California man fights DUI charge for driving under influence of caffeine

Sounds like a little road rage to me and using a poorly defined law to take revenge. Hopefully he will win his case but alas it is gonna cost him big bucks unless he sues for court cost and damages..

California vehicle code defines a “drug” as any substance besides alcohol that could affect a person in a manner that would “impair, to an appreciable degree” his ability to drive normally.

That sounds innocent enough until the law is abused.. There are several charges he could have received instead of a DUI which can cost someone over $16,000 in Texas after all is said and done.. Have had a few friends who went through that crap..

So if you piss off this particular LEO and they can not find drugs or you test negative for alcohol coffee is the ticket... Wonder if smoking's or chewing nicotine could also be used..?

The 36-year-old union glazier was given a breathalyzer test which showed a 0.00% blood alcohol level, his attorney said. He was booked into county jail and had his blood drawn, but the resulting toxicology report came back negative for benzodiazepines, coc aine, opiates, THC, carisoprodol (a muscle relaxant), methamphetamine/MDMA, oxycodone, and zolpidem.

The sample was screened a second time by a laboratory in Pennsylvania, according to documents provided to the Guardian, where the sole positive result was for caffeine – a substance likely coursing through the veins of many drivers on the road at any given time.

www.theguardian.com...

Lol I'm a full time driver and Redbull can kick a high if chugged fast enough. But never crossed my mind that I can get a dui lol

a reply to: 727Sky

Next thing you know cops will be parked outside AA meetings.

the cops have this thing about caffeine ....

but nobody knows why ....

www.history.com...

That's the peak of draconian law. Best of luck to him fighting that but we should all take heed in that it could be a coming reality to other places especially if this case is overlooked.

I recall one state(NJ distracted driving-one source- trying to ban ANY drinking while driving, that of course, would include coffee that many rely on during their long morning commutes, etc.

a reply to: 727Sky

Wouldn't the cops be guilty too, along with just about everybody else on the road? That would be my defense and call it day.

Is this real life?

originally posted by: Tarzan the apeman.
a reply to: 727Sky

Next thing you know cops will be parked outside AA meetings.

Houston, Texas back in the day the cops used to form up and wait til the bars closed to pull over anyone they thought had enough money to pay the fines.. Was one hell of a money making system.. They have started that in some cities of S.E. Asia and many bars are closing now...

Never affected me (no DUI but have been pulled over in Asia and asked if I had drank anything...nope and on my way) for I hardly ever drink more than one beer and if I do I walk or someone else drives who has not been drinking.. Coffee I am guilty ...

I just thought this story was weird

originally posted by: Tarzan the apeman.
a reply to: 727Sky

Next thing you know cops will be parked outside AA meetings.

Half the cops I know are parked there because they are attending.

Just saying...

They are always there . Either inside undercover or waiting in the parking lot
reply to: Tarzan the apeman.

The local cops are really desperate to trump up charges like that. I've been waiting to see what would be next to bring in more cash into the system, looks like they'll charge you for anything now. I don't expect to see any off duty cops get any charges like that though, on second thought, maybe if they are desperate enough they will eat their own too.

originally posted by: GreyScale

originally posted by: Tarzan the apeman.
a reply to: 727Sky

Next thing you know cops will be parked outside AA meetings.

Half the cops I know are parked there because they are attending.

Just saying...

Throw in a couple lawyers. One more edit and I'm done.

a reply to: 727Sky

That is very bizarre. I am unaware of any law barring one from driving under the influence of caffeine.I just looked at that test list. I MUST take a benzodiazepine in order to drive. It is only recommended one doesn't drive while being prescribed it for a few days, until they know how their reaction time is. I am also prescribed a mild muscle relaxant, not the one listed in the article, a milder one. But it is legal for me to drive while taking both.

It would be nice if the article was more in depth as to how much caffeine and how someone came to the conclusion it was driving while impaired.

