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Minnesota Supreme Court Rejects DUI Challenges Based On Buggy Software

bzzfzz writes "In a case with parallels to the Diebold Voting Machine fiasco, Minnesota's Supreme Court upheld the reliability of the Intoxilyzer 5000EN breath testing machine on a narrow 4-3 vote. Source code analysis during the six-year legal battle revealed a number of bugs that could potentially affect test results. Several thousand DUI cases that were waiting on the results of this appeal will now proceed. The ruling is one in a series of DUI-related court victories for police and prosecutors. Other recent cases upheld a conviction of a person with no evidence that the vehicle had been driven and convictions based solely on urine samples that may only show impairment hours before driving. The Intoxilyzer 5000EN is now considered obsolete, and replacement devices are being rolled out, with the last jurisdictions in the state scheduled to retire their 5000ENs by the end of the year."

391 comments

  1. Minnesota, eh. by girlintraining · · Score: 5, Interesting

    We're the only state that can lock you up for life without a trial; all it takes is a judge to agree that there's a risk you could offend again. In other words, you serve your sentence, and then an unappealable, arbitrary decision, by one guy, can have you spend the rest of your life in jail. Our laws in this state are so bad that the European Union refuses to extradite people here in several cases. I am not surprised that they just basically crapped in the pool of civil rights and then shrugged and went on with their business.

    We've convicted people of DUI for walking down the street. Seriously. It was upheld on the basis that he could have gotten in a motor vehicle, because he had his car keys on him. Bonus: The car didn't even run.

    --
    #fuckbeta #iamslashdot #dicemustdie
    1. Re:Minnesota, eh. by Anonymous Coward · · Score: 4, Informative

      Well, shit.

      - scratches Minnesota off the list of possible places to live.

    2. Re:Minnesota, eh. by Anonymous Coward · · Score: 5, Funny

      And to top it all off, our food is bland, and a kid can't even take a porn star to the prom without an uproar. This state is whack.

    3. Re:Minnesota, eh. by Anonymous Coward · · Score: 1

      Did they even need to prove that he had been drinking? Based on that logic, they should be able to lock anyone up if they have car keys and cash because they could buy alcohol and drive a car. It's like a car analogy of the "you've got all the equipment" joke.

    4. Re:Minnesota, eh. by Baloroth · · Score: 1

      We've convicted people of DUI for walking down the street. Seriously. It was upheld on the basis that he could have gotten in a motor vehicle, because he had his car keys on him. Bonus: The car didn't even run.

      Do you have a source for that story? Because I've not heard about that happening. The only story I can find on Google is about a woman who was seen with an "unsteady gait" walking towards her car, and got pulled over because of it (the officer using the unsteadiness as probable cause, which is a stretch but still).

      --
      "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
    5. Re:Minnesota, eh. by Teresita · · Score: 1

      We've convicted people of DUI for walking down the street. Seriously. It was upheld on the basis that he could have gotten in a motor vehicle, because he had his car keys on him. Bonus: The car didn't even run.

      Shades of "The Minority Report." Too bad his lawyer didn't bring up the point that alcohol levels go down as time keeps on slippin' slippin' slippin' into the future.

    6. Re:Minnesota, eh. by Ichijo · · Score: 1

      In other words, you serve your sentence, and then an unappealable, arbitrary decision, by one guy, can have you spend the rest of your life in jail.

      It sounds like you believe the sole purpose of prison is revenge against the offender. I don't want to live in a society where that's the purpose of justice.

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    7. Re:Minnesota, eh. by girlintraining · · Score: 5, Informative

      Do you have a source for that story? Because I've not heard about that happening.

      It was a local only story; It ran on the Star Tribune and WCCO also picked it up sometime last summer. Unfortunately, neither site maintains a (free) searchable archive, so I can't give you anything more than that. Sorry. What I can do is point you in the direction of an expert on the matter locally: Chuck Ramsay, who won last year's Attorney of the Year award for this state and specializes in DUI convictions.

      Some highlights from the website include: Cases pending where a vehicle can be seized by the government for suspicion of DUI when a conviction is not obtained. Minnesota also has a habit of destroying evidence used in DUI convictions after 1 year regardless of if a case is still on appeal or not (by law, you can request a retest of any positive result by a different lab; But if the sample isn't available for retesting, this obviously poses a legal problem). There are also widespread fraud regarding log entries for maintenance of the machines; Officers literally xerox old logs, change the dates, and put them back into the official record. This has also been upheld by the Court; Go through the archives on the blog, you'll find all the citations you need there.

      --
      #fuckbeta #iamslashdot #dicemustdie
    8. Re:Minnesota, eh. by girlintraining · · Score: 4, Insightful

      It sounds like you believe the sole purpose of prison is revenge against the offender. I don't want to live in a society where that's the purpose of justice.

      There's no belief here. Our country has the highest per capita incarceration rate of any country. Any. And the rate accelerated dramatically since 1980, and continues to climb steeply year by year. Obviously this is not a sustainable trend; But it's quite clear that America has a very different perspective on what "Justice" is than the rest of the world... I'll leave you to your own opinions on what that perspective is. We also have the highest rate of capital punishment of any country, though if you removed Texas from the statistics, we would lose that distinction... so it is debatable. And we continue to expand extrajudiciary action: Guantanamo bay, seizing foreign nationals on foreign soil and indefinately detaining them... and we are also exporting our own citizens to other countries for indefinite detainment under semi-secret reciprocity agreements.

      There is little doubt in the international community that the United States has become a police state, and continues to expand its use of military and covert force to extend its judiciary practices worldwide.

      --
      #fuckbeta #iamslashdot #dicemustdie
    9. Re:Minnesota, eh. by Anonymous Coward · · Score: 0

      That sounds like the UK's "Drunk In Charge" law (cf. http://www.drinkdrivinglaw.co.uk/offences/in_charge_of_a_vehicle_with_excess_alcohol.htm) excerpted below.

      There is no legal definition for the term "in charge" so each case will depend on its exact circumstances and facts. Generally, a Defendant is "in charge" if he was the owner/in possession of the vehicle or had recently driven it. He is not in charge if it is being driven by another person or is "a great distance" from the vehicle. Matters are more complicated where a person is sitting in the vehicle or "otherwise involved with it". In charge can include attempting to gain entry to the vehicle and failing, having keys to the vehicle, having intention to take control of the vehicle or even "being near the vehicle".

      Anyone from the UK want to chime in?

    10. Re:Minnesota, eh. by Jah-Wren+Ryel · · Score: 2

      It sounds like you believe the sole purpose of prison is revenge against the offender. I don't want to live in a society where that's the purpose of justice.

      I hope you don't live in the US, because if you do, then you have not been paying attention for at least the last 30 years. The politicians have turned the penal system into something almost entirely punative because of the "tough on crime" meme. Rehabilitation is practically non-existant.

      --
      When information is power, privacy is freedom.
    11. Re:Minnesota, eh. by Anonymous Coward · · Score: 0

      In other words, you serve your sentence, and then an unappealable, arbitrary decision, by one guy, can have you spend the rest of your life in jail.

      Which is funny because many European legal systems have the same ability to get around a "life sentence" not really being as advertised. They usually call it "preventative detention" and you spend the rest of your life in a mental health facility.

    12. Re:Minnesota, eh. by Anonymous Coward · · Score: 3, Insightful

      We don't have a different perspective on Justice, we simply have a for-profit prison industry.

    13. Re:Minnesota, eh. by Anonymous Coward · · Score: 0

      This happened to a kid in my highschool like a million years ago (in Minnesota). Cop drives up to bust a 'river party', everyone tosses their drinks into a bush. One guy is holding his car keys, so he gets arrested for Intent to DUI.

    14. Re:Minnesota, eh. by swamprat0129 · · Score: 1

      It's pretty obvious to me that this was based on loss of revenue for a state that has the highest number of sex offenders in indefinite "treatment". It costs several times the amount to than prison. Add that cost to the new stadium. Several thousand cases will equal at least a few million dollars flowing into the economy.

      http://www.bhs.umn.edu/alcohol-policies/pdf/Driving_While_Impaired_FAQ.pdf

    15. Re:Minnesota, eh. by jamstar7 · · Score: 2

      It sounds like you believe the sole purpose of prison is revenge against the offender. I don't want to live in a society where that's the purpose of justice.

