17 drunk driving cases tossed because of police.

Post Reply
twobits
Guru
Posts: 8125
Joined: Nov 25th, 2010, 8:44 am

Re: 17 drunk driving cases tossed because of lazy police.

Post by twobits »

Trunk-Monkey wrote:Yep no reason for the laws to change and or adapt....none at all...\
http://www.castanet.net/edition/news-st ... .htm#87034


And were there not adequete laws already in place to deal with this drunk woman crashing her car, driving on a rim, with a child in a car seat? I fail to see why the laws had to "adapt" in this example you provide. And because this one will definately be going to a criminal court, you can also bet that she was taken to the detachment to blow into a "real" machine. Why is that? Could it be that the roadside screener does not provide admissable evidence. Talk about you boys wanting to have your cake and eat it too.
I can't help but think that the first officer on the scene, looking at the vehicle condition complete with child on board, was thinking something like "damn, I'm gonna have to actually do some serious paperwork on this one. Can't just get away with slapping her with an IRP and heading to Timmy's for a break".
Do not argue with an idiot. He will drag you down to his level and beat you with experience.

The problem with the gene pool is that there is no lifeguard.
User avatar
goatboy
Guru
Posts: 6028
Joined: Feb 26th, 2008, 8:56 pm

Re: 17 drunk driving cases tossed because of police.

Post by goatboy »

diggerdick wrote:Why have the true breathalyzer at all , if these toys are all you really need to prosecute any impaired driver civil or criminal.because we all know how they are so approved by the highest authorities in the land :dyinglaughing:

Why have courts at all,when the all-knowing cop who is an authority on everything can simply do the prosecutions themselves.

We're going down a sad road where small minded authorities are overstepping their boundaries of power because they think they know what's best for the citizens. but this is all been approved :dyinglaughing: been approved :dyinglaughing: been approved :eyeballspin:


Me thinks your issue is with police, not the IRP.
simnut
Übergod
Posts: 1538
Joined: Feb 4th, 2012, 12:36 pm

Re: 17 drunk driving cases tossed because of police.

Post by simnut »

goatboy wrote:
Me thinks your issue is with police, not the IRP.


Dang goatboy.....again...we agree! This has GOT to stop! hehehe
Don't you just love "discussing" with a stubborn Dutchman?
User avatar
diggerdick
Board Meister
Posts: 438
Joined: Nov 1st, 2005, 7:24 pm

Re: 17 drunk driving cases tossed because of police.

Post by diggerdick »

My issue is this trend Of removing Lawyers and judges from the system. And giving More power To the police Who Are overstepping their boundaries Due to a corrupt incompetent government .

The old laws worked,and had checks and balances .
THINK for yourself - Dont be lead-
KL3-Something
Lord of the Board
Posts: 3335
Joined: Feb 20th, 2011, 7:37 pm

Re: 17 drunk driving cases tossed because of police.

Post by KL3-Something »

diggerdick wrote:My issue is this trend Of removing Lawyers and judges from the system. And giving More power To the police Who Are overstepping their boundaries Due to a corrupt incompetent government .

The old laws worked,and had checks and balances .


The new laws, in conjunction with the old ones, are working better than the old ones ever did before by themselves. There are still checks and balances. Just ones that you are not familiar with or approve of.
All that is required for evil to prevail is for good men to do nothing.

Just to be clear: The opinions expressed above are mine and do not represent those of any other person, class of persons or organization.
Trunk-Monkey
Übergod
Posts: 1479
Joined: Mar 28th, 2011, 9:32 am

Re: 17 drunk driving cases tossed because of lazy police.

Post by Trunk-Monkey »

twobits wrote:And were there not adequete laws already in place to deal with this drunk woman crashing her car, driving on a rim, with a child in a car seat? I fail to see why the laws had to "adapt" in this example you provide. And because this one will definately be going to a criminal court, you can also bet that she was taken to the detachment to blow into a "real" machine. Why is that? Could it be that the roadside screener does not provide admissable evidence. Talk about you boys wanting to have your cake and eat it too.
I can't help but think that the first officer on the scene, looking at the vehicle condition complete with child on board, was thinking something like "damn, I'm gonna have to actually do some serious paperwork on this one. Can't just get away with slapping her with an IRP and heading to Timmy's for a break".

