I think there are a lot of people driving today who would fail a field sobriety
test for one reason or another. This is because, essentially, they are impaired.
Be it physically, mentally or emotionally, there are a lot of people out there
who would never think of drinking and driving but are not capable of operating a
motor vehicle as if they're sober. I'm not saying that was the case
here, but it is a double standard.
Serve and Protect? I don't think so. Not serving neither protecting.This is happening too often. I was pulled over once because my friends
were doing the YMCA with her hands with the radio playing that song. The officer
asked me if I was drinking. None of us were drinking. In fact, we don't
drink. The only thing that officer could smell was chanel #5, lancome, tommy
girl and bath & body fragances. `He didn't ask me to take any test or
walk the line but I did wonder if it was inappropiate to have fun when driving.
I am going to make sure to put some visine in my eyes next time I
leave the pool and go driving!
Happens all the times in small towns. Impossibile to prove racism with these
If he was driving erratically(which at least from the article is not entirely
being disputed) then he deserves a ticket and should be pulled over.I don't care what the cause of his driving erratically was, if he
wasn't safe, he deserves what he got.
I don't know if this was a racially motivated situation as I cannot speak
for the officers involved. I can say that they clearly screwed up and they
clearly need to pay for their mistakes. They seemingly, purposely told the guy
he was DUI even after he explained his red eyes and bad hip. Then the test was
negative and a drug expert says he never would have arrested him. Make them pay
but if it was not a racial issue please don't make it one now.There
is just too much hate in the world as it is.
Unless your a minority somewhere, you have zero clue of how this feels, only
maybe what it looks like. Although I detest lawsuits, he should sue.@Chris BSir, after seeing your ridiculous ongoing sports post, I
wonder if anyone takes you seriously.... seriously.
He said he has been pulled over 10 times in Sunrise, it would be nice to know if
that is within 2 years or 20 years or? If it is 10 times in only a few years
then it seems like he MIGHT have a good case of DWB (still need to know all the
circumstances). I'm white and at most I've been pulled
over once every five years driving about 20,000 miles a year.
The problem is not the man's race or DUI. The problem is that the police
departments around the country are being run as para-military operations, not
local law enforcement. Don't know who they are bulking up for, didn't
know we had a pending invasion but seeing it in every state. DOJ is passing out
armored vehicles and tanks to the local police and I guess they are getting a
big thrill being bullies these days. Look up the woman who was beaten at the
police booking counter (while in cuffs), the woman that was shot to death at a
Cosco (sample lady, had a knife and scissors) in Washington state last week in a
fully crowded store, it goes on and on. They keep the 'Cops' show on
to desensitize everyone to their new role. We, the public, have eaten it up for
years. Getting pretty scary.
I understand the officers concern, when he crossed the white line.Drinking
and driving is one of the biggest killers on our roadways. However once he
passed the test and explained himself, I don't understand why he was not
allowed to go on his way?
Driving after midnight back to Fort Leonard Wood I felt a bit drowsy. I exited
the freeway and pulled into an empty lot for a nap. Waking up to a bright light
and a torrent of accusatory questions from a police officer, I did my best to
explain. He said my slurred speech was of evidence of intoxication. For just a
moment I felt what it was like to be an innocent suspect--powerless and afraid.
Then the moment passed. You see, I was white and had the I.D. of an Army
officer. A different color and a different occupation and I might have learned
how hard life really is in this prejudiced society for the rest of us.
DWB is well known here in the south. I does not surprise me one bit that a small
AZ town might have the same sorts of cops.I hope he gets his
settlement, and then some. Sometimes the only way to make bigots change is to
force them to change.And Chris -- even if he *did* cross the white
line, that should only have earned him a simple ticket. Not $5,000 worth of
trouble, getting his car impounded, being handcuffed and taken to the police
station, and so on. That is waaaay beyond acceptable.I've been
stopped for suspicion of DUI twice. I wasn't, either time -- both times I
was just tired, driving very late at night on nearly empty roads. (Once was in
SLC, incidentally.) If I had been black, I can easily envision that my treatment
would have been much worse than it was.
