The Conservative Cave

Current Events => General Discussion => Topic started by: Gina on June 09, 2014, 02:10:16 PM

Title: Breath Vapor = DUI
Post by: Gina on June 09, 2014, 02:10:16 PM
http://www.dailymail.co.uk/sciencetech/article-2652909/Could-LASERS-end-drink-driving-Roadside-device-detects-alcohol-drivers-breath-sends-data-police.html

Another idea I had stolen!!!  Damnit!  :rant:
Title: Re: Breath Vapor = DUI
Post by: DefiantSix on June 09, 2014, 06:36:10 PM
Only one problem that I can see:  With all the ethanol being run through our vehicle engines (at least for those of us who aren't running diesels), do you have any concept of the amount of alcohol vapors that'll be wafting around your average intersection?  This thing'll turn our false positives by the metric shit-ton.
Title: Re: Breath Vapor = DUI
Post by: Ptarmigan on June 09, 2014, 10:11:16 PM
Only one problem that I can see:  With all the ethanol being run through our vehicle engines (at least for those of us who aren't running diesels), do you have any concept of the amount of alcohol vapors that'll be wafting around your average intersection?  This thing'll turn our false positives by the metric shit-ton.

Good point.
Title: Re: Breath Vapor = DUI
Post by: DumbAss Tanker on June 11, 2014, 10:52:17 AM
Only one problem that I can see:  With all the ethanol being run through our vehicle engines (at least for those of us who aren't running diesels), do you have any concept of the amount of alcohol vapors that'll be wafting around your average intersection?  This thing'll turn our false positives by the metric shit-ton.

I don't know about that, I haven't gone to the link but I'd think this is designed to detect an alcohol metabolite in the breath other than the H20 and CO2 that is produced by combustion of ethanol in an oxidizing operation.

The biggest problem with the whole thing is that it requires an immense amount of pervasive surveillance, reporting, and response technology that would be hugely expensive...not that it couldn't happen, eventually.
Title: Re: Breath Vapor = DUI
Post by: thundley4 on June 11, 2014, 11:55:06 AM
I don't know about that, I haven't gone to the link but I'd think this is designed to detect an alcohol metabolite in the breath other than the H20 and CO2 that is produced by combustion of ethanol in an oxidizing operation.

The biggest problem with the whole thing is that it requires an immense amount of pervasive surveillance, reporting, and response technology that would be hugely expensive...not that it couldn't happen, eventually.

But it would also pick up on drunk passengers with a designated driver and on alcohol spilled in a car or on a person.
Title: Re: Breath Vapor = DUI
Post by: Carl on June 11, 2014, 04:24:41 PM
I have some issue with this.
No one will or should defend or excuse DUI but I want there to be solid evidence of a crime or at the least a general sweep such as a checkpoint stopping all vehicles.

Title: Re: Breath Vapor = DUI
Post by: DumbAss Tanker on June 11, 2014, 06:45:25 PM
Yeah, there are tons of problems with it, both on the practical and the legal ends.
Title: Re: Breath Vapor = DUI
Post by: freedumb2003b on June 11, 2014, 07:03:23 PM
I have some issue with this.
No one will or should defend or excuse DUI but I want there to be solid evidence of a crime or at the least a general sweep such as a checkpoint stopping all vehicles.

You foolish person...

You would think we have rights against searches and self-incrimination.  Clearly no such rights exist.

(I don't need the /sarc tag, do I?)
Title: Re: Breath Vapor = DUI
Post by: obumazombie on June 12, 2014, 01:18:38 AM
Our liberties are vaporizing.
Title: Re: Breath Vapor = DUI
Post by: vesta111 on June 12, 2014, 04:22:04 PM
Good grief, so much can happen when one is not looking.

In California the kids and I were living off base waiting for base housing.   Nice neighborhood until some of the neighbors homes were broken into.

Being young with 2 baby's in diapers and two older ones to care for I became nervous when hubby had night duty or 2-3 days away from home. 

Down I went to the SPCA and got the largest dog they had, some kind of a mix about a year old.    No problems with him, he fit right in with kids and the cats.

A few days later with all 4 down for a nap I grabbed a cold beer and a book and went into the back yard to read.  Up comes the new dog and he stole my beer, ran off to drink my brew.   

