Dwi

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LilyM said:
Have you never heard of a high-speed car chase? Police are allowed to break the speed limit (which would be breaking the law for an ordinary motorist) in order to apprehend someone who is doing the same. 🤷
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I think that you did not read my statement. I said that police is not allowed to break the law in order to enforce the law. The are special occasions when a police officer is not subject to all the laws that other motorists must abide but that is a different story.
 
Cristiano said:
I think that you did not read my statement. I said that police is not allowed to break the law in order to enforce the law. The are special occasions when a police officer is not subject to all the laws that other motorists must abide but that is a different story.
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And? Quite possibly they are exempt from laws about headlights as well, if circumstances make it advisable for them to be so.
 
LilyM said:
And? Quite possibly they are exempt from laws about headlights as well, if circumstances make it advisable for them to be so.
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And if you were to read the rest of my post probably you would understand the logic. Instead of trying to argue just read again the whole post and you will see that the caveats are clear and that nowhere it is stated that the lack of use of the headlight is either lawful or unlawful. The statement says that if the law required them to have the headlights on then they should get a ticket.
 
maltmom said:
Actually you can be pulled over for crossing the fog line, no light over your license plate, tail light out, etc…all legit…if you have been drinking you’ll get arrested for DWI if you fail the FST or you blow over the legal limit. The only way you are going to cross the fog line is if you’re not paying attention or you’ve been drinking. Either way they are justified in pulling you over.
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Going over the fog line “once” isn’t going to cut it, at least not in my state.
 
OrangeOwl said:
Going over the fog line “once” isn’t going to cut it, at least not in my state.
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My mom got pulled got pulled over just for hugging the white line late at night on her way home from dropping off one of us kids at college. She was tired and always drives pretty cautiously. The cop thought she was drunk, she wasn’t and the cop just told her to be careful. They might not even need probable cause, just a reasonable articulable suspicion. 🤷

In NY, the cops can set up check points and check for any violations without suspicions. (Though it must be a check point and not just a random stop). They often did this on the entrance ramp to the interstate by us. We never got stopped, but they were really looking for registration violations, but often caught people on the cell phones and drunk drivers as well.

My husband got pulled over many times for burnt out lights (license plate lights, tail lights, etc.) Once he was pulled over because in making a left turn in the dark he went too far and pulled into the shoulder instead of the lane. These were all pretty late at night after visiting me when we were dating. The cops were out looking for drunk drivers. He never got any tickets, just the normal, “drive safe now.”
 
Out here in State of Washington the State Patrol will have certain holidays and weekends to be on the lookout for drunk drivers. These days are usally days that there are more drunk drivers. out on the road. :tiphat:
 
hannajomar said:
I think any healthy society will have this kind of tension. We need to balance people’s freedom with the safety and security of society as a whole. I don’t believe we will ever find that answer while here on earth.
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I agree.

Here in Australia, police have the right to conduct a random breath test (and/or drug test)on any driver at any time. They don’t need any other reason to pull you over first. More commonly, there are check points set up (known as “booze buses”) on roads, typically in the evening, but at any time of day…the morning is not uncommon, where they are targeting people who’ve had a big night.

I’m all in favour if this. It’s a very minor inconvenience (it’s always quick) for motorists pulled over, but if it helps keep drunk drivers off the roads, then great!

Also, there are TV programs showing all this, which helps bring this issue to public attention and reminds drink drivers of the risks of getting caught, as well as the greater risks of their stupid choices.
 
tabycat said:
Out here in State of Washington the State Patrol will have certain holidays and weekends to be on the lookout for drunk drivers. These days are usally days that there are more drunk drivers. out on the road. :tiphat:
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They do the same here in Indiana and also in Kentucky. That said, I do not feel like the police did anything wrong in the OP.
 
Thank you for your responses. Part of my problem is that I believe alcoholism is a disease that knows no financial nor ethnic boundaries. If someone is HIV + we must go to great extremes to protect their rights, even try to find a cure, why can’t we extend the same compassion to this deadly disease?
 
