Only in California. Caffeine dui 10 months after the fact.

[Ronin13]

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.

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.

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.

[Aloha_Shooter]

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.

[SamuraiCO]

And CA can't understand why flyover country doesn't understand their stupidity.

[TheGrey]

Unbelievable.

That's it. I'm stockpiling caffeine.

[Skip]

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.

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.

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.

[CS1983]

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.

[Circuits]

If it wasn't clear before, it is now. California has gone FULL RETARD.

[Irving]

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.

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.

Court doesn't work like we think it works.

[DavieD55]

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.

[Hummer]

The prosecutor should not have brought charges. I looks to me the defense has a case for malicious prosecution and damages.