https://www.yahoo.com/news/man-calif...192312988.html
Please secede.
Printable View
https://www.yahoo.com/news/man-calif...192312988.html
Please secede.
I read this last week and could only shake my head in disgust.
They will never secede...they suck too much money from the federal budget. We need to "vote them out". lolQuote:
Originally Posted by fitz19d
I'm so guilty :(
It's clear the DUI enforcement officer wanted to jam him up for something and after a clean blood test all they have is caffeine. They are making a mockery of themselves just by charging. Never mind the obvious lack of PC for the blood test in the first place.
If common food items in proper moderation are now intoxicants then I guess we'd all better start driving around with an empty stomach. Is low blood sugar incapacitation? Are LE going to stop drinking coffee too? Wow, that stupid burns.
The stupid keep digging.
It wasn't a DUI enforcement officer, it was a compliance officer. "Joseph Schwab, 36, was pulled over on August 5, 2015, by a California Department of Alcoholic Beverage Control agent in an unmarked car who claimed the 36-year-old had cut her off and was driving erratically,
Quote:
Originally Posted by Skip
Thank God it wasn't Viagra, that would be a hard one to beat in court.
[facepalm]Quote:
Originally Posted by BushMasterBoy
Might cause a few more charges to arise....Quote:
Originally Posted by BushMasterBoy
Probably with stiff penaltiesQuote:
Originally Posted by Dave
Quote:
Originally Posted by OneGuy67
https://www.abc.ca.gov/jobs/Agents.html
What difference, at this point, does it make?Quote:
An agent with the California Department of Alcoholic Beverage Control is a non-uniformed, sworn peace officer who performs the full range of peace officer duties and responsibilities in the accomplishment of his/her assignments.
Agents work independently, but are also called upon to assist and rain allied law enforcement. While affecting arrests, Agents are oftentimes required to use reasonable force to overcome resistance from suspects.
Sworn officer + arrest powers + charges = same thing. The outrageous aspect of this is the scope of her powers/investigative ability and lack of PC probably won't come up. The trial (if it happens) will about caffeine consumption and impairment.
We have the same thing here within the Department of Revenue. Those that fill those positions may have attended an academy at one time, but doesn't make them knowledgeable in other areas outside of their compliance enforcement duties. If there was an incident that occurred, she should have called a uniformed officer to the scene who most likely would have had training in DUI enforcement, not liquor compliance.
The difference, at this point, is that a trained officer should have made the arrest if there was an arrest to be made, not a compliance officer. Your mistaking a compliance officer for a DUI enforcement officer is careless typing. I disagree with your last assessment as any good defense attorney will be able to dismantle any argument made of her "training and experience" if neither of them included any time as a street officer with the appropriate roadside maneuver training.
She was and is a trained peace officer in the Republic of California. As ridiculous as that sounds (the link is above). She was given an unmarked car with lights to pull over the "suspect." We really don't know her training beyond that.Quote:
Originally Posted by OneGuy67
The training and experience is immaterial and a waste of defense resources because the evidence the DA will admit in court proves he was not impaired. He blew a 0.00. He passed two independent blood tests that found no intoxicants or drugs in his system, only caffeine.
Attacking the experience and PC is almost a disservice to the defense because the state's own blood tests work against them.
The trial will come down to if caffeine, a common food item, is an intoxicant.
The chief deputy district attorney in the county where Schwab was held, Sharon Henry said her office was “conducting further investigation in this matter," The Guardian reported. “The charge of driving under the influence is not based upon the presence of caffeine in his system."
California just needs to get on with it and break away from the USA, and declare themselves an authoritarian based government. The direction they're going, might as well make it official.
I'm not sure what you are arguing. She may have been a trained peace officer for California. It doesn't mean she is trained in all aspects of law enforcement. She may have been given a vehicle; Colorado gives vehicles to its DOR compliance officers too. Big deal. Again, the fact she may not have been trained or have experience in DUI enforcement is a big deal and would come out for the defense. The defense would tear her up for making an arrest based upon zero experience, training or education in DUI detection or enforcement. If there is no alcohol present, then a trained Drug Recognition Expert (DRE) is called in to conduct a more thorough set of roadside maneuvers to determine if something other than alcohol may be present, especially in California, where the DRE program was started and is rigorously trained. As a former DRE officer, I can tell you that I conducted numerous investigations to assist the regular patrol officer.
Training and experience is not immaterial. An officer does not make an arrest unless there is probable cause to make the arrest. If you don't have the experience to know that someone is impaired by alcohol or drugs, you don't make the arrest, you call someone to assist you who would. The totality of the the officers training and experience in conducting DUI investigations is the bedrock of making a probable cause arrest for impairment. And frankly, attacking the experience and the probable cause is the first thing all defense attorney's do.
Quote:
Originally Posted by Skip
Come on....Quote:
Originally Posted by BushMasterBoy
Velocitas, Opprimere,
Violentia Operandi
Sometimes, people are just assholes and it has nothing to do with where they live/work. I think she stepped way out of line and should be fired. It'd be one thing to write a ticket for careless driving, but to try and slap a DUI on someone is a serious attempt to screw up their life in the immediate future, and very possibly long term.
