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Article #1672

Re: Arrest Slow Drivers--One County's Answer to Aggressive Driving

#1672
From: Scott Weiser
Date: Wed, 01 Jul 1998 00:00
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On 30 Jun 1998 19:06:29 GMT, cmd@eskimo.com (Craig Dowell) wrote:

>Scott Weiser <weiser@dimensional.com> wrote:
>
>[ ... ]
>
>>It does require training to be able to properly recognize and evaluate
>>HGN, but with training and experience it's a potent tool in the
>>anti-DUI arsenal.  It's by no means the only tool, nor is it 100%
>>definitive, but what is?  It's simply another method of evaluating
>>intoxication.  People may have slurred speech and stagger because they
>>are having an insulin reaction or a stroke, they may drive poorly
>>because they are poor drivers, and it's the job of the police officer
>>to use every tool at his command to carefully evaluate and distinguish
>>intoxicated persons from those who simply drive badly.
>
>Now _that's_ an interesting statement.  We have to tell the intoxicated
>apart from the incompetent; we jail the intoxicated and allow the 
>incompetent to drive on down the road, even though the intoxicated
>individual might actually be a better driver than the incompetent one.

Where did you get this from?   Nobody said incompetent drivers should
be allowed to continue to drive, but driving while intoxicated is a
different offense of much greater magnitude and graver consequences.


>I've also read that a person talking on a cell phone while driving will
>have his or her driving degrade to a point that their performance is
>equivalent to having a BAC of .08.  We'll jail a person with .08 BAC
>but let Joe lawyer drive on down the road talking on his phone and 
>reading a brief.
>
>This all strikes me as quite bizarre.

Well, I question your statistics, but the point is that while Joe may
drive improperly while talking on the phone, he will return to normal
driving as soon as he quits.  If he drives improperly while talking on
the phone, then he can get a ticket for careless driving.

A drunk, on the other hand, will remain drunk and is much more likely
to be involved in an accident.   Furthermore, driving while
intoxicated is a crime of deliberate intent, and it should be punished
very severely....more severely than we currently do....like 5 years in
jail and a permanent revocation of the driver's license on a *first
offense*, with 15 years in prison for a 2nd offense or driving *at
all*  once the license is revoked.   If there is a death, then the
death penalty applies as it's premeditated murder.

Regards,

Scott Weiser

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Copyright 1998 by Scott Weiser

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From: weiser@dimensional.com (Scott Weiser)
Subject: Re: Arrest Slow Drivers--One County's Answer to Aggressive Driving
Date: 1998/07/01
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Newsgroups: dc.driving,rec.autos.driving,misc.legal,alt.law-enforcement,seattle.general,ca.driving