Kinja reply list

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NET625Ryan Felton
12/27/16 1:45pm
He was driving erratically, instead of giving him a ticket for that they make this up?
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  Urambo TauroNET625
  12/27/16 1:49pm
  Exactly. I don’t care if he was under the influence of having a bad day. He should still be on the hook for driving like an idiot, whatever was in his system.
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  Krusty KrabNET625
  12/27/16 1:51pm
  Exactly! It looks like abuse of power to me. He cut her off; she revenges. It should be clear from the moment when they arrested him despite blowing 0% BAC.
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Takuro SpiritRyan Felton
12/27/16 1:41pm
Joseph Schwab, a 36-year-old union glazier
Glass installer. He installs glass.
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  Arv RamanTakuro Spirit
  12/27/16 1:43pm
  Janitor = Custodian Engineer
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  NET625Takuro Spirit
  12/27/16 1:46pm
  I just imagined a bunch of construction working smoking and doing pottery.
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HonestyRyan Felton
12/27/16 1:47pm
What’s amazing is you can take blood from a person for no reason other than suspicion.
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  daryl bowdenHonesty
  12/27/16 1:59pm
  You need probable cause to do so, which then results in a judge providing an order to obtain blood. If not, the case would be thrown out for violating the suspects 4th amendment rights.
  The probable cause in this case is probably the observation of the officer seeing the person drive erratically. If this weren’t possible you could just refuse to ever submit to any test and drive as drunk as you want.
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  RevengencerAlfHonesty
  12/27/16 2:01pm
  States tend to argue that you give permission when you get your license and operate a motor vehicle. Basically it’s a form of implied consent where through performing the act you’re agreeing to certain things.
  Personally I don’t think it’s solid logic and I believe the degree to which it actually holds up varies. As a matter of practice most states don’t actually force you to draw blood or even take a breath test absent a warrant. They try to coerce cooperation through making it a legal offense not to comply but they won’t actually force the physical act without a warrant.
  Chances are if they drew blood it’s because he let them under threat of prosecution for not doing so (or just because knowing he wasn’t intoxicated he figured it would clear him) and not because he would have been physically forced to. Only other possibility I can think of is if they “take blood” for medical/heath reasons as part of the actual jail intake process and then basically misappropriate it for this use, but who knows.
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RicoRyan Felton
12/27/16 1:40pm
The lawsuit money he’s going to receive after all of this is said and done is going to be LOVELY.
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  Gestapo LibrarianRico
  12/27/16 1:56pm
  There has to be more to this story (personal problem between the cops/DAs office and the guy) because this looks really vindictive.
  This is the type of shit that get you a very nasty call from your bar associations ethics panel, and a very big lawsuit against you and the county.
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  RicoGestapo Librarian
  12/27/16 2:05pm
  The cop (California ABC are cops) was PISSED after getting cut off and seeing this guy probably driving around like an asshole. Tried to collar him for DUI but nothing was in his system so they tried to ruin his day by booking him and towing his car. This thing obviously spiraled out of control and now it’s going to trial.
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the 1969 Dodge Charger GuyRyan Felton
12/27/16 1:46pm
Put me on the jury. Five seconds after we retire for the verdict, we’ll have it. Not guilty to the tenth power.
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  SirRaoulDukethe 1969 Dodge Charger Guy
  12/27/16 2:03pm
  Nah, five minutes...We have to have some coffee first.
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  put-some-turbo-on-meeeeethe 1969 Dodge Charger Guy
  12/27/16 2:04pm
  If I were on the jury, I’d push for nullification. Yes, he had caffeine in his system, but that should never be considered grounds for a DWI.
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Teh Penguin of DoomRyan Felton
12/27/16 1:54pm
What’s so strange about being cited for DUI without alcohol present? He was cited for diminished driving ability, and it was not based on caffeine in the toxicology. There was enough cause to arrest him before the toxicology came back.
The strange thing to me seems to be that an ABC agent did the pull-over and arrest. I kind of didn’t even know that ABC agents had arrest powers.
Your headline is misleading, as
driving under the influence is not based upon the presence of caffeine in his system
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  put-some-turbo-on-meeeeeTeh Penguin of Doom
  12/27/16 2:01pm
  If his toxicology report came back clean of everything they tested for except caffeine, then what other justification can they possibly have for giving him a DWI?
  In other words, the prosecutor is lying when he claims it’s not due to caffeine.
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  Volante3192Teh Penguin of Doom
  12/27/16 2:02pm
  He was cited for driving under the influence. The only drug found in his system was caffeine. Ergo, he was “driving under the influence of caffeine.”
  Now, the more logical conclusion is the cops cited him incorrectly and he likely should’ve gotten a reckless driving citation because, shock of shocks, people can drive like asshats while completely sober.
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cazzyodoRyan Felton
12/27/16 2:01pm
Cut her off?
Lock up half of my state.
Under the influence of caffeine, too?
Lock up the rest.
Emission concerns are now put to rest (unlike half the population jacked up on caffeine).
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  Steve Harvey Oswaldcazzyodo
  12/27/16 2:29pm
  This. If lane changes without signals and cutting people off are crimes, we need to convict and take licenses away from about 75% of drivers on the Washington DC Beltway.
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  OPPOsaurus WRXcazzyodo
  12/27/16 2:43pm
  u sound wicked mad bro, can’t handle driving a cah?
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ZoomRyan Felton
12/27/16 2:06pm
Schwab was driving home from work when he was pulled over by an agent from the California department of alcoholic beverage control, who was driving an unmarked vehicle
Wait what? How does this person have the ability to pull somebody over?
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  Publius in ExtremisZoom
  12/27/16 3:22pm
  Because California is an authoritarian wasteland that apparently has a lot of people who need authority to have control over people’s lives.
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  ZoomPublius in Extremis
  12/27/16 3:33pm
  But I thought California was supposed to fight the new Authoritarian federal government?
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RoboRed "The road to hell is paved with overturned Vanduras"Ryan Felton
12/27/16 2:23pm
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  JD AutosportsRoboRed "The road to hell is paved with overturned Vanduras"
  12/27/16 2:27pm
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$kaycogRyan Felton
12/27/16 1:46pm
Too much caffeine? Who me?
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