Drunk drivers beware – 7 days in jail before your bail hearing

[ArmatageShanks]

I wasn't aware of the fact that they ever stopped?

No it gets really bad this time of year, a drive does not occur without a hazard just just missed. At least 1 out of 20 cars you pass is doing something really bad

 

[PPLdude]

depends on the drink, the size of the person drinking, if they have eaten etc.

i agree, that paralytically drunk people should not operate anything. even tipsy some people cant handle.

but, ive known people to get into trouble for a single draught beer more than 2 hours earlier. sometimes the longer the roadblock carries on, the more de moer in that officer becomes.

I don't think eating alters blood alcohol percentage

 

[ArmatageShanks]

I don't think eating alters blood alcohol percentage

It does, being to pissed to drive, go for a garage pie or 2 and your sorted.

 

[ProfA]

It does, being to pissed to drive, go for a garage pie or 2 and your sorted.

I think you need to eat BEFORE drinking. Not after

 

[ArmatageShanks]

I think you need to eat BEFORE drinking. Not after

Will have the same effect, a reduction or delayed blood alcohol level

 

[supersunbird]

Will have the same effect, a reduction or delayed blood alcohol level

Only if the alcohol is not all already in your blood but some still in your stomach.

 

[LazyLion]

So... "guilty before being proven innocent"?

This will never pass the constitutional test, in fact even 48 hours (one weekend) is technically too long.

 

[ArmatageShanks]

So... "guilty before being proven innocent"?

This will never pass the constitutional test, in fact even 48 hours (one weekend) is technically too long.

It probably is too long yeah, but you learn allot in that time, at least I did.

 

[ForceFate]

That it is, also people who don't drink tend to be cnuts have you noticed, when they arrive at the braai everyone sort of mutters oh for fffff sake.

I don't bother anyone ever. I tend to avoid extremely drunk people though. They're bigger cnuts. The endless hugs and handshakes and breathing into your face and being general nuisance...

 

[ArmatageShanks]

I don't bother anyone ever. I tend to avoid extremely drunk people though. The endless hugs and handshakes and breathing into your face and...

Yeah everyone avoids extremely drunk people, you can be annoying even if you feel you don't bother anyone. That oke sitting there by himself sulking or the one who has nothing to say the whole time, that's annoying.

 

[access]

the one who has nothing to say the whole time,

lol you paranoid?

 

[ArmatageShanks]

lol you paranoid?

No they are just depressing

 

[access]

No they are just depressing

at least you dont sit by yourself when you sulk right..

 

[ArmatageShanks]

at least you dont sit by yourself when you sulk right..

No I do this in full view of all my coworkers, daily.

 

[quovadis]

You're missing the point. They should not be arrested for having a single drink and being borderline. It is a stupid use of force by the police.

No. The way the law is supposed to work is that the police enforce the LAW. If the law states you should be arrested if your blood alcohol level is past a certain point then it doesn't matter if you appear drunk or not, have had 1 drink, 1 shot or a case of beer or even if your driving skills are better than the average sober person. You should be arrested and the "borderline" aspect can be argued with the prosecutor or a judge if it progresses to court. Going back to the actual topic of this thread, the proposal of denying the ability to have a bail hearing and detainment for 7 days denies a person their right to defend themselves in such "borderline" cases. The problem is the lack of proper enforcement, prosecution and sentencing.

 

[mattrudlles]

No. The way the law is supposed to work is that the police enforce the LAW. If the law states you should be arrested if your blood alcohol level is past a certain point then it doesn't matter if you appear drunk or not, have had 1 drink, 1 shot or a case of beer or even if your driving skills are better than the average sober person. You should be arrested and the "borderline" aspect can be argued with the prosecutor or a judge if it progresses to court. Going back to the actual topic of this thread, the proposal of denying the ability to have a bail hearing and detainment for 7 days denies a person their right to defend themselves in such "borderline" cases. The problem is the lack of proper enforcement, prosecution and sentencing.

And I disagree with that (I.E., the law should be changed to make it more discretionary). The court's do not need to be clogged up with 'technically drunk' people on a Monday morning, nor should those people be subject to spending a weekend in prison.

The laws can change.

 

[quovadis]

And I disagree with that (I.E., the law should be changed to make it more discretionary). The court's do not need to be clogged up with 'technically drunk' people on a Monday morning, nor should those people be subject to spending a weekend in prison.

The laws can change.

Yes, because the rest of the world allows over-the-limit drunk drivers to continue on their way. (sarcasm in case you're not sure). Law enforcement officers enforce the law and aren't there to interpret it or dish out discretion in relation to it where the law is not discretionary.

 

[mattrudlles]

Yes, because the rest of the world allows over-the-limit drunk drivers to continue on their way. (sarcasm in case you're not sure). Law enforcement officers enforce the law and aren't there to interpret it or dish out discretion in relation to it where the law is not discretionary.

No one said they could continue on their way. Why don't you save your sarcasm and apply your mind to an honest debate about a serious issue.

 

[mattrudlles]

No one wants drunk drivers on the road, but we also don't want to incarcerate people unnecessarily. We have two issues here, and technically drunk drivers are productive members of society who do not necessarily have accidents. Rather we should be concerned about those people who have had to many drinks. Yes it isn't black and white then, but so what? The law shouldn't always be black and white either.

If you pull over car A with a technically drunk person who has been driving perfectly fine, complied with every direction given to him/her, then tell them step out of the car and call a friend/family member to pick up the car, and charge them with DUI but don't arrest them. They will then be summoned to court for their hearing.

If you pull over car B with a really drunk driver who is clearly drunk, with the breatheliser only confirming what is known, then we are talking about a different issue - arrest them.

 

[quovadis]

No one said they could continue on their way. Why don't you save your sarcasm and apply your mind to an honest debate about a serious issue.

Please advise what discretion you are referring to then. You are advocating for a police office or a traffic officer having the ability to apply the law how and where they see fit. That's not their job.