Originally published at: https://boingboing.net/2019/04/11/drunk-cop-who-injured-woman-in.html
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Sigh. . .
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Jesus Fucking Christ.
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Same as it ever was.
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Uh, le’mme guess…
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If I got pulled over and passed the heel-toe and flashlight tests then FAILED the breathalyzer you can bet your a$$ I’d get tossed in the slammer.
Selective enforcement like this is complete hypocrisy and must not stand.
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If we are not going to hold officials to the same standard of law there is no reason I need to convict anyone. Jury nullification.
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Most states have a “basic speed limit” law that says you shouldn’t drive faster than the conditions allow you to do safely. But we also have posted speed limits to make enforcement easier. If you’re driving faster than the posted speed limit, they don’t need to make the case that it wasn’t safe to do so. The fact that your going faster than the posted speed limit is enough to make it “speeding.”
Likewise, you can’t drive while impaired by drugs or alcohol. But that’s a pretty fuzzy line, so we also set a blood alcohol content limit. Sure, everyone is different and will be affected to a different degree, but if you’re over the BAC limit, it’s DUI, period.
(If you’re under the limit, then it still might be drunk driving; it’s just harder to prove. But if you’re over, you’re over.)
Please tell me the cop at least has to pay a fine for driving at night without turning on the headlights.
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Of course not he’s an American Cop
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Is this not presendence? I’m no lawyer but it sure sounds like BAC should get thrown out of all trials from now on.
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Wow. The reason we have the BAC limits we do is because we have lots of science that shows that alcohol affects certain critical driving abilities the same across all people, consistently with BAC.
THC is the one where blood levels aren’t a good proxy for impairment.
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Reynolds? Rodgers? Confusing.
Blue Privilege? Yeah, that I get. At least Officer R didn’t shoot the victim afterwards, plant some drugs in her vehicle, claim it was an intentional “stop”; sometimes it seems they like to confirm the kill. Maybe he was too high to think of it at the time.
I hope she sues the shit out of him, the department, city, and the judge (who should be disbarred).
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Nonsense - it’s a new legal precedent.
“Everybody knows that alcohol affects bodies differently, so a reading in itself, if you just went on a reading, science has also proven that that’s false,” Hunter said. “It’s not completely accurate. It’s an indicator.”
The word “police” appears nowhere in that sentence. Therefore, BAC tests no longer count for everybody! Lassez les bon temps roulez!
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I’d say “the science” really isn’t that settled for BAC, either. In grad school, one of our pharmacokinetics professors had a great side gig. He was an “expert witness,” deservedly so. He’d testify for whoever paid him most on both sides of the issue–supporting or dismissing the relevance of BAC in DWI cases. IMO, BAC is a pharmacokinetic measure, one that cannot account for individual tolerance (pharmacodynamics). A 16 y/o girl could have her first beer and a BAC or 0.02 and be wildly out of control, while a chronic boozer might drive sober after downing a fifth of Jim Beam.
For THC, it’s laughable to think we have some accurate correlation of blood levels and “intoxication.” However, even the most data-driven minds seem to go along with what suits their preconceived notions or pocketbooks.
Oh, and fuck that cop and judge with Trump’s dick.
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Even if completely sober, if you’re driving at night without headlights and crash into someone, shouldn’t you be guilty of something?
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This ruling could help establish precedence, yes, in that future interpretations of the relevant law could point to this ruling. It could go to an appellate court and be reversed, though.
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You? Me? Sure. But cops are special, as many of them have told me. They’re trained to do things you and I can never do. Like walk away from vehicular assault.
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No one is above the law, except, you know, all those that are.
Let’s see that defence hold up for, you know, everyone else.
I guess if you can shoot innocent people without repercussions, what’s a little drunk driving.
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According to the instruction manual, some animals are more equal than others.
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