Wasn't long before I realized my adopted dog was a drunk.   We had friends over and that dog would steal from them their cans or plastic cups of hooch.   

I made a big mistake in taking the dog with me to the base exchange to stock up on booze for a weekend party.    I stopped to pick up a couple cases of beer put it on the back seat and headed to the Gee-Dunk for some munchies.   I got back to the car, headed home and all hell broke out in the back.

Driving along home I heard some sounds from the back so I pulled over just as that stupid dog bit into a couple of cans of beer and I, the car and him were soaked in it. 

Somehow I got us home smelling like a bar in the early morning.  The dog looked like a drunken sailor after a couple of hours on shore leave, ME, my hair and clothing were damp from the spray.     

Husband who was babysitting could not stop laughing and I knew at that time this marriage was not going to last.

So had I been pulled over by the cops, how could I explain all this to them and a Court ???   Honest Judge I was not drinking, it was my dog.
Title: Re: Breath Vapor = DUI
Post by: dutch508 on June 12, 2014, 05:40:10 PM
You foolish person...

You would think we have rights against searches and self-incrimination.  Clearly no such rights exist.

(I don't need the /sarc tag, do I?)

In order to do any traffic stop a Law Enforcement officer must have probable cause. If they do not and make a DUI arrest it will be thrown out in court- even if the driver was drunk, blew over the legal limit on a BAC test or even on a blood test. It will be thrown out due to illegal search and seizure laws.
Probable cause is clearly defined for officers and is taken very seriously. In your arrest report for a DUI you have to list and justify all factors that leads you to suspect probable cause.

For an example: You are on patrol and notice a vehicle driving ahead of you. It is going below the posted speed limit by at least 5 mph. (1 point)
You notice the vehicle weaving in the lane and crossing over the center line once(1 point) and the fog line twice during a distance of 600 yards (2 points) You initiate a stop.
As you approach the vehicle the driver rolls the window down. You identify your self and state the reason you stopped them (driving slow and weaving crossing the center and right lanes) You have to ask if there was a reason for this. (there are several of course- most of them are harmless such as you having to beat the kids for acting up)
If you can smell alcohol from the window (1 point)
Driver's speech is slurred (1 point)
Driver fumbles for license or registration (1 point)
Driver misstates address or date of birth or phone number. ( 1 point)
At this point you ask the driver to step out of the vehicle.
On exiting the vehicle driver is unsteady or weaving.
Eyes are blurred.
You can smell alcohol on the person (not just in the vehicle)

At that point you do a field sobriety test. This is a very exact procedure the officer must do exactly correct. This is why most patrol cars have video cameras and officers carry body mics.

Even after all that and the driver fails the FST you still have to conduct the preliminary breath test. The driver may refuse to do so. In Nebraska refusal to take a PBT has the same punishment as a DUI. An officer can not force you to take one.

Once arrested the jail conducts a BAC, blood alcohol content test. Again, the driver may refuse. Same penalty applies.

All these steps are set up to protect the driver from being arrest illegally or charged with DUI illegally.

It's a pain in the ass for officers but the point is to give the utmost protection of the law to the driver.

For the record I have never lost a DUI case. I do my stops by the book, and my DUI stops exactly by regulation, step by step. My video is clear and in frame. I have been challenged by defense attorneys in court on every step and have not lost yet. Most of the time the driver pleads out as they would rather take a lesser charge (in the case of multiple DUIs) that to face me in court.

The only thing I could see this used for is to add to probable cause. I did notice that it was in the UK with different laws than we have.

There. Did I out-Vesta Vesta?

Title: Re: Breath Vapor = DUI
Post by: thundley4 on June 12, 2014, 05:48:44 PM
In order to do any traffic stop a Law Enforcement officer must have probable cause.

Sometimes their probable cause is bullshit. I know of a case where the cop pulled a person over for making an illegal left turn and was given a DUI. It was later proved that the left turn was legal, and that ticket was dropped but the DUI stuck. The cops had followed the person from a nearby bar.

Title: Re: Breath Vapor = DUI
Post by: obumazombie on June 12, 2014, 10:33:10 PM
No one can out vesta vesta. Not even close.

You would have more of a chance of out zombieing obumazombie.