DWI arrest with NO ALCOHOL or DRUGS just tired

[cinnamon007]

He would be held in custody! it was early thursday morning and the weekend is coming up. if you do not have the money to bail out, you stay in jail! and have to WAIT for a court date!
if a person has a job they could possibly lose it if they have to stay in jail ,luckily he was off thursday. my concern is doing this to people who cannot afford to bail out and they do not do drugs.

drug screen
UDS Phencyclidine NEGATIVE

UDS Benzodiazepine NEGATIVE
UDS Cocaine NEGATIVE
UDS Amphetamines NEGATIVE
UDS Cannabinoids NEGATIVE
UDS Opiates NEGATIVE
UDS Barbiturates NEGATIVE


so that is ok that they treat our hard working young people like this????

[cinnamon007]

oh my goodness! He was not impaired! Let it happen to you!!!! you lose your rights!!!! they do not care!
there are arrogant idiot cops out there who think they can wield their power especially in LOUISIANA

let it happen to you and what are you going to say!!!!

"Im stuck in jail,I didn't do anything wrong and everybody says ya right,your a criminal,your an inmate now you have to do what we say!!!!

[dave33]

He would be held in custody! it was early thursday morning and the weekend is coming up. if you do not have the money to bail out, you stay in jail! and have to WAIT for a court date!
if a person has a job they could possibly lose it if they have to stay in jail ,luckily he was off thursday. my concern is doing this to people who cannot afford to bail out and they do not do drugs.




so that is ok that they treat our hard working young people like this????

I understand your frustration. Many people find themselves in the same situation. The bottom line is you only have the rights you can afford to defend. Basically, if you are poor it is very easy to be victimized by the system.

[CdwJava]

I am thinking that most people know that when they charge you with DWI they take your license!

Not in most states. In mine we only take it if there is reason to believe that the BAC will be above the per se limit of .08.

oh my goodness! probably most everybody on the roads are tired ,they DRIVE HOME FROM WORK!!!

That does not mean that they are impaired. There is a big difference between the two, and it would take an incredibly poorly trained or lazy officer to be incapable of determining the difference.

Let it happen to you and what are you going to say!!! I'm innocent,do you think the so called "experts" will care, NO

Who said we don't "care?" What we are trying to relate is THE LAW. Our caring or not caring is irrelevant. Completely.

You do not have to like how the law works, but there it is.

[Silverplum]

oh my goodness! He was not impaired! Let it happen to you!!!! you lose your rights!!!! they do not care!
there are arrogant idiot cops out there who think they can wield their power especially in LOUISIANA

let it happen to you and what are you going to say!!!!

"Im stuck in jail,I didn't do anything wrong and everybody says ya right,your a criminal,your an inmate now you have to do what we say!!!!

Well, then.

[cinnamon007]

Laws can be changed!!


so what some of you are saying is that my husband who had to drive while he got NO sleep because he works nights and because he touched the white line 2 times with his tire he should be arrested if he was pulled over?
what about when he has hay fever and his eyes are very red ,are they gonna arrest him too???? because the officers think he is on drugs and he just has hayfever! what about all the truck drivers who drive all night long should they be arrested because they are tired and their tire touched the line in the road??? (husband not a truck driver tho)

talk about this because LAWS CAN BE CHANGED. We live in America ,thank God for FREEDOM !!!

[cinnamon007]

just thought I would give you this info,the FBI has been investigating this city sheriff for a while and they just arrested him about a month ago.so this city police departmart does have some issues!

[CdwJava]

Laws can be changed!!

Precisely what law would you seek to change in your state legislature? One that would do, what?

so what some of you are saying is that my husband who had to drive while he got NO sleep because he works nights and because he touched the white line 2 times with his tire he should be arrested if he was pulled over?

Nope. Never said that at all - not even remotely.

There is a difference between being impaired and being tired or sleepy. The FSTs and the DRE protocol should easily discern between the two.

If you wish to abolish "probable cause" it will never happen. It is the foundation upon which the system is built and will not be changed. I suppose you can always advocate for a massive tax increase to pay for 24 hour crime lab operations and the relevant staffing and transportation infrastructure to operate it, but the expense would be quite overwhelming. But, you can push for it should you choose.

