Arrested for drinking and driving

[Dolby]

Sorry to hear what?

Sorry but what ???

For 0.32 ... ?

These machines aren't accurate - fact. Breathing patterns, incorrect calibration, temperature, mouth alcohol can all influence the final read out. In Australia, police actually take this into account and allow for a variance on the reading. They use their own common sense. However, take the reading as accurate : at breathe alcohol of .32 he should have a blood reading of under .07 - still legal in many places.

But - What if it read his mouth alcohol?
What if the machine put him over when he wasn't?
What if it wasn't calibrated as per manufacturer?
What if he took cough mixture earlier in the evening?

Is it worth it to ruin his entire life, future job opportunities, forfeit his cars and throw away the keys because of an inaccuracy? What about his studies that could benefit society, that now won't accept him because of a .32 reading that is quite possibly incorrect?

Had it been higher, I understand what you're saying - but not at the level.

 

[Rouxenator]

Thank god this is not Germany because I love to cycle under the influence. My sister is in Germany and there they confiscate your bike if you do.

 

[Forza]

Sorry to hear what?

Sorry but what ???

And as mentioned I stopped drinking a couple of hours before driving. So it's not like a was piss drunk and couldnt drive - i sobered up.

I do understand drinking and driving should not be condened. But I do think as a first offender it is harsh if a criminal record be against your name for life.

As PostmanPat said that as a first offender one will probably be submitted to NECRO for counselling, etc and have to do community service - so give the person a chance and learn from your mistakes. Depending on how far over the limit you were then a harsher punishment should be served.

 

[alsoran]

i sobered up.

Clearly not if over the legal limit.

 

[akescpt]

people at work do this all the time. don't listen. drinking and driving. makes me java.

 

[Dolby]

Clearly not if over the legal limit.

You clearly never the read thread

 

[PostmanPot]

For 0.32 ... ?

These machines aren't accurate - fact. Breathing patterns, incorrect calibration, temperature, mouth alcohol can all influence the final read out. In Australia, police actually take this into account and allow for a variance on the reading. They use their own common sense. However, take the reading as accurate : at breathe alcohol of .32 he should have a blood reading of under .07 - still legal in many places.

But - What if it read his mouth alcohol?
What if the machine put him over when he wasn't?
What if it wasn't calibrated as per manufacturer?
What if he took cough mixture earlier in the evening?

Is it worth it to ruin his entire life, future job opportunities, forfeit his cars and throw away the keys because of an inaccuracy? What about his studies that could benefit society, that now won't accept him because of a .32 reading that is quite possibly incorrect?

Had it been higher, I understand what you're saying - but not at the level.

 

[alsoran]

You clearly never the read thread

I did, the whole thing.

I make no apologies for believing there should be zero tolerance. My personal belief is the limit should be zero and the penalties should be outrageously severe if the legal limit is breached. I try to live to that ideal and if I have any alcohol I do not drive.

It is called willpower...you should try it sometime.

 

[Rouxenator]

I believe the limit is way to low. I am living proof.

 

[marine1]

I believe the limit is way to low. I am living proof.
View attachment 166685

Living proof of what? That drugs are bad for you?

 

[Dolby]

My personal belief is the limit should be zero and the penalties should be outrageously severe if the legal limit is breached

And, in doing so, base a persons future on an inaccurate machine? I'm glad we don't have you heading up anything major :/ I see a jail full of innocent people with lives in shattered because of your personal beliefs. To each his own, I guess

I guess you're the type of person that never does more than 60km/h and, if caught above that, you're happy with jail or any other punishment?

PS If you read harder, I've been pushing Uber ... which I use. You should try it sometime - use this code uberdolby for R90.00 credit

 

[Rouxenator]

Living proof of what? That drugs are bad for you?

That yo shiz iz weaks.... WIZEAK!

