Quote:
Originally Posted by Steve Dallas
Here's the thing. I don't think you need to prove that they are on alcohol or pot or anything else.
What they need to do is prove you are driving erratically or in an unsafe manner. Regardless of what drug you are on, what cellphone you are texting on, what burger you are eating...all of these things are distracted or unsafe driving.
Cops have cameras in their car. They can only pull you over if they suspect you are driving unsafely. There are so many other things we can increase the penalties for that have nothing to do with whether or not or what drugs they might be on. Driving impaired/tired/erratically is illegal already. So why aren't we enforcing THAT?
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What laws support "erratic driving"? I'm aware of reckless driving, which is enforced when pulled over. You can get pulled over for erratic driving, but there are not a lot of penalties for it. Coming slightly out of your lane is considered erratic, but the most you'll get is a fail to use turn signal or something of the like. That is not the same (at least in my mind) as reckless or DUI. And out of curiousity, I tried to do some searches for the penalties associated with erratic driving.
There is distracted, which in Cali pretty much only consists of cellphone related activites.
There is reckless, which can be swerving, racing, excessive speed, or driving "carelessly and heedlessly in willful or wanton disregard".
Everything that comes up for erratic however, almost always is related to DUI. And what do you need for DUI? You need to prove there is alcohol in the system (even wet reckless requires this) at the time of the stop. That can be done on the spot. So I would say yes, you DO need to prove it. It's possible I might have missed something, but I see no specific thing that I can get pulled over for except for breaking a law. Illegal U-turn, red light, things like that. They can sure prove that. I certainly think making an illegal U-turn is not even in the same league as DWI.
I agree with you that there should be bigger fines for things like texting, eating, putting on make-up, and etc. And I know people ARE getting pulled over for it. But if you don't do anything to attract the cop's attention in the first place, there is no reason for him to check you out. That's how so many people get away with it. For that matter, that's how so many people get away with DUI. They somehow manage to not do anything stupid (besides get behind the wheel), and don't hit a checkpoint.
And what about job related issues? How would you address that? Still can't prove I'm high at the time of violation.