Archive for September, 2009

The DUI Double Standard

Monday, September 7th, 2009

I've  written ad nauseum about the double standard that is pervasive when it comes to citizens accused or convicted of drunk driving.  See, for example, The DUI Exception to the Constitution.  The following news story is only the latest reflection of this neo-prohibitionist attitude:

County Wants DUI Convicts to Pay for Jail Stay

Tucson, AZ.  Sept. 6 — If Pima County officials have their way, more convicted drunken drivers will soon have to pay for the privilege of eating and sleeping at the county's Adult Detention Center.

Jail officials recently met with judges and top prosecutors to remind them that they have the authority to make convicted drunken drivers reimburse counties for the cost of locking them up — which the jail officials want them to do.
Although the law has been on the books since 1997, and prosecutors include it in plea agreements, judges have not been consistently imposing the fee, said Jan Kearney, presiding Pima County Superior Court judge…

Kearney and Superior Court Judge Richard Fields said the chances of judges imposing the fees remains unlikely, for the same reason they haven't been regularly imposed in the first place.

Drunken driving is one of the most expensive crimes to commit in terms of the fines and fees required by state lawmakers and fighting at trial, Fields said…

"I don't fault the sheriff at all for asking, but the reality is we have to make an assessment of what defendants can afford to pay," Fields said. "In the end, you can only get so much from folks."
Kearney agreed, noting that there is no point assessing reimbursement fees knowing they won't get paid and knowing the defendant would end up in jail again for not paying them.

So…why aren't there laws requiring other prisoners to pay for the "privilege" of being jailed – rapists and child molesters, for example?  Why only for DUI?

Interesting that the two judges don't object to forcing drunk drivers to pay for their own imprisonment  because it's discriminatory and unfair.  Their only objection is a practical one:  they've already been penalized so much there's no more money to be had.


DUI Cops Inspired by CIA?

Thursday, September 3rd, 2009

The latest news from the front in MADD's "War on Drunk Driving"….

Man Says Police Forcibly Collected Urine Sample

Lawrenceburg, IN.  Sept. 3 — An Indiana man has filed a lawsuit claiming that police forcibly withdrew urine from his body during a drunken driving arrest.

 According to the suit, police arrested Jamie Lockard, 53, on suspicion of drunk driving in March.

 A Breathalyzer test showed he was under the legal limit, but Officer Brian Miller doubted the findings.

 Lockard and his attorney claimed in the suit that police took him to Dearborn County Hospital and forced him to submit to a urine test.

Police said they obtained a warrant, but Lockard's attorney said his client was shackled to a gurney and had a catheter inserted against his will.

 "It has to be executed reasonably," said attorney Doug Garner. "No one would say this is reasonable behavior. It's reprehensible that anyone could think that this is appropriate."

 The test showed that Lockard's blood-alcohol level did not exceed Indiana's legal limit, police said.

 Garner said the police officer did not apologize, but instead charged Lockard with obstruction of justice.

Hmmm…Breath test shows suspect is innocent…but he "flunks the attitude test", so…cop decides to administer "attitude adjustment" therapy…test confirms innocence…cop covers ass by arresting suspect for "obstruction of justice".

I'm surprised the cop didn't use the catheter to extract a confession.

You think this was just an aberrration?  An isolated instance of a bad cop?  Take a look at a similar story from Washington State I posted on a few months ago:  Catheter Forced Up Penis After DUI Arrest.  Or how about cops jamming needles into handcuffed suspects in the backs of their cars?  See Forced Blood Draws by Cops in Back Seat and Blood Draws in the Back Seat by the Dashboard Light.

Welcome to "The War".

(Thanks to David O'Shea.)