Actually the new laws allow for these occurrences to go to court in a much more timely fashion. What you fail to realise is there are certain occurrences that do not warrant going criminal code and by issuing an IRP in said occurrences it only clears the clogged court system for cases such as this.
As far as you blantant comments towards the police.... Did you attend this occurrence? Did you speak to the officer(s) that did? If not then I would suggest to you that you keep comments such as the ones you made to yourself as you are speaking to things you really know nothing about.
Trunk-Monkey
Übergod
Posts: 1479
Joined: Mar 28th, 2011, 9:32 am

Re: 17 drunk driving cases tossed because of lazy police.

Post by Trunk-Monkey »

simnut wrote: Actually, section 215 doesn't require a breath sample to be asked for by the officer to issue, right? The 24 hour prohibition can be issued on observation alone by the officer. The ASD CAN be utilized by the driver who can request a breath test to prove that he below .05 BAC , so in essence.....section 215 requires the ASD for prove of innocence as opposed to proof of guilt. :D

I think its more like the ASD is used to as another tool for both the person as well as the officer making the observation. I say this because if the person requests an ASD and the results of the ASD are not in the favour of the person then they are issued paper...
Ask yourself why they can be used in these occurrences and are considered "accurate" and "reliable". IMO its because they are...
simnut
Übergod
Posts: 1538
Joined: Feb 4th, 2012, 12:36 pm

Re: 17 drunk driving cases tossed because of lazy police.

Post by simnut »

Trunk-Monkey wrote:Ask yourself why they can be used in these occurrences and are considered "accurate" and "reliable". IMO its because they are...


Good question...and it made me think.... :sillygrin:

I think in the case of the 24 hour prohibition, it is just that...it is only a 24 hour prohibition for "full fledged" drivers. I would consider them accurate and reliable "enough" for an officer to hand out a 24 hour to a driver, or not. If the ASD indicates a fail, then ....well...you know my thoughts on that.....back to the office you go for further testing on an approved instrument for impaired driving charges.

You know, the whole difference in the way "both sides" look at this are valid....from "their" point of view. From the officers point of view...the new IRPS allow more time and effective "production" when it comes to drinking and driving...and that is a good thing...who can argue about that! From us citizens, we lose our only avenue of "disputing" in a proper "arena" if we feel that something is in error......a right we have as a citizen in BC and Canada. NONE of the "non" police posters here are SHOULD BE (and most of us are not) arguing on how to get off a valid impaired driving charge, we would just like a competent dispute process. Such is life....... :D
Don't you just love "discussing" with a stubborn Dutchman?
User avatar
diggerdick
Board Meister
Posts: 438
Joined: Nov 1st, 2005, 7:24 pm

Re: 17 drunk driving cases tossed because of police.

Post by diggerdick »

All I hear is the continual chant about how accurate The handheld roadside device are.

I guess you can't expect anything different From people who claim to be cops. Less paperwork, little or no burden of proof.

And a constant efficient cash flow To the government, To the towing And storage yards And to all the people who supply The gimmick Devices people have to put in their car.

It seems to me that cops are basically just mouthpieces that are paid by their government masters to obey. and public safety has very little to do with it.
THINK for yourself - Dont be lead-
simnut
Übergod
Posts: 1538
Joined: Feb 4th, 2012, 12:36 pm

Re: 17 drunk driving cases tossed because of police.

Post by simnut »

diggerdick wrote:All I hear is the continual chant about how accurate The handheld roadside device are.


And they probably are, when set parameters are in place.....such as temperature....calibration etc. We as citizens need a proper recourse (court system) if we have any reason to question that.......

I guess you can't expect anything different From people who claim to be cops. Less paperwork, little or no burden of proof.


You've heard this before, if the IRPS were removed, the officers will just go back to the "old" way of doing things. It makes no difference to the officers if it's a cash flow...they are just doing a job. If the IRPS make their job easier, wouldn't it make sense that they promote it? If your boss gave you a procedure that would cut down your time to do a particular job by 90%, wouldn't YOU take it?????? I'm quite sure smart people would..........

And a constant efficient cash flow To the government, To the towing And storage yards And to all the people who supply The gimmick Devices people have to put in their car.