Your son was arrested because there existed articulable probable cause to believe he was driving a motor vehicle while impaired by drugs or alcohol. If subsequent investigation fails to support that and the DA does not feel confident he can make a case beyond a reasonable doubt, then the matter will be dropped. That's how the system works.

[CSO286]

Laws can be changed!!


so what some of you are saying is that my husband who had to drive while he got NO sleep because he works nights and because he touched the white line 2 times with his tire he should be arrested if he was pulled over?
what about when he has hay fever and his eyes are very red ,are they gonna arrest him too???? because the officers think he is on drugs and he just has hayfever! what about all the truck drivers who drive all night long should they be arrested because they are tired and their tire touched the line in the road??? (husband not a truck driver tho)

talk about this because LAWS CAN BE CHANGED. We live in America ,thank God for FREEDOM !!!

Look, I got pulled over one night at 1:30 on my way to my aunt's house from the hospital--where I had been up in excess for 34 hours getting her cared for. When he stopped me, he asked if I realized I nearly hit his car. (I hadn't even see him.) The very nice policemen did a field sobriety test, wrote me a ticket for a moving violation and refused to to allow me to drive my car home. I had to wait for my cousin to come pick me up....


They even searched my car for drugs.....I remember telling them they'd find my antidepressant, my daughter's T3s and my mother's meds all in the glove box. They could have arrested me, but I think they simply believed what I was telling them, so they released me once my cousin arrived.

I was drop dead tired. Completely exhausted.

I was an impaired driver.

[tranquility]

Let me fix it for you!!!!!!!

so what some of you are saying is that my husband [decided] to drive while [in a sleep deprived condition] and because [in that condition he evidenced poor driving skills] he should be arrested if he was pulled over?

Info edit:
By the way, be thankful the police officer was looking out for him.

[url]http://www.nola.com/politics/index.ssf/2010/05/house_panel_approves_bill_to_c.html[/url]

[proud_parent]

what about all the truck drivers who drive all night long should they be arrested because they are tired and their tire touched the line in the road???

Drivers of commercial motor vehicles are subject to hours of service laws. CMV drivers who are caught willfully violating those rules can face hefty civil and even criminal penalties for driving while fatigued. Their employing carriers can be penalized as well.

Be thankful your son wasn't involved in a collision.

[ecmst12]

He is still guilty of careless/reckless driving and failure to maintain proper lane. I would expect him to still be charged with that even if his drug test comes back clean.

[davew128]

I am thinking that most people know that when they charge you with DWI they take your license!

Wouldn't know. I don't drink.

oh my goodness! probably most everybody on the roads are tired ,they DRIVE HOME FROM WORK!!!

My husband works nights and had to DRIVE and hour and half to bail my son out .MY HUSBAND HAD NO SLEEP!!!!!

He could have waited til he was rested to go get him.

My son was in my car so we had no choice but my husband drive WITH NO SLEEP!!!

You had a choice, you chose to drive WITH NO SLEEP!!!

Let it happen to you and what are you going to say!!! I'm innocent,do you think the so called "experts" will care, NO

[davidmcbeth3]

so your saying they can treat people like this ? what if someone has a medical problem? He was not impaired he does NOT DO DRUGS. and everybody he knows ,knows that!
IT CAN HAPPEN TO YOU!

They did not beat him, they arrested him. 'cause he failed a field test. Are you implying that a confession is needed?

What does the OP think is needed for a cop to have cause to arrest? Proof of drug, alcohol? The OP clearly does not understand what "driving impaired" means. It does not necessarily mean being drunk or high. And if they guy was having a medical issue then he is in police custody its likely the best place to be.

"he was not impaired"...then why did he fail his roadside test ? That's probable cause for an arrest.

Move to another country ... you won't find kinder treatment.

[HighwayMan]

WHAT ????
he wasn't sleepy he was just tired from working all day, DUH...

so your saying if your tire goes on the white line ,you are driving erratically,HA HA HA...

You were not there so you don't really know exactly what transpired. DUH.