      I hope you don't live in the US, because if you do, then you have not been paying attention for at least the last 30 years. The politicians have turned the penal system into something almost entirely punative because of the "tough on crime" meme. Rehabilitation is practically non-existant.

      Rehabilitation is non-existant. Most convicts in the state of Arizona, for instance, are put to work doing various business concerns 'behind the wall' because the companies who open shops 'behind the wall' can pay minimum wage, which is taxed of course. Then the inmate gets to pay for room and board, any restitution the court imposed, etc. If a convict can keep a buck an hour, they're doing good. They won't be able to access it all, as some is put away for 'savings' for when the inmate is supposedly to be released, which can disappear if the warden imposes a fine on them for various infractions of the prison rules, such as, say, getting a tattoo. But the rest is put in the inmate's commisary account where they can then buy soap, toilet paper, toothpaste, and the like.

      Prisons are big business these days. And to keep them profitable, you need to keep them filled.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    16. Re:Minnesota, eh. by mhajicek · · Score: 1

      Messed up. Article links please? - A Minnesota resident.

    17. Re:Minnesota, eh. by Anonymous Coward · · Score: 0

      That seems so obviously wrong that I would think the supreme court should get involved.

      Even if the state has gotten away with it in the past.

      Wonder why the ACLU hasn't gotten involved? Risk of being arrested and held for life?

    18. Re:Minnesota, eh. by rmstar · · Score: 2

      What also has to be said is that conservatives are A-OK with this kind of stuff. Evil people that they are.

    19. Re:Minnesota, eh. by Anonymous Coward · · Score: 0

      I do not criticize jury verdicts without seeing the evidence presented at trial. No doubt police lie and fabricate evidence, so what, most witnesses lie at trial. That is hardly a secret. We depend upon the judgment of juries (and judges) to see through the lies and decide on a just verdict. Sometimes this works and sometimes it doesn't, but it is a much better system than listening to the bs views of those with an ax to grind.

    20. Re:Minnesota, eh. by Anonymous Coward · · Score: 0

      Minnesota, eh.

      My sentiments exactly... The Minneapolis Grain Exchange, Inc. has been providing settlement data to the public by means of unlicensed softwares written by me, and one by a deceased friend.

      I was hired as a Systems Administrator, and in my spare time at home I re-wrote their backoffice on LAMP (well, FreeBSD) stack, and I granted MGEX an implied license to run my software (as an employee of the corporation). They contracted my buddy to code the UDP reader that hooks up to the CMEGroup's hosted exchange environment.

      Anyway, they fired me 7 days after Dan Kluck died and have since been using my software unlicensed, and have yet to pay Dan's estate for the hours he billed MGEX on the UDP reader code.

      Minnesota's laws, and IP/Copyright laws in general are bullshit. They favor the corporation over the individual. MGEX has been publishing settlement data generated with my unlicensed software from Jan, 2011 to at least May, 29 2012.

      I am sad every day I've seen MGEX's settlements generated from my software :(

    21. Re:Minnesota, eh. by Golddess · · Score: 2

      One guy is holding his car keys, so he gets arrested for Intent to DUI.

      That'll teach those highschoolers to pick a designated driver!

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    22. Re:Minnesota, eh. by girlintraining · · Score: 3, Informative

      And to top it all off, our food is bland, and a kid can't even take a porn star to the prom without an uproar. This state is whack.

      Speak for yourself. My food is awesome. You're probably doing it wrong.

      --
      #fuckbeta #iamslashdot #dicemustdie
    23. Re:Minnesota, eh. by shiftless · · Score: 2

      But the rest is put in the inmate's commisary account where they can then buy soap, toilet paper, toothpaste, and the like.

      .....at ridiculously inflated prices, of course. Let's not get started on the phone card scam.

    24. Re:Minnesota, eh. by __aaltlg1547 · · Score: 1

      And if he had neither cash nor keys and was cold sober it would be grand theft auto and DUI because he could steal a car and drive it to a bar to get drunk.

    25. Re:Minnesota, eh. by spazzmo · · Score: 1

      Of course the sole purpose of prison is revenge for the societal outrage. Punishment does not work, it's merely a distraction from the lesson.

      --
      The cheese stands alone...
    26. Re:Minnesota, eh. by Anonymous Coward · · Score: 0

      In other words, you serve your sentence, and then an unappealable, arbitrary decision, by one guy, can have you spend the rest of your life in jail.

      It sounds like you believe the sole purpose of prison is revenge against the offender. I don't want to live in a society where that's the purpose of justice.

      Well, there are two basic philosophical justifications for punishment. One of them stems from the idea that wrong deeds must be punished (and is advocated by Kant). That's not much different than revenge. The other justification is utilitarianism (to create the greatest good for the greatest number of people.) Both of these ideas have problems. Utilitarianism doesn't care whether or not someone is guilty so long as the look guilty and it benefits society to punish them. The whole idea of punishing "wrong deeds" lacks the concept of rehabilitation.

    27. Re:Minnesota, eh. by Hognoxious · · Score: 1

      alcohol levels go down as time keeps on slippin' slippin' slippin' into the future.

      Interesting.

      How do they get up in the first place, then?

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    28. Re:Minnesota, eh. by Anonymous Coward · · Score: 0

      I don't see anything that implies he believes in anything.

      Learn to read, you dirty slant.

    29. Re:Minnesota, eh. by Fjandr · · Score: 1

      It would be easier to blame it on that, were it actually true. Only about 10% of the prison population (~100,000 inmates) are incarcerated in prisons where the administration is run by a private corporation.

      The vast majority of the pressure comes from the massive state and federal employee unions representing corrections officers, administrators, staff, and those in the justice and law enforcement departments which are staffed and run on the proceeds of asset forfeiture.

      It's a nice bogey man, but the real bogeyman is far larger, nastier, and harder to get rid of.

    30. Re:Minnesota, eh. by BeanThere · · Score: 1

      As opposed to what great liberal uproar against it exactly? Grow up.

    31. Re:Minnesota, eh. by L4t3r4lu5 · · Score: 1

      What do you have to hide? You must be a drunk driver.

      This mental backflip brought to you by the Minnesota Justice Dept.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    32. Re:Minnesota, eh. by dpdjvan · · Score: 1

      So if refuse to work and can't pay the rent would I get evicited?

    33. Re:Minnesota, eh. by Anonymous Coward · · Score: 0

      We've convicted people of DUI for walking down the street. Seriously. It was upheld on the basis that he could have gotten in a motor vehicle, because he had his car keys on him. Bonus: The car didn't even run.

      Do you mean this one, where they noticed the woman due to her walking gait but didn't arrest her until she got behind the wheel of a car and drove it?

      (Appropriate captcha: 'newsman')

    34. Re:Minnesota, eh. by bkcallahan · · Score: 1

      Try Oregon. It's where I moved from MN. No sales tax. No state laws against public nudity (but ones against sexual behavior in public). Own a gun? Trying to register it when you move here? Sorry, you can't. We have no governmental agency to register guns *with*. Want to carry your gun openly in most of the state? No permit required. (Only for concealed do you apply for a permit). Weed? Civil offense, a fine. Give a friend some weed, and don't take money? It's not a sale, it's a gift. Same policies apply to amounts as for possession -- a fine, $500 max. We're not perfect, but we do do things a tad differently here :)

  2. Too Bad by GeneralTurgidson · · Score: 3, Interesting

    I'm of the mindset that even a little alcohol in your system should keep you off the road. Alcohol affects people in different ways, what may be fine for you isn't fine for me. If you wan to have a drink, don't plan on driving.

    1. Re:Too Bad by Anonymous Coward · · Score: 0, Insightful

      Then it's YOU who should stay off the road. If It's fine for me, I should be able to make that decision for myself. Nanny-state douchebag.

    2. Re:Too Bad by TheCarp · · Score: 2, Insightful

      So what you are saying is...this is some sort of religious conviction of yours? Because, I am of the opinion that the limits have been set so ridiculously low in some places that the law is a joke....a bad joke.

      But hey, who cares that some studies even showed a person to be more safe after one drink. This isn't about safety, its about the perception of safety.

      --
      "I opened my eyes, and everything went dark again"
    3. Re:Too Bad by cayenne8 · · Score: 1, Insightful

      If you wan to have a drink, don't plan on driving.

      Gotta get the car home so I can get to work tomorrow.

      If they didn't want people to drink and drive home, then they'd NOT have all those nice large parking lots outside of the bars.

      Drive past one that's open....see the cars in the lot. Drive past after closing time...see how many cars have left.