Uncle Rico,I actually agree with Chris B to a point...As
we age our mental and physical motor functions decay, for many it is severe and
with growing health problems due to the growing trend of certain lifestyles,
this decay will only be likely to increase.I have had loved ones who
I love dearly. I didn't want them driving at all. As selfish as it is, it
had nothing to do with protecting everyone else (that was just a plus that made
sense), but protecting my loved ones. I didn't want them hurt.I
don't think we should throw the book at people for mistakes that are much
more ignorant or naive than a petty crime. I simply think we should be alert and
pro-active about who drives and under what conditions/influences, etc. I'm
sure Chris B's main point had more to do with that principle. I would hope
we all agree on that part. How swift and severe punishments are I understand
disagreement, but solving problems ought to be everyone's priority.
@MECRActually, it is kind of inappropriate to have fun while
driving. If you're friend is waving her hands all over and everyone's
singing a loud song, you're certainly not paying as much attention to the
road as you would be if all of that weren't happening.There's way too much distracted driving, talking, texting, singing,
eating...it's dangerous. It puts everyone on the road at risk.
It is ridiculous to give someone a DUI when tests show that he is obviously
sober. That is blatantly wrong. If he was doing something wrong, then punish him
accord to his deeds.That being said, other comments on this article
have it right; there is not enough detail to come to any conclusions about him
being targeted by police. My cousin gets pulled over a lot, but I don't
think the police are after him necessarily (although some corrupt police
departments might see that a driver has traffic school or a ticket previously
and nail that driver so the city gets more revenue).
The problem with drunk driving is that it causes ERRATIC driving. The
drunkenness alone is not the problem. People posting on this board seem to be
implying that it's okay to drive erratically as long as you're not
drunk. Before we just "send him on his way" there should be some
investigation as to why he couldn't stay in his lane. That's a
serious problem, whether he was DUI or not.
Police are generally getting out of control. Even here, in Podunk, NM, the
police have an armored car. It is time they remembered that they are merely
overpaid public servants, and not hired to bully the public at their leisure.
As for the FSI? Lots of people would fail it. This is why most
civilized nations do not use it. I would almost certainly fail because of a
hearing problem in my right ear that interferes with the sort of equilibrium
required to pass these idiot tests. And race? Don't know... He may well be
right about that... After all, look at the nut running Arizona these days.
THE MTN MAN, I sure hope you never ever wander out of your lane of traffic, if
you believe crossing the white line is always ticket worthy.It was said he
crossed over out of his lane so the officer pulled him over.They did not
say he was swerving all over the road. Erratic driving is an other can of worms
and we see it all the time from those on the phone and texting.I happen to
have raised a houseful of children and am truly grateful for carseats. I
can not imagine the kind of erratic driving I would have done with my children
crawling around the car and fighting. I don't know how my mother did it.
It was bad enough having them throw things at each other across the car. I
don't think there would be any mothers driving at all if crossing the white
line occasionally was a federal offense.
Last week there was a similar story about a black truck driver with a bad leg
that had the same .000 BAC that was arrested and jailed for 17 days in Box Elder
County even though he passed the sobriety tests He was never charged. He was
stopped by UHP.Maybe these guys should have been charged with
DWB-driving while black.
Surprise indeed! Uhh why did they have to take this poor man to the police
station to give him a breathalyzer test, don't police officers usually have
those on hand? I guess they thought it would save them some money just to have
one in the back of officer Rubble's office. Bad.
I thought of all the things that happened that shouldn't have, what added
insult to injury--and was totally disgraceful--was that in spite of passing the
sobriety test, he was handcuffed and made to sit on the curb, at age 64 with a
hip replacement due in two days. I'm 66, no replacements, but the aches and
pains of age and some seizures make themselves known, and can just imagine how
uncomfortable this man must have felt, and how much that night cost him in
discomfort. Docs don't replace joints unless there is a clear need. I hope
this gentleman wins his lawsuit, at least to pay for what this needless charge
has cost him, and that Surprise has learned not to charge innocent people any
the white line is the one designated to be crossed over. it's the yellow
line you don't cross, if it's solid. so what was the prob;em, again?