I truly do feel for those who are addicted to alcohol and drugs. Because have this problem doesn’t give them the right to endanger the lives of others. Not everyone arrested with a DWI is an alcoholic. They may have just had one too many at dinner or a party. The law states that one cannot drink and drive. If they are pulled over for a minor infraction and it’s determined they have been drinking they should be arrested. If they are stopped at a checkpoint and they are arrested so be it. The life saved may be yours or someone you love.
 
rebeccanew said:
I have been wrestling with this development in our area and would appreciate any (name removed by moderator)ut you CAF posters could give. There have been two young drivers that have been stopped by the police and charged with dwi. The police followed the drivers without their headlights on until they caught them making a violation (crossing the fog line in both cases), then they turn on their headlights and sirens and pull the people over. I think the police are starting to use stings to the point that it might be violating basic freedoms, and in the end that is bad for everyone, so does the end justify the means?
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It’s entrapment. Police shouldn’t be driving without their headlights on, just like they shouldn’t be camped out in the parking lots of business’ doing speed traps, that’s what the side of the road is for. Hopefully the two will fight the charge because the police themselves were breaking the law by driving without their headlights on.
cessnawag said:
I understand what you mean. In my town we have road blocks that stop every car then a cop sticks this head in your car and asks “what have you been doing tonight”.** I would like to say “none of your business**”. I think we need to get drunk drivers off the street too but this is a bit much.
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đź‘Ť
 
rebeccanew said:
Thank you for your responses. Part of my problem is that I believe alcoholism is a disease that knows no financial nor ethnic boundaries. If someone is HIV + we must go to great extremes to protect their rights, even try to find a cure, why can’t we extend the same compassion to this deadly disease?
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First not everyone agrees that alcoholism is a disease, but regardless, simply having a disease doesn’t give you the right to kill others or put others in danger.

A driver, driving drunk is putting everyone else on the road in mortal danger. We can’t afford to play along until the “hit bottom,” and admit to themselves that they have a problem.
 
garn9173 said:
It’s entrapment. Police shouldn’t be driving without their headlights on, just like they shouldn’t be camped out in the parking lots of business’ doing speed traps, that’s what the side of the road is for. Hopefully the two will fight the charge because the police themselves were breaking the law by driving without their headlights on.

đź‘Ť
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Umm actually no, it is not entrapment. Entrapment requires that the police make the suggestion to commit the crime. To be entrapment they would actually have to be at the bar and be buying the guy drinks and them telling them they are fine to drive home. They can certainly be parked in parking lots looking for speeders (people who are already breaking the law).
 
jilly4ski said:
Umm actually no, it is not entrapment. Entrapment requires that the police make the suggestion to commit the crime. To be entrapment they would actually have to be at the bar and be buying the guy drinks and them telling them they are fine to drive home. They can certainly be parked in parking lots looking for speeders (people who are already breaking the law).
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Not if it’s private property.
 
jilly4ski said:
Umm actually no, it is not entrapment. Entrapment requires that the police make the suggestion to commit the crime. To be entrapment they would actually have to be at the bar and be buying the guy drinks and them telling them they are fine to drive home. **They can certainly be parked in parking lots looking for speeders **(people who are already breaking the law).
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Government property, yes. Private property, NO!
 
garn9173 said:
Government property, yes. Private property, NO!
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What do you mean “private property?” They can be anywhere the public can be. Meaning in school parking lots (on this road by me, there is a change in speed goes from 50 to 40 (to 30 during school hours) and there is a school there and the cops often camp out in the school parking lot to catch speeders), store parking lots, on the side of the road, etc. All of this is perfectly legal, and does not even approach entrapment. Now they can’t be on a residents property or driveway, (though remember cities often own easements on a residents property which might give the cops some leeway there).
 
garn9173 said:
Government property, yes. Private property, NO!
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I have seen many Catholic schools ask the police to sit in the school yard to watch for speeders going through the school zone.

The police can sit on private property as long as they have the permission of the owner.
 
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