Dui on caffeine

Discussion in 'Trucking Industry Regulations' started by Cat sdp, Dec 26, 2016.

  1. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    I've known people with such a lack of coordination and balance issues they wouldn't pass a field sobriety test. I've also known people who slur their speech even while sober. That really doesn't mean much, and the full toxicology report that the blood sample was sent clear across the country to have done would have shown anything out of the ordinary in the blood. The moment that test came back positive only for caffeine, the DUI should have been taken off the table, NOT brought forward as an official charge.
     
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  3. Big Don

    Big Don "Old Fart"

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    OK, perhaps I was a bit hasty with my response. No excuses here either. We all know how the media sucks, but there is something about this that just doesn't look right to me.

    And as far as the case being dismissed, it can be refiled at a later date, providing statute of limitations hasn't kicked in.
     
  4. 25(2)+2

    25(2)+2 Trucker Forum STAFF Staff Member

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    Probably over with, since they had no laboratory proof and dismissed once, didn't read if it was dismissed with or without prejudice, that makes a difference, too.
     
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  5. UsualSuspect

    UsualSuspect Road Train Member

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    In California, as in many other states, there are 2 sections for DUI. The first section states above .08, but there is a second section, driving under the influence of alcohol or drugs. In the second section you do not have to be above the legal alcohol limit, and the "Drug" is not specified, so it can be any drug that causes impairment.
     
  6. sdaniel

    sdaniel Road Train Member

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    Land Of Fruits and Nuts
     
  7. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    ...but when the BAC comes back 0.00, and the initial blood test comes back negative for intoxicating drugs, and a full toxicology workup shows the only substance to be caffeine, there is no case for DUI, and no jury would ever convict even if it did make it to trial because you'll never find 12 people who would convict a guy for DUI for driving under the influence of the same substance they consumed on their way to court.
     
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