      Do you even slightly think that even a minority of those people drove home below the 'limit', or had a designated driver? Please...don't kid yourself.

      It is behavior that is sanctioned, and yet prosecuted for high revenue gain...

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    4. Re:Too Bad by Sir_Sri · · Score: 3, Insightful

      Say that when a drunk crashes through your front door, or hits your parked car, or runs into your kid on the side walk, or hits an electrical box in front of your house. Should all those people have been free to decide whatever too? How about when you, with your perfect knowledge of how to drive is stopped at a red light and a drunk careens into the back of your car?

      Sort of by definition if your judgment is impaired you're not capable of making a judgment about when its safe to drive. Governments then take the view that at some point the average person becomes sufficiently impaired that they cannot be safely on the road, and then hammer this point into you when you're sober in the hopes that you'll remember when you're drunk (or that someone sober will keep you from killing yourself or someone else).

      It's the government being nanny state douchebags telling you what to do, and it's not doing enough to keep stupid people off the road when they crash into you and yours.

    5. Re:Too Bad by Anonymous Coward · · Score: 5, Insightful

      Alcohol affects people in different ways, what may be fine for you isn't fine for me.

      Yes... and the solution is not your proposal of any alcohol means no driving. The solution is being responsible for your damn self and knowing how the shit affects you. If you can't drive after even one drink, then fucking don't. If I can without any issues of safety or decreased driving ability (especially when had with a big meal that the alcohol hasn't even had time to absorb into my system fast enough, because it hasn't been sucked out of the food that it was absorbed into yet), then let me drive and get the fuck off my lawn. And if some fuck abuses that responsibility and kills someone, then said person needs to take responsibility and take the consequences or find a new life where he can forget that it ever happened.

    6. Re:Too Bad by Sir_Sri · · Score: 5, Informative

      http://www.fatiguescience.com/assets/pdf/Alcohol-Fatigue.pdf

      Such as figure 1B, which shows, on average, how mean relative performance always decreases with any alcohol (albeit trivially up to about 0.04)

      or http://addictions.uchicago.edu/carl/DandAlcDependence%20Brumback.pdf

      That shows only with low doses of alcohol (under about 0.042 BAC) can you not really notice a drop in performance, and after that everyone, heavy drinkers or not perform worse in cognitive tasks and that the heavy and non heavy drinking groups mirror each other in performance.

      I'd give more links but if you aren't on a university campus or somewhere else that they're free it's sort of futile, and I don't really want to keep mashing links until I find ones that work without academic library access (and where I am has a med school so we're subscribed to medical journals, places without a med school might not).

      But hey, why not make up some facts that 'some studies' support your argument so you can create a perception of authority without providing those studies and when the most easily findable studies (when searching for terms like cognitive impairment and blood alcohol level, and other obvious search terms produce results that disagree with you?).

      Now your first line, you hit the nail on the head, before you joined the nutter bin. It's clear that BAC less than about 0.04 has so little impairment (even though it is there) you need very large sample sizes for that effect to not get lost in noise. That applies to heavy and mild drinkers equally. So if where you live has a BAC requirement of less than 0.04 they're probably playing theatre or moral/religious grounds than evidence based policy. Anyone who's at about 0.05 or worse is making a judgment call on just how much measurable impairment is tolerable, which is all science can do. Politicians have to decide risk tolerance and cost benefit analysis, science merely quantifies the effect that creates risk, and sometimes the risk itself.

    7. Re:Too Bad by scot4875 · · Score: 3, Insightful

      Alright, I'm willing to compromise here.

      You're free to drive drunk if you want. If you get into any accident whatsoever, there is a mandatory death sentence (maybe I'd be willing to further compromise to life without parole), and all of your personal assets are transferred to the victim(s).

      If you want to take the gamble, go for it. Currently, you force that gamble on other people every time you put your idiot drunk ass behind the wheel.

      This should in no way imply that I'm on the cops' side on this one though. Screw implied consent, screw checkpoints, and screw all of the other abuses of the citizenry that happens in the name of protecting us from drunk drivers. That said, above all else, screw people like you for making it necessary because you think you're special and are able to drive while impaired.

      --Jeremy

      --
      Jesus was a liberal
    8. Re:Too Bad by Anonymous Coward · · Score: 0

      Say that when a drunk *doesn't* crash through your front door, or hit your parked car, or run into your kid on the side walk.

      Do you always act as if the less likely outcome is more likely?

      (buys lotto ticket)
      Say that when you hear on the news tomorrow that I won the lottery! There! Take that!

    9. Re:Too Bad by Apuleius · · Score: 1

      It might be fine for you. It might not be so fine for the motorcyclist you knock off and kill.

    10. Re:Too Bad by Anonymous Coward · · Score: 0

      Been in a couple of those cases you mention personally. Hell, I've been in the case that the person never got caught and the bill fell on me. I still don't think that any alcohol means no driving. Having a limit is worthwhile, and that limit will be different for different people. For the most part, the things that really matter are going to be at about the same level for everyone (BAC wise; bigger people can drink more because it literally hasn't reached the same level of intoxication for them yet, and men also can have a slight bit more, because biologically, men metabolize more alcohol earlier in the stomach than women, so women get objectively intoxicated off of less alcohol than men--subjectively, that's not always the case, but there's a reason field sobriety tests test the things they do that the alcohol affects people generally at the same level regardless of general tolerance or ability to just walk straight from having so much experience with it). The only part that matters is that some people should stop sooner than those limits if they intend to drive (or not drink at all for some, even, but that is definitely not at all everyone), because they get reckless at the lower level of intoxication already.

    11. Re:Too Bad by Tanktalus · · Score: 2

      I completely agree. Any alcohol in my system, whatsoever, and I don't drive. I take a look at when I plan to depart, and have no more than one drink per hour that I plan on being there. Further, no alcohol for the last hour. Simple rules. By the time I get to the car, I'm as stone-cold sober as when I arrived. (For some people, this is still too much, depends on body mass, etc.).

      However, translating my own rules on that to the law? No. If you're talking about a "zero-tolerance" law for drivers who are not of legal drinking age, that I can understand as a combination of two laws (license-to-drive and consumption-of-alcohol), and I could be convinced of a graduated system through about 25 (when most peoples' brains are finished growing). Beyond that, no. The law should be entirely based on the best currently-available medical science. (Which, of course, it isn't now, either.)

      I'm still a firm believer in due process. And we don't have that today, either. (Thanks a lot, MADD. Where's the ACLU on this?)

    12. Re:Too Bad by Ziggitz · · Score: 1

      But hey, who cares that some studies even showed a person to be more safe after one drink. This isn't about safety, its about the perception of safety.

      "Some Studies"

      I call bullshit.

      How many studies, what kind of peer review, how many dissenting studies? You don't get to cite "some studies" without so much as a fucking link as license to push any opinion you like. Let me guess, one time you came across a link stating that one drink make drivers safer, you didn't read the study and you made no effort to be skeptical because you liked the conclusion. At least have the honesty to say you really don't give a fuck that you drink and drive and that evidence isn't important, only the perception of evidence.

      --
      There is no memory shortage. yes I have heard of XFCE. Go away.
    13. Re:Too Bad by dkleinsc · · Score: 2, Insightful

      This isn't about safety, its about the perception of safety.

      This is about safety.

      Drunk driving kills approximately 40 times as many people as terrorism, about 8000 drunk drivers and 4000 people that just happened to be in the wrong place at the wrong time, making it one of the top causes of death by trauma (the other contenders for this dubious honor being other car accidents, poisoning, suicide, falls, and homicide). It's a serious problem, and is a reasonable area for government to try to do something about it.

      I'm not against getting drunk. I'm against drunk people killing and injuring those around them.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    14. Re:Too Bad by Sir_Sri · · Score: 1

      Trying to be dramatic requires being dramatic...

      The most likely occurrence is certainly the drunk careening into a parked or stopped car. Although I have been in a bank when a drunk crashed through the door in the middle of an afternoon.

    15. Re:Too Bad by Sir_Sri · · Score: 2

      Agreed. There's a risk tolerance question. I posted in reply to someone below (but in reply to the same OP) something a bit more sophisticated. There's no meaningful dropoff in performance up to about 0.04 BAC, after that everyone starts to perform worse more or less equally. Beyond that it's really a matter for politicians to decide how much risk and what cost benefit is appropriate.

