy to show the judge my extra shitty driving and produce enough probable cause for a warrant for my breath/blood. But the cops/courts/interlock companies/MADD/etc. don't want that, because that would shift the game from finding people over some arbitrary "legal limit," to a system wherein someone actually has to be committing a traffic offense and/or endangering someone.

Don't even get me started on checkpoints.



That's all not to say that I'm not for getting drunk drivers off of the streets; I very much am. I just believe that infringing upon my rights isn't the way to do it. And it apparently doesn't work too well anyway given the high number of alcohol related deaths each year.

I would suggest taking those dozen or two-dozen cops running the checkpoint and station each one at a the two-dozen most popular bars. Let the cop get people in the parking lot before they go to their car. The cop can say "buddy, you've obviously had too much to drink. Why don't you get an Uber home?" The vast majority of people will heed such a warning.

Also, instead of punishment for being over this "legal limit," crank up, and strictly enforce, the penalty for incidents that occurred because of alcohol. If the courts determine that alcohol was an aggravating factor then double, triple, or quadruple (or more) the punishment. Rear end someone while sober? Get a ticket for following to close and your insurance premium goes up a little. Rear end someone while under the influence? Get the screws really put to you.

Just my humble opinion. And no, I don't drink and drive.