A lot of times people are targeted, or treated differently, not just because of
their color, but their ability to fight what is being claimed they did. Call it
DWB, but it could as easily be driving while poor, or driving while hispanic.
Its a relatively well documented. It is more about the defendants ability to
fight back and protect themselves. And on the back side of these cases what
you find is DAs that love to plea out these cases, because they know the
defendants don't have the resources to fully pursue all their legal
options. Its a big warp in the system that needs to be addressed.
1. Crossed white line while driving at night2. Bloodshot eyes (from
swimming)3. Failed field sobriety test (bad knees and hip)4. Cop
cuffs him and takes him for breath test.5. No alcohol, so drug expert
comes and clears him.6. Released.If guy was white same thing
would happen. Every drunk has an excuse for failing the field test. This cop
probably heard 1000 times about bad knees and hips...whatever. Still, PD should
pay for all costs associated with their mistake. Not 50k thou. The only reason
guy says its racism because the cop who pulled him over was white.
Twardy claims:5. No alcohol, so drug expert comes and clears him.6.
Released.If guy was white same thing would happen.Sounds
harmless when you leave out:5a. Arrested5b. Car impounded5c.
License suspended5d. Told to take a DUI classStill think the same
thing would happen "If guy was white"?
Arrest is automatic because of #1,2 and 3. Per Arizona laws the car is
impounded and license suspended automatically upon arrest. So yes, the same
happens every time. That's why PD should pay for the costs. I can't
speak for the DUI class because I have no clue about that.
My deceased husband had a disease called Friedrichs Ataxia, he was diagnosed at
the age of 15, one night he had helped to decorate for the high school prom in a
very small town. He got pulled over for speeding, because he was tired, his
gait was more extreme in poor balance. The officer was doing a sobriety test
and my husband was in tears telling him he had a disease, he didn't believe
him. My father in law was bishop at the time and the police chief was in the
ward, he informed the chief of the poor treatment, and the policeman was no
longer on the job. I actually feel bad for my husband and this officer, I
don't think either were treated fairly.
According to other news sources, the initial police report indicates that he
passed the field sobriety test but was taken in for the breathalyzer anyway -
and when he passed that, they did a blood test - and when he passed that, they
called in the drug recognition expert - who wrote inhis official report that
there was no indication or evidence of substance use - but in spite of all this,
he was not only arrested, but was actually charged with DUI. It was not until he
started raising a fuss that the charges were dropped. And the amount
he is suing for is being reported as $500,000 in other sources. @Twardy: According to AZ law, vehicles are impounded if you are arrested for
extreme or aggravated DUI - which is BAC over .08%. It is impossible to arrest
someone for that prior to them being tested for that - all they can be arrested
for is DUI which does not include vehicle impoundment. Additionally, licenses
are not suspended for DUI until you are found guilty.
DUI is about exploiting the Public. Its about money. The police are out there to
get away with whatever they can. In the end it just a focused approach to law
enforcement designed to Hit the working and able to pay crowd for whatever they
can get away with.The real criminals are not deterred by any of this. Again only
the working and able to pay really care about paying for a lawyer, getting the
car out of the impound, attending the Driver Education Classes, not driving
during the period of the license suspension and then paying for an interlock
device for years at a time. I should know. I did it. I paid the lawyer, paid for
the car, paid for 3 years of driver education, had my license revoked, my
license reinstated. Yet after paying for all of this now I am forever designated
a criminal with deserving no respect or honor. After all is said and done, I
have spent over $50,000.00 for a DUI. Money is the reason for all this. A real
criminal would not do any of this or care if he ran somebody over.
Looks like the decision to arrest was made based on the skin color, but I hope
this is not the case.
Profiling is alive and well and it occurs everywhere.