    16. Re:Too Bad by mcgrew · · Score: 4, Insightful

      Did you even fucking READ the comment he was responding to? The GGP said he thought anyone with any amount of alcohol in his system whatever should not drive, and that's just plain retarded. In most places the limit is .08, and .08 is NOT drunk. At .08 a person is NOT going to "crash through your front door, or hits your parked car, or runs into your kid on the side walk, or hits an electrical box in front of your house."

      In the context that your comment is in, I have no idea how you got modded to 5. Must be a lot of MADD members with mod points today...

    17. Re:Too Bad by Hatta · · Score: 4, Informative

      What does that have to do with convicting people based on evidence produced by buggy software?

      Drunk driving is bad, mmkay? Convicting people based on bad data is far, far worse. Don't let your rage against drunks blind you to a rather extreme disregard for standards of evidence. Someday it could be you who is falsely accused based on an invalid breathalyzer reading.

      --
      Give me Classic Slashdot or give me death!
    18. Re:Too Bad by Anonymous Coward · · Score: 0

      Then it's YOU who should stay off the road. If It's fine for me, I should be able to make that decision for myself. Nanny-state douchebag.

      And when you kill a young mother and her three kids in a traffic "accident" because you're three sheets to the wind and driving, will you blame Nanny-state douchebags? Probably.

      Take responsibility for yourself jerkoff. If you're in your house, who cares? But if you take a potentially lethal device (your car) and endanger others because you're too selfish to realize that you might hurt *others*, then you're the douchebag.

    19. Re:Too Bad by GrumblyStuff · · Score: 1

      We'll solve this the same way we solved criminals possessing guns: Everyone drives drunk!

    20. Re:Too Bad by mark-t · · Score: 5, Insightful

      If they didn't want people to drink and drive home, then they'd NOT have all those nice large parking lots outside of the bars.

      Presumably, you are with somebody who *CAN* drive you home... and the next time you are there, it'll be your turn to drive.

      The excuse that they have parking lots in bars should be an excuse to drive home after drinking is about as lame as "she was dressed like a prostitute" is an excuse to commit rape. And before anybody brings it up, I'm not comparing the severity of the two actions (drinking and driving to rape)... only the feebleness of the excuse, and all it shows is an immature reluctance to assume responsibility and accountability for one's own choices.

    21. Re:Too Bad by HornWumpus · · Score: 4, Insightful

      Applying the same standard, nobody gets to drive after 40 or before 25 years old. Measurable impairment and poor judgement and all.

      Looking at the stats for actual drunk driving accidents it's apparent that .15 is where driving goes to shit. Even .10 was conservative. .08 is just about revenue.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    22. Re:Too Bad by mark-t · · Score: 2

      While in theory, this is good... in practice, very few people actually realize just how much their performance actually is really affected by alcohol unless they have actually been personally involved in an experiment which has its own controls and objective measurements.

    23. Re:Too Bad by Anonymous Coward · · Score: 1

      In an ideal world, you are absolutely right.

      The problem with the above is that *everyone* that gets in a car and drives it after consuming alcohol believes that they are capable of driving safely. Results prove that some of them are wrong. So, what will happen if we went with your plan is that the officer would have to ask the driver "were you capable of driving safely", maybe asking others around the driver as well. Most often, even if the driver believes they were not capable of driving safely, they will answer "yes". The people associated with the driver will probably say "yeah, he/she/it was capable of driving"...

      It doesn't seem a very practical way of proceeding.

    24. Re:Too Bad by ewibble · · Score: 1

      Everything is about level of risk, if you choose to drive at night, or the rain, you are slightly tired all increase your risk of having an accident, the question is it an acceptable level of risk to impose on someone else.

      The problem is that you are not a good judge of how risky it is to drive once you start drinking, so a good way to judge is have I drunk? Yes, Ok I will not drive. If you had a breath tester it might be able to ask am I below 0.04, if so I can drive. But that is not how it happens I have never seen that happen, you need an objective measure.

    25. Re:Too Bad by Anonymous Coward · · Score: 0

      The most likely occurrence is that there is no crash at all.

    26. Re:Too Bad by Grygus · · Score: 5, Insightful

      Zero tolerance is a very easy and popular way to reach judgment with no effort. That's how he got modded up; nobody stopped and thought about it.

    27. Re:Too Bad by Anonymous Coward · · Score: 0

      In other news, if you make it illegal to have a cell phone in your car while you drive, people who have cell phones in their cars will become safer drivers. Nothing about having the drink makes you better able to drive, but the fear of getting pulled over may cause you to concisely drive safer (not speeding when you normally would, for example). After your judgment becomes more impaired you don't even do that and/or it is not enough to compensate. If someone has decided to drive safely, having a drink will not help them drive any better.

    28. Re:Too Bad by Sir_Sri · · Score: 1

      That would be your risk tolerance calculation.

      Backed up by what? This is where you need fairly sophisticated economic analysis to judge just how expensive things become.

      The question you're asking is what is the cost of increased accidents versus the benefits? If a 0.05 BAC increases accidents by X a year with Y cost, and you have Z in benefit from extra economic activity due to more drink sales, is Z> Y, is there a moral cost to the added accidents etc.

      I didn't actually apply a standard. hard to fathom here I know, but I didn't. There's almost no measurable impairment at 0.04. After that the 'standard' I applied was that you have to do a risk calculation and decide risk tolerance. Obviously you and every government in the world disagree.

      The first chart in the first link is illustrative. A drop from 1 to 0.96 more or less corresponds to 0.05 BAC, and down to 0.93 ish is 0.08. But that doesn't tell you what happens to driving accident rates. Quite the contrary, it's a purely synthetic test.

      a sample for people wondering about actual data. http://www.ahw.org.nz/resources/pdf/AHWbriefingpaper_2003-1_BAC.pdf from New Zealand (population approximately 4 million).

      Based on overseas experience, by lowering the legal blood alcohol concentration from 80mg to 50mg we could expect between 16-72 lives saved, and 640-1280 injuries avoided each year.

      As buried within that document they are trying to get drunk driving deaths below the arbitrary threshold of 300.

      So pretending you're from new zealand. How much is 16-72 lives and 640-1280 injuries worth, compared to the economic benefit of increased drink sales and cab rides? How do you evaluate the social benefits and harms?

    29. Re:Too Bad by Anonymous Coward · · Score: 0

      Yes because you have touched on the truth that a single beer renders one "three sheets to the wind" and is a near-guarantee of murder.

    30. Re:Too Bad by Anonymous Coward · · Score: 0

      Sort of by definition if your judgment is impaired you're not capable of making a judgment about when its safe to drive.

      I call bullshit. There is a wide, wide gulf between the point where you shouldn't be driving and the point where you start thinking that it's not so far home and the roads are quiet. All you need is the discipline to overrule your "judgement" in the latter case.

    31. Re:Too Bad by Sir_Sri · · Score: 1

      Sure, though 0.04 is something like one-two drinks within an hour for an average sized person kind of thing. I would think that's why the threshold is set at 0.05 most places, because a small person with a big glass can go over the limit a bit, and not be hugely worse off.

      The Japanese take a different approach, which is basically don't be impaired. Drunk, tired, high, they don't care. They can basically pull you over for being in any way impaired. That seems a bit too unscientific for my taste.

      Essentially a thin woman (~45 kilos) will add 0.05 per drink, so they're just at the point of having measurable effects for about an hour after one drink. http://en.wikipedia.org/wiki/Blood_alcohol_content

    32. Re:Too Bad by Sir_Sri · · Score: 1

      I did. And you were decidedly unsubtle about your analysis, so I felt no reason to provide a sophisticated retort. I saved that for the idiot below you.

      LOTS of countries have taken the 'no measurable amount' as the tolerance limit by the way. As I say in reply to someone below you there's no good evidence for that, 0.04 is not meaningfully much different.

    33. Re:Too Bad by Sir_Sri · · Score: 1

      Naturally. this was in reply to various posts about where the blood alcohol limit is set.

      The question of TFA and what standards of evidence buggy software need to meet are very different and far more complicated.

    34. Re:Too Bad by Sir_Sri · · Score: 1

      Not that wide really no. About 1 drink.

      But that's why governments hammer away on you when you're sober about what the limit is. In the hopes that you'll remember enough that when you're drunk you won't drive, or that someone sober will step in and stop you.

    35. Re:Too Bad by Hatta · · Score: 2

      My apologies. Guess it was the GP who went off topic.