So a state that will offer sanctuary to people crossing the border illegally wants and has the money to prosecute a working man for drinking coffee on his drive to or from work???

the California department of alcoholic beverage control??? they must be cops of some sort to pull this guy over.

He was arrested, I honestly hope he sues the crap out of the city, the state and the California department of alcoholic beverage control as well as the "officer"...

my opinion, I bet the "officer" is a horrible driver who thinks he/she has the right of way and was driving like an ass and this dude did normal driving stuff and pissed them off...

a reply to: tinner07

I hope he sues too. But has nothing to do with immigrants.

Caffeine?

That, honestly, would never have occurred to me. I'm DUI'ing every time I drive then...

Why does it always seem to be California, or Texas? I know it's not, but sure seems that way sometimes, doesn't it?

I don't see how he doesn't win a counter-suit. Gotta be some lawyer out there that'll settle for ten percent. I can't see the state not settling out of court, either... This is just embarrassing for them...

originally posted by: Tarzan the apeman.
a reply to: 727Sky

Next thing you know cops will be parked outside AA meetings.

Got news for you, they already park outside of NA meetings. The church down the road from me has NA meetings 2 times a week, and they are not supposed to be under surveillance. But I find I see them on the way home from work right across the street on meeting nights. No speed trap there, and no coffee shop or food shop that would indicate why they are always there.....

As for DUI for caffeine?? wtf. This guy better get off of that charge. Would they rather he pass out at the wheel because he is tired, or you want him to drink a cup of coffee?? I try to stick up for the police, but sh*t like this sometimes makes it hard (along with other more serious reasons obviously)

I hope he sues too. But has nothing to do with immigrants.

a reply to: reldra

Well it kind of does... Its saying that that this group of people that break a clearly lettered law (I have never actually seen a law that says you can't cross our borders illegally, but i am guessing it is pretty well defined) are ok doing it and we will give you sanctuary and rewards,

while scrutinizing and micro interpreting a law to prosecute a working man, or maybe it is because he is union...

So yes it has everything to do with illegal immigrants. What laws do pick and choose to follow and/or enforce? Who gets to choose?

If an illegal immigrant is pulled over driving without a drivers license is that ok? If an American citizen gets pulled over without a license is that ok?

who gets to pick and choose which laws you follow/enforce?

Listen carefully. You can serious ticket for driving under the influence of nothing. Nothing at all. Its the same as a DUI pretty much. Here is how it works. When a cop asks you how you are, Never tell them you are tired. If you have the jitters and it is affecting your driving, you are going to be arrested and your vehicle impounded. You can be arrested for having below the legal limit of alcohol. Cold meds the same thing. Never tell a cop you are tired, or wired on triple mochas. This guy is going to get his a-s handed to him in court.

originally posted by: tinner07

I hope he sues too. But has nothing to do with immigrants.

a reply to: reldra

Well it kind of does... Its saying that that this group of people that break a clearly lettered law (I have never actually seen a law that says you can't cross our borders illegally, but i am guessing it is pretty well defined) are ok doing it and we will give you sanctuary and rewards,

while scrutinizing and micro interpreting a law to prosecute a working man, or maybe it is because he is union...

So yes it has everything to do with illegal immigrants. What laws do pick and choose to follow and/or enforce? Who gets to choose?

If an illegal immigrant is pulled over driving without a drivers license is that ok? If an American citizen gets pulled over without a license is that ok?

who gets to pick and choose which laws you follow/enforce?

Here is the law that you cannot enter the US illegally

However I don't know where the law is about people already inside the US.

originally posted by: Tarzan the apeman.

originally posted by: GreyScale

originally posted by: Tarzan the apeman.
a reply to: 727Sky

Next thing you know cops will be parked outside AA meetings.

Half the cops I know are parked there because they are attending.

Just saying...

Throw in a couple lawyers. One more edit and I'm done.

So a cop and two lawyers walk into an AA meeting....

This is a joke begging for a finish