She's lucky I'm just a nobody on the Internet or her last task at work would have been a full apology to that guy, in person, while holding the contents of her desk in a box.
https://s-media-cache-ak0.pinimg.com...b455cda119.jpgQuote:
Originally Posted by BushMasterBoy
Trust me, you don't want that. If California breaks away, they will look like Venezuela in just a few months and then all the zombies will be literally invading the US to get away. If we're going to build a wall, it ought to be around CA.Quote:
Originally Posted by jmg8550
Also, I hope this dude sues the shit out of the state.
I was thinking a lot of this as well... I hope the defense tears this whole house of cards apart. Shocking that there was a deputy DA that would actually prosecute the case... then again, it is CA.Quote:
Originally Posted by OneGuy67
I know that I've come into work on 2 cups of coffee and then later downed a monster. Should I have not been on duty that day? Caffeine isn't exactly an intoxicant.
https://www.youtube.com/watch?v=o6SWofbYD90Quote:
Originally Posted by HoneyBadger
And CA can't understand why flyover country doesn't understand their stupidity.
Unbelievable.
That's it. I'm stockpiling caffeine.
I mentioned above there is no PC. That is important but again, probably won't come up. There are plenty of DUI cases where a person "passes" a breathalyzer or roadside and goes on to get nailed a blood draw. The reckless driving could be PC for a stop.Quote:
Originally Posted by OneGuy67
My point is it's better for the defense to play a hand they can clearly win rather than one that is questionable. The absurdity of caffeine being an intoxicant and (if consumed as most do) being an impairment is where I would go rather than trying to disqualify the "agent" (the evidence does that).
Experience set aside, an arrest was made (still can't believe it). Suspect is charged. DA isn't backing down. You seem to be saying "I wouldn't have done this" which makes since because you seem like an honest and decent LEO. I don't think that's in play here. ;)
Imagine all the intoxication which will go into the preparation of both the prosecution and defense. Would be hilarious if the Prosecutor brings in coffee to drink during trial and the Defense plays on it.
If it wasn't clear before, it is now. California has gone FULL RETARD.
Quote:
Originally Posted by Skip
Court doesn't work like we think it works.
If Colorado voters don't pull their heads out from between their legs this is the path Colorado will go down under democrat / progressive commie control as it already is. we're about 5 to 10 years behind "kalifonya" in regards to this statism. Coming up in the midterm elections of 2018, if the democrats get a majority in the state senate, maintain the house, and another communist or RINO gets elected for a governor, BS like this will become the norm here in this state too.
The prosecutor should not have brought charges. I looks to me the defense has a case for malicious prosecution and damages.
Experience set aside, an arrest was made (still can't believe it). Suspect is charged. DA isn't backing down. You seem to be saying "I wouldn't have done this" which makes since because you seem like an honest and decent LEO. I don't think that's in play here. ;)
I wouldn't have, but no, that is not what I am saying. I am saying the defense attorney will have a field day with this case, starting with the lack of PC for an arrest. You don't need PC to make a stop, just reasonable suspicion. Prosecutors always start with the officers training and experience to lay a foundation to show the officer has the required experience to conduct the investigation and any subsequent arrest. It is the same foundation that defense attorneys will want to poke holes into. I work complex investigations and the defense always wants to try to poke holes in my training and experience and usually after that unsuccessful attempt, they then attack the evidence and the procedure for collection of evidence.
The government just wants the drivers money. And justice for all. Bleh MSM reporting.
Neckbeard....[Coffee]Quote:
Originally Posted by TheGrey
I keep thinking how funny it would be if California secedes, they would promptly be invaded, probably first by the Mexican fifth column already there, and then it would become a russo-sino battleground. Good luck defending that.Quote:
Originally Posted by jmg8550
If this were the norm in California, it wouldn't be news on the first place.
define Norm & California.Quote:
Originally Posted by Irving
You're talking about a state that is under water health care wise in LA and other sanctuary cities. Where cutting down trees has the potential to be charged with an EPA violation. 10 day waiting period for a firearm and soon to be BGC and a permit required to buy ammunition.
AND................ ALL wood stoves purchased in CA must be registered !!
I agree there will be a field day.Quote:
Originally Posted by OneGuy67
Her incredible actions led to a breath test that returned a whopping 0.00 and two blood tests which came back clean. She could be an incompetent idiot or experienced genius, all she did was prove, by a higher standard than reasonable doubt, that the poor guy was stone sober.
That's how ridiculous this (appears) to be.
You think a jury would convict a guy for a cup or two of coffee? It's no ham sandwich, but damn.Quote:
Originally Posted by Irving
http://www.usatoday.com/story/money/...mania/2069335/
Add in tea and soda/colas (also has caffeine) and you're probably close to 90%. So 90% of the people in that court room will have consumed caffeine prior to driving to the courthouse that morning or at some point in the day.Quote:
About 83 percent of adults drink coffee in the U.S., the world's biggest consumer of the beverage, up from 78 percent a year earlier, according to the National Coffee Association's 2013 online survey.
I'd take those odds (assuming I didn't pound 10 shots of espresso) anywhere but Utah!
They can have my caffeine when they pry it from my cold, dead, quivering hands.Quote:
Originally Posted by TheGrey
^^ EXACTLY! LOL! [Coffee]
If you think I'm a cranky bastard with caffeine, just see what happens when I don't get it. [panic]