      --
      Give me Classic Slashdot or give me death!
    36. Re:Too Bad by Rockoon · · Score: 1

      Trying to be dramatic requires being dramatic...

      Regardless of what is required, its intellectually dishonest.

      Do you enjoy being an intellectually dishonest prick?

      --
      "His name was James Damore."
    37. Re:Too Bad by ewieling · · Score: 1

      I'm of the mindset that even a little alcohol in your system should keep you off the road. Alcohol affects people in different ways, what may be fine for you isn't fine for me. If you wan to have a drink, don't plan on driving.

      The logical extension of this is anyone who has not had enough sleep or is hungry, or any number of other things which might impair them slightly should not drive.

      --
      I really shouldn't have used someone else's email address for this account.
    38. Re:Too Bad by AmiMoJo · · Score: 1

      In the UK we have car parks outside pubs, but generally people come in groups and assign a designated driver who does not drink. Either that or get a taxi.

      Drink driving has become socially unacceptable in the UK.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    39. Re:Too Bad by cayenne8 · · Score: 1
      I think I do it responsibly.

      If I'm too plastered to drive...that is one of the times I will leave my car and call a cab.

      But, years of experience...I know when I'm still ok to drive. I take back roads home, go speed limits (the only time I drive the speed limit is when I've had a few).

      Let's face it..some people can and some can't drive with different amounts of intoxication. I've had people that scared the shit outta me driving with them after only a couple drinks...I've driven after quite a few of them, and people remarking how amazingly well I did...steady as rock, no swaying...etc.

      Thing is..I don't know or associate with anyone that doesn't drink. No one I've ever known, went to a bar..and didn't drink. I've never known a so-called 'designated driver'.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    40. Re:Too Bad by Kaenneth · · Score: 1

      Unfortunately, 'Drunk Driving' statistics are inflated.

      Drunk pedestrian falls into the street? 'Alcohol Involved'
      Rear end someone with a case of beer in their trunk? 'Alcohol Involved'
      Bringing empty beer bottles to the recyclers and someone hits you? 'Alcohol Involved'

    41. Re:Too Bad by Anonymous Coward · · Score: 0

      But do you see how there are people who perform better at 0.10% than other people at 0.04%? In fact, that guy performed better than 50% of the people with a lower BAC. I think the OP's point is that the linear regression curve doesn't actually describe the performance of any real people in the study.

    42. Re:Too Bad by Sir_Sri · · Score: 1

      Not when I'm actually being an intellectual. What fun are forums if you can't troll people who say obviously clueless things?

      He was making a clearly intellectually dishonest statement at someone who suggested the drinking limit should be 0, I saw no reason to change the tone to convey the point that his response was clueless.

      Someone else (replying to the same OP) presented a much more serious statement in a much more serious way, that warranted a researched and thought out response with linked to actual academic studies. To that end, that discussion touches on more serious issues like the perception of alcohol impairment, risk tolerance and so on, and warrants a more.

      Also, your signature exists to troll people in the Steve Jobs reality distortion bubble (whether on topic or not), and despite the year lacks the broader context of what was said. So how is that fundamentally much different from what I did? These are forums, not scientific conference discussions, and even in those you get to troll the crazy people.

    43. Re:Too Bad by Sir_Sri · · Score: 1

      warrants a more thorough analysis.

      If not proofreading.

    44. Re:Too Bad by mark-t · · Score: 1

      As you started to allude to, but I think kind of glossed over, even asking people around the driver if the person is good to drive is not a reliable indicator of whether they really are okay to drive, since if they really didn't think so, they wouldn't be getting in the car with them in the first place.

      And as you pointed out, results prove that at least some drivers are wrong about their own ability to drive safely when they've been drinking.

      Even if certain specific people are genuinely capable of making sensible choices in such circumstances, it's typically impossible for anybody else to objectively known the accuracy that person's self-assessment, since such an assessment has an inherent bias with an impact that cannot be objectively measured.

      So, I think your overall conclusion is valid... That absolutely nobody can be trusted to make an objective and rational choice about themselves.

      I know that I sure don't. And I won't get into a car that somebody else is driving if they've had anything to drink either. As I do not personally drink any alcohol, I am perfectly happy to be a designated driver when I'm in the company of people who do drink.

    45. Re:Too Bad by publiclurker · · Score: 1

      too bad the BAC of people who do cause accidents shows you to be full of it. why don't you just man up and admit that you feel that you are entitled to get drunk and put everyone elses lives at risk for no other reason than your own self-serving importance.

    46. Re:Too Bad by Sir_Sri · · Score: 1

      Except that the curve (not my choice for a fit) is chosen specifically because it hits most of them most closely, that's why you'd use linear regression at all.

      But you do need bigger data sets. And a single outlier on a large dataset (again, not my dataset), that is from a single test is impossible to ascribe any particular significance to. You'd need to know the error rate at each data point, repeat the test several times etc.

      And the problem with that plan is that if it gets published it gets paywalled.

      The second link *should* have error bars on their data points, with 55 and 77 people there are enough to actually put in the variability, even if it's crude. But well... you can only expect so much of medical doctors (who are not scientists generally).

    47. Re:Too Bad by Kielistic · · Score: 1

      I bet being over 65 slows your reaction time way more than one (Canadian) beer does to me (which is probably approximately zero change). Probably more than two or three (drank over a reasonable amount of time) but I bet you, along with a slew of other accidents waiting to happen, won't give up your license at 65. Any time the slow reaction time of seniors is brought up in respect to driving it gets shot down pretty fast but lowering the BAC is constantly on someone's agenda. Is there a real reason for that or is it just prohibition 2.0?

    48. Re:Too Bad by Kielistic · · Score: 1

      I bet if you graphed the BAC > 0 driver accidents vs BAC > 0 driver no accident as well as the BAC = 0 driver accidents vs BAC = 0 driver no accidents you would find that bad drivers cause more accidents than low BAC.

      I wonder if anybody has ever compared which is more dangerous: BAC <= 0.05 or soccer moms?

    49. Re:Too Bad by Kielistic · · Score: 1

      Do you know what drunk and impaired are? Not 0.05 and not "I had a drink at dinner". Do you know how many people have a drink with friends and family then drive home? Way more than the number of gruesome drunk-driving fatalities and way more than normal driving fatalities. That doesn't sound like people thinking they're "special" to me. It sound like people think it's completely safe and normal because it is completely safe and normal.

    50. Re:Too Bad by Anonymous Coward · · Score: 0

      A note for anyone else looking up the parent's link: the blood alcohol concentration (BAC) figures are in table 2. The low alcohol doses (which produced little impairment) resulted in BAC of up to 0.042%, while the heavy doses (which produced substantial impairment) resulted in BAC of 0.074% or more. (Both figures are at the 15-minute mark.)

      So the BAC at which impairment becomes significant is somewhere roughly between 0.042% and 0.074%. Here in Australia, the legal limit for driving is 0.05%. In the US it's ... 0.08%, I think?

    51. Re:Too Bad by lgw · · Score: 1

      Life would be easier if every question were black or white, 0 or 1. But no question ever is. There is a considerable spectrum between "never had a drink in mylife" and "too drunk to drive safely". The bar for conviction is set pretty damn low these days. I don't like that (and have never diven while drunk).

      If you're going to convict someone based solely on a breathalyzer reading, the threshhold had better be so high that no one could drive safely with that reading. That is, the read must mean guilty beyond a reasonable doubt. RIght now in many states its "eh, maybe".

      Now, convict on the basis of additional evidence, and its a whole different story, but we should not aboandon the "easonable doubt" standard simply out of convenience, or because people hate some particular crime so much!

      --
      Socialism: a lie told by totalitarians and believed by fools.
    52. Re:Too Bad by Anonymous Coward · · Score: 0

      Incorrect.

      The scientists in the xkcd lab held a study, titled 1BP, which found that at certain percentages of blood alcohol percentages (BA%), performance actually saw notable gains. The findings from this study have been thoroughly backed by the scientific community, which now endearingly refer to 1BP as the Ballmer Peak.