 

[alsoran]

And, in doing so, base a persons future on an inaccurate machine? I'm glad we don't have you heading up anything major :/ I see a jail full of innocent people with lives in shattered because of your personal beliefs. To each his own, I guess

I guess you're the type of person that never does more than 60km/h and, if caught above that, you're happy with jail or any other punishment?

PS If you read harder, I've been pushing Uber ... which I use. You should try it sometime

My understanding was that you cannot be convicted on the breathalyser alone. Blood tests are required to convict.

Was my understanding incorrect?

As for Uber I find it easier and cheaper to stay sober my personal preference. I am applaud you for being responsible and using them and apologise for the willpower remark. It still stands for the other morons that drink and drive tho.

 

[Dolby]

Was my understanding incorrect?

I know at least one case where they did use breath alcohol for a conviction - but generally you are right. They can use something called Henrys Law to determine (roughly) blood to breathe, and vice versa. However, that won't work at all in borderline cases at all.

As for Uber I find it easier and cheaper to stay sober my personal preference. I am applaud you for being responsible and using them and apologise for the willpower remark. It still stands for the other morons that drink and drive tho.

+1

By the way, I do agree with you. If he came in here showing little remorse and figures indicating a dozen beers, shots etc I'd probably react the same as you and some of the others. I just think his particular situation is borderline and taking into account the inaccuracies of the machines, he could be totally innocent - and not worth ruining a life when there is doubt.

EDIT : This may be the case - don't have time to read through everything in it http://www.saflii.org/za/cases/ZAECHC/2005/36.html

 

[Forza]

I did, the whole thing.

I make no apologies for believing there should be zero tolerance. My personal belief is the limit should be zero and the penalties should be outrageously severe if the legal limit is breached. I try to live to that ideal and if I have any alcohol I do not drive.

It is called willpower...you should try it sometime.

So let's say your son/daughter was caught drinking and driving but was not drunk. Had 1 or 2 drinks, was ok to drive. Should he/she be SEVERLY punished based on this. Get thrown into jail for years and future destroyed based on this.

If you have NEVER (in your late teens or young adult) driven while under the influence then I applaud. I'm sure 80%-90% has done this but not all has gotten caught

 

[Kloofvreter]

And, in doing so, base a persons future on an inaccurate machine?

These machines are inaccurate, but they still give the officer an indication, and if the machine says you're drunk, he can decide whether to draw blood. Then you cannot argue inaccuracy.

So let's say your son/daughter was caught drinking and driving but was not drunk. Had 1 or 2 drinks, was ok to drive. Should he/she be SEVERLY punished based on this. Get thrown into jail for years and future destroyed based on this.

If you have NEVER (in your late teens or young adult) driven while under the influence then I applaud. I'm sure 80%-90% has done this but not all has gotten caught

Same goes for a family that goes to Spur, dad has 3 glasses of wine with a 3 course meal and gets pulled over and hauled off to jail. Far from drunk, but should he be hung out to dry? I don't believe so.

 

[Dolby]

These machines are inaccurate, but they still give the officer an indication, and if the machine says you're drunk, he can decide whether to draw blood. Then you cannot argue inaccuracy

But then OP shouldn't be slated and ripped apart for being in all likelyhood, not over the limit. Let them wait for the results to come back before wanting to forfeit his car and throw him away forever. The officers here just got by the 0.24 on the screen and that is that - very, very few apply logic.

If I was a judge, I'd be very tempted to through OPs case out of court

 

[Kloofvreter]

But then OP shouldn't be slated and ripped apart for being in all likelyhood, not over the limit. Let them wait for the results to come back before wanting to forfeit his car and throw him away forever. The officers here just got by the 0.24 on the screen and that is that - very, very few apply logic.

If I was a judge, I'd be very tempted to through OPs case out of court

I agree, but not according to the citizens of MyBB who will stone you from atop the highest of horses.

 

[thefred]

If they took blood more than an hour after your bretherlizer test then the case will get thrown out. I forget on what grounds. Do we have any lawyers here?

 

[Rouxenator]

This thread is fail because I do everything better after I had a drink or two. I'm just your average Joe.