mswaim said:
That sounds like a sensable way to curb DUI's without alienating patrons.
Drunk in public...inside a bar...
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That sounds like a sensable way to curb DUI's without alienating patrons.
The problem with letting them get behind the wheel before taking any action is that it isn't guaranteed you will get them stopped. There is also the chance that you try to effect a stop and they book.
Then you have a DUI driving recklessly to ditch the police. He wrecks and kills people and the police are now carrying a major burden and people are dead because we wanted to trust the drunk and give him a chance to make the right decision while impaired, even though we could have nipped it as a class C public intox (in TX) versus a class B DUI and a felony for intoxication assault or manslauter..
Dead persons family gets to sue drunk and cops when the lawyer gets the case report with an open records FOIA request and finds out police had a chance to contact the DUI in the bar before hand.
Do we see a pattern?
Then you have a DUI driving recklessly to ditch the police. He wrecks and kills people and the police are now carrying a major burden and people are dead because we wanted to trust the drunk and give him a chance to make the right decision while impaired, even though we could have nipped it as a class C public intox (in TX) versus a class B DUI and a felony for intoxication assault or manslauter..
Dead persons family gets to sue drunk and cops when the lawyer gets the case report with an open records FOIA request and finds out police had a chance to contact the DUI in the bar before hand.
Do we see a pattern?
True...that would be worse. It probably is the best way to proactivly go after DUI's. What I guess bothers me since i don't drink and drive, is that i would be furious if i was minding my own bussiness getting drunk and having a good time not causing anyone trouble and into the bar comes the local police to give me a PI ticket.
8616v said:
This is a good point. I don't drink and drive either, but if I wanted to go to a bar and had a designated driver that was not drinking, I can't see how you could be arrested, unless you were causing a problem in the bar.
frankin said:
It is because some jurisdictions have a law that is illegal to be drunk in public. Regardless of whether you are causing problems or not. In most jurisdictions it would require you to be drunk and disorderly to get arrested.
+1
mswaim said:
what about if you didn't wanna drive but its 10 degrees outside... you have the car on for heat so you don't freeze to death and your sleeping in the back seat... what then?
You can be charged with DUI. Call a taxi!
Now there is one of those "moron" laws. No one can tell me how drunk i can get as long as im not belligerent or extremely obnoxious. The cases where "average" people are doing anything in public causing any harm is few and far between. I will give LEO's that there are some but nothing compared to DUI/DWI's. There so many damn laws about drinking it's no wonder why people drive drunk. Pretty much no matter what they do if there out having a good time and have a few drinks they have a chance of being arrested whether there still in the bar, walking home, driving home etc... It's so asinine that you can get a ticket for being responsible and not driving home when you know you've had to many.
Also about the arresting people in bars thing, it really depends on the state. I know in IL there is NO WAY a officer can go into a bar and arrest you for being intoxicated unless the bar itself or someone has complained. If your just sitting with some friends minding your own business not causing any problems and slurring your words a little a officer CAN NOT arrest you. That would violate more then one of your rights!! Yes LEO's i know the laws, my father is a retired county deputy of 28 years, I worked as a CO for a little bit of time and was thinking about getting my LE degree and becoming an officer so i know the laws in my state.
Also about the arresting people in bars thing, it really depends on the state. I know in IL there is NO WAY a officer can go into a bar and arrest you for being intoxicated unless the bar itself or someone has complained. If your just sitting with some friends minding your own business not causing any problems and slurring your words a little a officer CAN NOT arrest you. That would violate more then one of your rights!! Yes LEO's i know the laws, my father is a retired county deputy of 28 years, I worked as a CO for a little bit of time and was thinking about getting my LE degree and becoming an officer so i know the laws in my state.
SprayedMystic said:
So, if your father was a neurosurgeon would that mean you could perform brain surgery? :shrug:
Mystic one
Since you know everything, which right would it violate, exactly???
Since your constitutional rights don't vary in any state, I'd love to know which civil right I have violated by PI'ing people out of bars. I may as well be prepared for my upcoming 1983 lawsuits I'll have stacked against me, know that you've let me see the light!
:thisiswheretherollingeyesguycomesinhandy:
Since you know everything, which right would it violate, exactly???
Since your constitutional rights don't vary in any state, I'd love to know which civil right I have violated by PI'ing people out of bars. I may as well be prepared for my upcoming 1983 lawsuits I'll have stacked against me, know that you've let me see the light!
:thisiswheretherollingeyesguycomesinhandy:
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FordSVTFan said:
Actually if you would have read the whole statement instead of just commenting on one part. I was also a CO for 2 years and during that time I was taking classes as well learning the laws so i could get out on the street.
Cochese said:
Jesus, your an LEO and you don't know?? This is the kind of thing I am talking about. So many LEO's don't know a person's full rights and think that just because they have a badge they can decide what's right and wrong regardless of rights or laws. Search the internet, it's got a mass quantity of information on a person's rights, including your own. IMHO i don't think any U.S. citizen should go on not knowing the individual rights they possess. Take a look at the FIRST amendment. The right of people to PEACEFULLY assemble. Like i said, if i am in a bar regardless of being drunk or not as long as i am not acting like an idiot and causing problems etc.. there is no reason for a citation or an arrest to be made.
This is the exact reason i wanted to become a LEO. I wanted to be one of the people who upheld everything that was fought to gain. Rights being one of them. So many "bad" LEO's give the whole institution a bad name. This is why there is SO much violence and hostility towards the institution and LEO's in general.
By the way, Being an LEO you should think about something EVERYONE should know by now. Do onto others as you would like done onto you.
Would you like to be sitting in a bar having a few drinks and get arrested because your "to drunk" in a private establishment?? But the sad thing is that CAN"T happen to you because there your buddies so you'll be allowed to break the "law" that you made and others will suffer. All because you have a badge, just becaus of that doesn't mean you should be held above the law but that is majority of the time the case. It's just asinine!!!
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SprayedMystic said:
I read the entire post. Being a Corrections officer has no correlation to working the street as a sworn law enforcement officer!
SprayedMystic said:
That isnt correct, as stated previously some states have laws against being drunk in public. Regardless of how you act, you have violated the law just by being intoxicated and in public, hence an arrest or D.A.T. is in order.
That comes from your personal experience on the street as a police officer? No!!!!
How about, dont break the law and you will be fine!!
I wouldnt be drunk! I certainly wouldnt be intoxicated in a public area. Additionally, a bar although can be under private ownership, it is a public establishment! You need to go read your books again.
Again you make silly assumptions not based in fact or your experience as a L.E.O. If another L.E.O. disregards his duty to effect an arrest, they are putting their career in jeopardy and that is not likely to happen today.
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