    53. Re:Too Bad by AK+Marc · · Score: 1

      No, you lied for effect. Drinking doesn't make you crash. Driving unsafely makes you crash, and someone who is drunk is more likely to be unsafe. There's no practical reason why the limit can't be 0. Or .2. One thing that's *never* done with drinking is a risk assessment. Instead, we get prohibitionist MADD trying to outlaw drinking, and the government that placates loons to keep them happy (and voting). The risk of crashing while talking on a hands-free handset is higher than "legally drunk" and the laws were all re-written when the limits were lowered. In TX, the speed limits are prima fascia, while in CA, they are statuory. That means in CA, 56 in a 55 is illegal. In TX, it's illegal to drive too fast for conditions. 56 in a 55 is presumed to be unsafe unless the defendant can prove otherwise. Drinking laws used to be the same. It was illegal to be impaired. Not it's not illegal to be impaired, but it's illegal to have a number higher than some standard. It's provably not about safety anymore. The law doesn't address safety or impairment, but instead is anti-drinking. That is a separate issue.

    54. Re:Too Bad by Sir_Sri · · Score: 1

      Ya. Most of the world it's 0.05 but the UK, canada and the US are still at 0.08 which is where most countries set it in the 70's or so.

    55. Re:Too Bad by shiftless · · Score: 1

      The most likely occurrence is certainly the drunk careening into a parked or stopped car.

      Wrong. People drunk drive all the time. People also drive while sleepy, and while hopped up (or crashing down from) all sorts of other drugs, legal or illegal. Crashes are the rare exception..

    56. Re:Too Bad by Anonymous Coward · · Score: 0

      What's the drunk driving to doctor kill-ratio? You know, since you're using reasonable comparisons like terrorism...

    57. Re:Too Bad by cayenne8 · · Score: 1

      In the UK we have car parks outside pubs, but generally people come in groups and assign a designated driver who does not drink. Either that or get a taxi.

      Drink driving has become socially unacceptable in the UK.

      Definitely not the case over here in the 'colonies'....in fact, mostly the opposite.

      However, the attitude is a bit geographic.

      I found that more people I met in the NE part of the US, and somewhat out west (been awhile since I was last out there) is somewhat less tolerant of drinking and driving...but in the middle and the south of the US, it is pretty much acceptable behavior, provided you aren't TOO drunk to drive.

      I don't know anyone that drinks that does not drive home, at least most of the time. Just a fact of life.

      My case is a bit more specialized, I live in New Orleans..which until a few years back, didn't even have an open container law...back then, you could drive with a drink open in the car and if you were about to get pulled over, you just hand your glass to a passenger.

      They curtailed that a bit...but this is the land of the 'to to cup'.

      I get so used to it...I often forget it isn't prevalent around the rest of the US>

      Here, if you're leaving the bar, you just ask for a plastic "to go" cup, and they'll give you one to pour the rest of your drink into, to carry out with you. In NOLA, you are free to walk around with a mixed drink. wine or beer, no problem at all. It is cool to do that 24/7/365 here. Often, we all just order our last drink to go.....we have drive through daiquiri shops...drive through...you get drinks to go.

      In New Orleans, there are hardly any 'liquor stores'....you can buy beer, wine and liquor in the grocery stores, the convenience stores.....etc.

      I've grown quite used to the liberal laws for most everything in the city. I know there are a LOT of people that have drank and are driving on any given evening...but it isn't a problem here. No one worries about it, and frankly, I rarely if ever hear about accidents that are blamed on drinking....at least, nothing serious ever comes on the news about it very often. No more so, than other cities I've lived in that were significantly less tolerant.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    58. Re:Too Bad by Anonymous Coward · · Score: 0

      there apparently were 33,808 people killed in 2009 in "Fatal Motor Vehicle Accidents". that is, by your example, about 120x terrorism. so why do we spend billions or trillions on terrorism? or worry about borderline DUI? i'm fine with making laws against people who lose their ability to drive, but arbitrary limits are stupid.

      http://www.census.gov/compendia/statab/2012/tables/12s1105.pdf

    59. Re:Too Bad by shiftless · · Score: 1

      Backed up by what? This is where you need fairly sophisticated economic analysis to judge just how expensive things become.

      Or we could just let God and nature sort out the risk calculations, and let a free people be free.

    60. Re:Too Bad by shiftless · · Score: 1

      Except that the curve (not my choice for a fit) is chosen specifically because it hits most of them most closely

      Which is exactly why it's wrong. Those who are ABOVE the curve are fucked by the system, i.e. dragged down by the limitations of others, while those who are below the curve get a false sense of security.

    61. Re:Too Bad by AK+Marc · · Score: 1

      It's not about safety. If you are in the mob, and kill a stoolie and stash him in your trunk, then, while driving to the East River, crash, if the stoolie was drunk when you killed him, that's an alcohol-related fatality. The reason there are so many drinking fatalities is that if anyone, in either car, is drunk, then it is drinking related. The number of drunk drivers who kill sober people is somewhere around 10% of the fatalities, though it's a hard statistic to find, as it doesn't help support the "alcohol bad" message that's the core. It's not about safety, it's about prohibition. You are much more likely to be killed by a sober driver than a drunk one.

    62. Re:Too Bad by Seraphim_72 · · Score: 1

      "0.04 BAC, after that everyone starts to perform worse more or less equally"

      What MADD bullshit are spewing? .04?? Seriously? You want to argue *HALF* the legal limit which is already crap science?

      --
      Slashdot, where armchair scientists get shouted down and armchair theologians get modded up.
    63. Re:Too Bad by Seraphim_72 · · Score: 1

      Yeah, you might not want to trot out that first link with the second. Look at the data points. Seems by your first link that the average adult awake for 16 hours (isn't that 'Normal'?) behaves as a drunk (in your explanation). And the .10 to .12 out performed the .04+ set. so by your metric, they should drink more.

      "Anyone who's at about 0.05 or worse is making a judgment call on just how much measurable impairment is tolerable" Not at all, by the data pointsd, they are irresponsible if they don't drink more.

      --
      Slashdot, where armchair scientists get shouted down and armchair theologians get modded up.
    64. Re:Too Bad by shiftless · · Score: 1

      in practice, very few people actually realize just how much their performance actually is really affected by alcohol

      Bullshit. Maybe in your world full of idiots who need a nanny to think for them. The majority of people in MY free nation are capable of deciding for themselves how impaired they really are. They don't need a government, or YOU to decide for them.

    65. Re:Too Bad by shiftless · · Score: 1

      The problem with the above is that *everyone* that gets in a car and drives it after consuming alcohol believes that they are capable of driving safely. Results prove that some of them are wrong.

      Everyone that gets in a car after drinking loads of caffeine believes that they are of capable of driving safely. Results prove that some of them are wrong.

      Everyone that gets in a car while tired believes that they are capable of driving safely. Results prove that some of them are wrong.

      Everyone that gets in a car while extremely upset by the loss of a loved one believes that they are capable of driving safely. Results prove that some of them are wrong.

      Everyone that gets in a car and changes stations on the radio while driving believes that they are capable of driving safely. Results prove that some of them are wrong.

      Shall we ban everything, and punish everyone for the inabilities of a few?

    66. Re:Too Bad by shiftless · · Score: 1

      And as you pointed out, results prove that at least some drivers are wrong about their own ability to drive safely when they've been drinking.

      And at least some drivers are wrong about their own ability to drive safely when they haven't been drinking.

      The vast majority of those who drink and drive never have an alcohol-related accident.

    67. Re:Too Bad by Sir_Sri · · Score: 1

      Hah. Ya, it's sad people think that way.

      How many of those people who die and are injured because people think some jackass should be free to hop in their car drunk and kill someone? If you could be sure drunk drivers would only kill themselves then sure, evolution at work. But when the victims of such 'freedoms' are innocent bystanders....

      http://www.cdc.gov/MotorVehicleSafety/Impaired_Driving/impaired-drv_factsheet.html

      180 children... (admittedly that's about 2% of the drunk driving deaths, but still ugh).

      And that is with drunk driving rates being significantly lower than in the past.

    68. Re:Too Bad by Sir_Sri · · Score: 1

      Which figure?

      Figure 2 (top left corner) is 'equivalent to drink', if you get tired enough you stop behaving like a drunk.

      Figure 1b is where the real money is. And it's quite clearly a downward trend after 1.04. There appears to be one outlying data point at 0.1. And I would say that highlights what's wrong with their data at all (admittedly, it's not the focus of the paper but still) they should have error bars on their data points, or the table sample size.

      The second link actually agrees with the first more or less, but it's harder to read.

      Just looking at the data there is no situation where the 0.10 and 0.12 outperform the 0.04, even including the one wacky data point.

      The first links actual research is figure 2, so they have error bars correctly there, but that's 'equivalent to the effect of drink' not 'effect of drink' which is figure 1b.

