Legalize it...

[Cygnus]

Tina, if you want to start fighting it, start with the alcohol field sobriety test (which goes beyond simple balance). Until you can prove that's illegal, you're stuck with it, and it'll be used after ganja becomes legal, too.

 

[macadamizer]

So because someone has poor balance theyre drunk or stoned ?? What if they draw blood and there is nothing there ?? Still applies ??

I'd fight it in a heartbeat if its that easy to determine impairment.

If you get stopped, almost always it's because you did something to get stopped. If the cops think you are impaired -- be it lack of sleep, OTC cold medicines, alcohol or pot -- you are going to get some sort of further scrutiny. If you fail, you get a cite or carted off for DUI.

In your case, for you to fail the field sobriety test because you have "poor balance," you already had to have (a) done something to get pulled over in the first place, and (b) done something or exhibited some behavior to make it worthwhile to pull you out of the car for a field sobriety test.

Seems like a lot of concern over a very low-probability issue.

 

[F4iChic]

I say legalize that shit and tax it, I am sick of being taxed so much on me fags, share the load people

pot makes me pass out. period. nothing more, nothing less

please don't ever slip me any pot in a brownie at a party, mkay

 

[Cygnus]

...don't ever slip me any pot in a brownie at a party, mkay

ya, we wouldn't want you to go all schizo on us.

 

[Holeshot]

If you get stopped, almost always it's because you did something to get stopped. If the cops think you are impaired -- be it lack of sleep, OTC cold medicines, alcohol or pot -- you are going to get some sort of further scrutiny. If you fail, you get a cite or carted off for DUI.

In your case, for you to fail the field sobriety test because you have "poor balance," you already had to have (a) done something to get pulled over in the first place, and (b) done something or exhibited some behavior to make it worthwhile to pull you out of the car for a field sobriety test.

Seems like a lot of concern over a very low-probability issue.

Not entirely true. A large portion of DUI stops are done for non-moving violations...tags, brake lights, etc.

 

[macadamizer]

Not entirely true. A large portion of DUI stops are done for non-moving violations...tags, brake lights, etc.

Well, that is "doing something wrong!"

But even in those cases, the cops generally don't perform FST's on everyone they stop for a busted tail light or expired tags -- they make contact, see that something is fishy, and then pull the driver out for the FST's.

It just seems like a lot of the arguments I see that focus on these "what if" scenarios are kinda missing the point. There are a lot of issues to consider when trying to decide whether or not to legalize pot or anything else -- it's just that enforcement of traffic laws just doesn't seem to be that big of a deal. We already have a mechanism in place to deal with it.

EDIT: I guess my bigger point is this -- whenever legalization comes up, it presumes that there is going to be this wholesale move towards constant pot use by everyone, and there are going to be huge issues about drivers, etc. Pot is pervasive right now -- how much more pot smoking do people think there would be if it was legal? Making pot legal wouldn't make it any more legal to drive while under the influence -- which is happening now anyway. Employers would still be free to ban it's use at work, just like they ban alcohol consumption. Restaurants and bars and hospitals and most buildings will still be smoke-free. I am jost not sure what the big commotion is all about.

 

[Jakemate]

I am jost not sure what the big commotion is all about.

IT'S TEH MESSICANS!!!!!!!! - The U.S. circa 1935.......

 

[Eldritch]

Tina, if you want to start fighting it, start with the alcohol field sobriety test (which goes beyond simple balance). Until you can prove that's illegal, you're stuck with it, and it'll be used after ganja becomes legal, too.

A person stopped under suspicion of DUI has NO REQUIREMENT WHATSOEVER by law to submit to a breathalyzer test. A citizen can require to be tested by blood draw which could also I'm sure be used to test a subject for marijuana use.

 

[Cygnus]

Ok, you can refuse the breathalyzer and insist on being taken down to the station for a blood test, that sounds peachy. Perhaps that time-consuming dodge will get you out of a DWI, but how does it affect the law's ability to brand you DUI?

Does a person stopped for DUI have to submit to the field sobriety test? can one say "no" to standing on one leg, walking the line, and saying the alphabet backwards? I've never tried it, but I'm guessing if one refuses, the result will be similar. Can I also refuse to have the officer shine his flashlight in my eyes? Does being uncooperative and argumentative hold any weight in determining (during later court proceedings) whether the subject was indeed UI?

 

[b_rizzle]

i've always wondered this too. The logic of "i am not required to take this test" could be like pleading the 5th. It winds up making you seem like you have something to hide.
Court logic: "If he wasn't UI, then why wouldn't he submit to breath test/FST?"

This is why i don't drive drunk. Too complicated. I think with pot, if it can be proven you were toking in the car or very recently (i.e. smells like weed/visible roaches/possession of pot/paraphernalia in the open, etc...) it should be considered a DUI. Sorry, but thats the way it is. Common sense on the LEO will be necessary. Just like if you'd had a glass or 2 of beer, you can openly admit that. If you have an empty bottle in the backseat or open container you're fucked.
This all clouds the issue. A DUI is a DUI. The legalization of sales/distribution/cultivation won't change any position on DUI.

Me and a buddy got stopped once in socal a few years back. Had just smoked a joint. The cop stopped me for speeding. We had a box of swishers on the dash.
The cop asked why we were in a hurry. Blockbuster box also on dash. Ding ding ding.
Me:"Officer, we are in a hurry to return the video before blockbuster closes..."
Long shot.
Officer: "Well slow it down. A speeding ticket is a lot more than a late fee"
lol
Me: "I'm sorry officer. I'll slow it down."
Officer: "No problem. And you probably shouldn't be smoking pot in the car. Have a good night."

We shit our pants and drove away. 5mph below the limit...

Some LEO's really know how relatively harmless pot and potheads are. The focus needs to be on hard narcotics. Legalizing weed would help make that happen...

 

[That Guy]