Not sure if the government looked at it initially as a cash cow.....that may just be a by product of the process. Tow truck drivers had nothing to do with the decision to bring in the IRPS, they are just reaping the benefit of them. I agree with you on the installation of the interlock devices. Why does it cost $150 here in BC, when it is half that south of the border.


It seems to me that cops are basically just mouthpieces that are paid by their government masters to obey. and public safety has very little to do with it.


No, the officers are doing as they are directed by the government, and public safety has EVERYTHING to do with it. Remember, you drive on the same roads as these impaired drivers!!!!! You should be *bleep* at the government, not the guys/gals doing their job. You should do a ride along with an officer in your community.....try to see it from their side once.....you might learn something.
Don't you just love "discussing" with a stubborn Dutchman?
KL3-Something
Lord of the Board
Posts: 3335
Joined: Feb 20th, 2011, 7:37 pm

Re: 17 drunk driving cases tossed because of police.

Post by KL3-Something »

diggerdick wrote:All I hear is the continual chant about how accurate The handheld roadside device are.

I guess you can't expect anything different From people who claim to be cops. Less paperwork, little or no burden of proof.

And a constant efficient cash flow To the government, To the towing And storage yards And to all the people who supply The gimmick Devices people have to put in their car.

It seems to me that cops are basically just mouthpieces that are paid by their government masters to obey. and public safety has very little to do with it.


Then show us where it has been proven that they aren't accurate.

Not conjecture about how this cop or that cop didn't actually sign some piece of paper. But actual proof that they are inaccurate.

In my many years of administering thousands of ASD tests (pre-IRP) I never had an ASD register a "fail" reading that wasn't backed up by the Approved Instrument (the BAC Datamster C). Never. I have every confidence in the accuracy of the Alco-Sensor IV DWF Screener, based on my personal experience. Where does your experience with the instrument come from that brings you to your opinion of it?
All that is required for evil to prevail is for good men to do nothing.

Just to be clear: The opinions expressed above are mine and do not represent those of any other person, class of persons or organization.
User avatar
goatboy
Guru
Posts: 6028
Joined: Feb 26th, 2008, 8:56 pm

Re: 17 drunk driving cases tossed because of police.

Post by goatboy »

diggerdick wrote:All I hear is the continual chant about how accurate The handheld roadside device are.

I guess you can't expect anything different From people who claim to be cops. Less paperwork, little or no burden of proof.

And a constant efficient cash flow To the government, To the towing And storage yards And to all the people who supply The gimmick Devices people have to put in their car.

It seems to me that cops are basically just mouthpieces that are paid by their government masters to obey. and public safety has very little to do with it.


I do believe Digger Dick is a reincarnation of another cop basher who never actually has anything constructive to say, just his usual drivel.
User avatar
zzontar
Guru
Posts: 8868
Joined: Oct 12th, 2006, 9:38 pm

Re: 17 drunk driving cases tossed because of police.

Post by zzontar »

KL3-Something wrote:
Then show us where it has been proven that they aren't accurate.



How about with residual mouth alcohol and no waiting period? What about when blowing consecutive times with no wait in between?
They say you can't believe everything they say.
Trunk-Monkey
Übergod
Posts: 1479
Joined: Mar 28th, 2011, 9:32 am

Re: 17 drunk driving cases tossed because of police.

Post by Trunk-Monkey »

zzontar wrote:
How about with residual mouth alcohol and no waiting period? What about when blowing consecutive times with no wait in between?

That is covered off when speaking to the driver. "What time did you last consume..."
Again PROCEDURE...and all of this information is sent to the OSMV
KL3-Something
Lord of the Board
Posts: 3335
Joined: Feb 20th, 2011, 7:37 pm

Re: 17 drunk driving cases tossed because of police.

Post by KL3-Something »

zzontar wrote:
How about with residual mouth alcohol and no waiting period? What about when blowing consecutive times with no wait in between?

Trunk-Monkey wrote:That is covered off when speaking to the driver. "What time did you last consume..."
Again PROCEDURE...and all of this information is sent to the OSMV


And again, that is the time be honest with your answers to the nice police officer's questions.
All that is required for evil to prevail is for good men to do nothing.

Just to be clear: The opinions expressed above are mine and do not represent those of any other person, class of persons or organization.
Post Reply

Return to “B.C.”