    69. Re:Too Bad by Sir_Sri · · Score: 1

      Just because performance drops off after 0.04 doesn't mean that's where the limit should be.

      I posted above or below or something, with a couple of more sophisticated links. To 0.04 it's basically impossible to tell that there's a performance dropoff. After that point there is a dropoff, but 0.05 (which is the legal limit in most of the world) is not much different. But that's a much more sophisticated risk analysis. The data is pretty clear, there's almost no risk up to 0.04, beyond that, your mileage may vary.

      http://www.fatiguescience.com/assets/pdf/Alcohol-Fatigue.pdf (as I posted elsewhere).

    70. Re:Too Bad by Sir_Sri · · Score: 1

      E.g.

      http://www.fatiguescience.com/assets/pdf/Alcohol-Fatigue.pdf (which I posted elsewhere).

      Not from that link, but most places the drunk driving limit is 0.05. From figure 1b in that link it's quite clear that up to 0.04 you basically can't detect a performance dropoff.

      After that it's a risk tolerance calculations.

      I posted elsewhere in this thread (related to the same 0 tolerance post) a few other links, basically in new zealand they figure they'd save 16-72 lives a year and 640-1200 ish injuries a year by lowering the limit from 0.08 to 0.05. There are, if you are inclined to look for it, statistics for the countries (such as france) that reduced the limit from 0.08 to 0.05.

      So then what's the risk that you want? Up to 0.04 there's virtually no meaningful or measurable risk. After that you start seeing a decrease in driving performance.

      Also japan has the same thing you suggest. Impairment is impairment, they don't care if you're tired, high, drunk etc.. It's all impaired.

      The reason you can't just rely on personal judgment is that people are bad at judging their own drunkenness, and the government doesn't want you to be recklessly on the road. It's much easier for everyone if they set a limit based on (quite well defined) averages about how people perform than let you judge for yourself and hope you don't cause an accident.

    71. Re:Too Bad by Sir_Sri · · Score: 1

      Fair enough. The most likely outcome of an accident is one with a parked car. What the accident rate for people who are driving while drunk is harder to figure.

      it seemed like that was sort of implied, but obviously not to some people. Such are forums.

    72. Re:Too Bad by Sir_Sri · · Score: 1

      How does that matter?

      It's not like you have 1 driver you are trying to improve the performance of where you focus your efforts on their most dominant problem. There are millions of drivers driving billions of kilometres every year. To combat bad drivers you have things like graduated licencing, incentives for driver training etc. You also have a punishment system for bad drivers. For drunks it's the same basic problem, this is a defined problem (alcohol above about 0.04 reduces your ability to drive) so the government has set some resources to trying to address the problem. The legal limit most places is 0.05 (or 0.08 in the US canada and the UK) and there's enough statistical analysis to determine what the benefit or cost would be to lower it from 0.08 to 0.05. I posted elsewhere in this same overall thread a link to a NZ study that figures 16-72 deaths per year would be prevented and 640-1200 ish injuries. The 'public awareness' portion is effectively the same thing as driver training - make sure people know what they're doing that's bad, give them an opportunity to not do it (i.e. don't drive drunk and don't drive without training) and then there's a punishment regime in place.

    73. Re:Too Bad by Anonymous Coward · · Score: 0

      Just revenue, huh?

      Back when I first started drinking and had no alcohol tolerance, I worked out the numbers and decided to hit .08. I was fightin' drunk, could barely stand up, puking everywhere, etc. I had drank a reasonable amount maybe twice before this. My asian female friend that weighed 100lbs could barely finish a beer before she would be either passed out or hammered. There's no WAY I would have been safe to drive at .08, neither would she. However, I had veteran drinker friends who could put away eight pints and be coherent and not at all visibly impaired from up close.

    74. Re:Too Bad by mark-t · · Score: 1

      Ultimately one who claims to be okay to drive after drinking some amount of alcohol is gauging, for themselves, the impact that alcohol appears to have on oneself by their own perceptions, which, when they've had alcohol, have *already* been affected, and can be very easily misled To what degree they may be actually effected is irrelevant, unless one has also been subject to scientific experimentation with controls and measures, because a person's who's had too much to drink and doesn't realize it can be just as confident in their own abilities and can express the exact same sentiment as a person who claims, however rightly, that they haven't had too much to drink in the first place. They are objectively indistinguishable without resorting to scientific study, so unless a person has actually had NOTHING alcoholic, I simply don't trust anyone in that regard.

      But that's hardly the same thing as advocating a nanny state. So I'm really not sure what you're talking about... unless you were just wanting to argue with me about something that I never actually said.

    75. Re:Too Bad by Seraphim_72 · · Score: 1

      And before you are tired you behave like a drunk. There is no control for sleep+drink. This is junk science.

      --
      Slashdot, where armchair scientists get shouted down and armchair theologians get modded up.
    76. Re:Too Bad by Hognoxious · · Score: 1

      In TX, the speed limits are prima fascia

      Huh? They're written on the dashboard?

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    77. Re:Too Bad by mvdwege · · Score: 1

      Given that you cite reaction time as a governing factor for safety: get off the road and turn in your license, now.

      Reaction time is but one component of intoxication by alcohol, impaired judgement, especially risk-estimation, is another. And guess what? That old guy is statistically a lot more likely to be better at the latter than your young stupid overconfident arse.

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    78. Re:Too Bad by Hognoxious · · Score: 1

      The majority of people in MY free nation are capable of deciding for themselves how impaired they really are.

      Don't know if you've ever heard of Dunning & Kruger.

      I'm sure they've heard of you.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    79. Re:Too Bad by Anonymous Coward · · Score: 0

      [quote]I'm of the mindset that even a little alcohol in your system should keep you off the road. [/quote] The problem with that mindset is that everyone has little amounts of alcohol in their systems all the time. You get trace amounts of alcohol to your blood from so many different sources that's absolutely impossible to avoid them. Put the limit slightly below the point where a typical person who has poor alcohol tolerance starts to be affected and then enforce it. That's my opinion.

    80. Re:Too Bad by AK+Marc · · Score: 1

      Prima facie. The problem with spell check is when you spell it right, and it corrects to the wrong thing. And yes, fascia is based on the root facie.

    81. Re:Too Bad by AK+Marc · · Score: 1

      The reason you can't just rely on personal judgment is that people are bad at judging their own drunkenness,

      I wish I had saved a copy of it. I saw a report once, commissioned by the US government, to prove marijuana was bad. The conclusion was that being high on marijuana was safer than sober. The reason is that people high on MJ would over-compensate "man, I'm so totally high." Such that they drove slower and more carefully, making fewer errors than when sober.

      But alcohol messes with your confidence so you feel better when you are getting worse.

      The "solution" is to monitor impairment. And I can think of no way of doing that which doesn't include government-owned sensors in all cars. Otherwise, it's subjective. The cop vs you.

      Talking on a handsfree is less safe than being drunk, but is explicitly legal. The real problem with the laws is that they are not regarding safety, but enforcing prohibition. When's the last time a traffic law was based on actual safety studies? Oh, that's right, never.

    82. Re:Too Bad by Kielistic · · Score: 1

      Which isn't the topic. I don't believe anybody in this thread said they should be able to drive while obviously intoxicated. The original poster said zero alcohol which is an absurd notion.

    83. Re:Too Bad by Kielistic · · Score: 1

      Cute, but not really true and going beyond the discussion so you can make an attempted insult. Reaction time is definitely the main driving ability that low BAC affects. One or two beers will not affect my judgement or risk-estimation and it will only imperceptibly affect my reaction time.

      What good is this supposed super-human judgement and risk-assessment when it takes too long to realize the situation? I never said seniors shouldn't drive (well, some shouldn't) but if you're going to claim zero-tolerance alcohol you have to believe seniors are a menace as well because they do have measurably reduced driving ability.

      What's with your hyperbole anyway? A single beer's inability to get me drunk doesn't make me overconfident or stupid. It just makes me a healthy, young 170 pound male.

      Lowering the BAC doesn't stop drunk driving; it's already illegal to drive drunk. Lowering the BAC only serves to make scarier statistics and campaign brags ("We caught 10 million drunk drivers this year, look how safe we made you!").

    84. Re:Too Bad by mcgrew · · Score: 1

      too bad the BAC of people who do cause accidents shows you to be full of it.

      [citation needed]

      why don't you just man up and admit that you feel that you are entitled to get drunk and put everyone elses lives at risk for no other reason than your own self-serving importance.

      I never drink farther than walking distance from home. There are five bars I can walk to, why would I want to drive?

    85. Re:Too Bad by Anonymous Coward · · Score: 0

      Easiest solution: Kill someone cause you drove drunk? Automatic life sentence / capital punishment. There's several countries with this sort of deterrent punishment. And they have very very low DUI rates. Japan puts you in a cell thats only 5 feet tall and a few wide (cant stand up).

      Our standards for what makes a "DUI" are lower than most any other country, yet we still have one of hte hghest rates.
      Our punishments are also weaker than most other countries for DUI.
      Obviously its not the standard that influences the DUI rate, but the punishment.
      Think losing a liscense for a year is bad? I've got news for you.

    86. Re:Too Bad by ebuck · · Score: 1

      This isn't about safety, its about the perception of safety.

      This is about safety.

      Drunk driving kills approximately 40 times as many people as terrorism

      I have to stop listening to you after that remark. The center of disease control and prevention keeps statistics on deaths per year classified by categories. In both 2009 and 2010 they added (due to regulation) the new terrorisim categories. There has yet to be a death associated with terrorisim, so 40 times zero is just still zero. You're pulling statistics out of your ass.

      The total number of deaths (estimated, final counts take a few years) in 2010 was 2.5 million. That said, alcohol induced deaths top off just over 25 thousand (or about 1%), but that includes all alcohol induced deaths (liver failure, etc.) Motor vechicle deaths seem to be down as a whole in 2010, at just over 37 thousand (about (1.5%).

      All disease of the heart combine to about 595 thousand (about 22%). Tumors took another 573 thousand (another 20%). If you really want to live longer, stop trying to stop the unlikely but horrible events from killing you and start working on the likely but seemingly innocuous events from killing you. Put down the hamburgers, stop eating the fries, and get serious about combating pollution. You are going to get (statstically speaking) a 40,000% return on your efforts compared to stoping a cause that amounts to less than one percentage of deaths.

      Don't believe me? Read the reports yourself.

    87. Re:Too Bad by dkleinsc · · Score: 1

      Most criminology studies have demonstrated that it's not actually the punishment that makes much difference in crime rates, it's the risk of getting caught.

      So here's my counter-proposal: Take the police resources currently used to prevent people from smoking pot (which has never been shown to harm anybody) and put them towards ensuring that people don't drive drunk (which has been shown to harm thousands of people a year). And I make this proposal as somebody who's never smoked pot and never wanted to.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    88. Re:Too Bad by Sir_Sri · · Score: 1

      Talking on a handsfree is less safe than being drunk, but is explicitly legal. The real problem with the laws is that they are not regarding safety, but enforcing prohibition. When's the last time a traffic law was based on actual safety studies? Oh, that's right, never.

      Right, but talking on a cell phone isn't lots of places. The cellular phone lobby is strong. But that's going to unwind when people shift to handsfree and keep having accidents. In fact talking on a cell phone is banned precisely because of the evidence that it's bad (as is texting while driving). The cell industry managed to get governments to ignore the evidence on handsfree driving, for now.

      Countries that have 0 blood alcohol limits are making a moral judgment. Countries that have a 0.04 - 0.05 have made a very clear scientific judgment based on when your driving performance starts to drop off. People still clinging to 0.08 are making an economic and 'personal freedom' lobby based judgment.

      The "solution" is to monitor impairment

      I would not be surprised if in future all cars have ignition locks on them. Which has been suggested. They don't need to be government owned, they just need to be a standard component of every vehicle, and they need to be maintained and in working order. A new car costs what, 12, 13K on the low end, an ignition interlock device can be about 50 bucks if you put them in every vehicle.

      The rest of your sentence is simply not true though. Blood alcohol level is measurable, and the dropoff effect in performance is quite well quantified. That's why the limit is 0.05 most places.

    89. Re:Too Bad by Sir_Sri · · Score: 1

      Erm.. no. that's not what the chart shows at all.

      Notice this is a 2 page 'free' article. Unfortunately that's all I can give you if you can't access scientific journals (and if you can you clearly don't have the skills to understand them, hopefully you're still in highschool).

      Sleep+drink isn't central to the question. The question is how does performance dropoff as you get drunk. Then how does performance drop off as you get tired. That gives the (pointless) measure of 'equivalent to blood alcohol' effect of being tired.

      Chart 2 clearly shows that being awake for 15-16 hours is no different from having a BAC of 0.04, and neither of those have much of a meaningful variance in measurable performance. Being up longer than that, having a BAC of 0.05 or more both clearly have measurable dropoffs in performance.

      They aren't trying to show the combined effects of drunkenness and tiredness. That would certainly be valid, and more valuable. But this is a 3 page article in a correspondence journal given away for free, and it's clearly more of an interesting thing to consider than any sort of serious new information. It wasn't news before that being tired reduced performance, and it wasn't news before that being drunk reduced performance.

    90. Re:Too Bad by Anonymous Coward · · Score: 0

      Applying the same standard, nobody gets to drive after 40 or before 25 years old. Measurable impairment and poor judgement and all.

      Looking at the stats for actual drunk driving accidents it's apparent that .15 is where driving goes to shit. Even .10 was conservative. .08 is just about revenue.

      Not necessarily. It might be a symptom of the USA's continuing, escalating War on Anything Remotely Dangerous. (As recently formed from the merger of the various, separate Wars On $Concept that were already underway.)

      (Amusingly appropriate captcha: 'nibbler')

    91. Re:Too Bad by Anonymous Coward · · Score: 0

      Zero tolerance is a very easy and popular way to reach judgment with no effort. That's how he got modded up; nobody stopped and thought about it.

      Or to be more accurately, reaching a conclusion without judgement.

    92. Re:Too Bad by TheCarp · · Score: 1

      The problem is you are making a HUGE logical leap from deviations in lab tests for reaction ability to driving ability, a far more complex task with many more factors involved. Its just plain not relevant.

      I don't drink, so honestly, I don't pay as close attention to alcohol as pot. Look at the UK Highway Safety Study for a perfect example. They found...yes... raw response tests did show impairment...measurable... but that the difference between users who used the drug and non-users who were not using it, did not translate onto road tests in the actual population under consideration.

      --
      "I opened my eyes, and everything went dark again"
    93. Re:Too Bad by rrohbeck · · Score: 1

      And nobody gets to drive after a bad night of sleep, of if they're worried about something, or after they had an argument with somebody.

    94. Re:Too Bad by TheCarp · · Score: 1

      It is only a legitimate safety concern if it actually impacts safety in a meaningful way, not an entirely theoretical way. Driving is a lot more than raw reaction time.... in fact, I would argue that if you are driving such that your raw reaction time is the difference between being alive or dead, then you have already fucked up.

      So yes DRUNK driving a safety concern? Sure. However, lumping people with miniscule amounts of alcohol in their system with people who are actually drunk? Thats about the perception of doing something about safety, because taking those people off the road isn't going to help.

      Worst than that, it makes a mockery of safety and makes it look foolish.

      --
      "I opened my eyes, and everything went dark again"
    95. Re:Too Bad by AK+Marc · · Score: 1

      Countries that have a 0.04 - 0.05 have made a very clear scientific judgment based on when your driving performance starts to drop off.

      No, they haven't. The number of allowed and legal activities that have greater impairment than .04 is large. They aren't after impairment, they are targeting alcohol, possibly because it's easier to target, as it's the only impairment that exists after the fact (lumping all chemical impairments into that category). If you are sleeping while driving, you'll wake up when pulled over. And so many other impairments are transitory (radio/music adjustments etc.)

      Blood alcohol level is measurable, and the dropoff effect in performance is quite well quantified. That's why the limit is 0.05 most places.

      That's simply false. If the law was based solely on impairment, then why is it legal almost everywhere to have a phone conversation on handsfree, where that's proven to be less safe? The answer is simple, the law on alcohol isn't safety based, as safety isn't the primary consideration.

    96. Re:Too Bad by Sir_Sri · · Score: 1

      1. Covered under the blanket "driving while distracted" "reckless driving" etc. Complaining that limits on blood alcohol don't cover other forms of impairment is the same as complaining that murder laws don't cover theft. Just because it's not covered by this rule doesn't mean it isn't covered.

      2. I already addressed that.

      The law is a slow meandering beast. The US should have had socialized medicine around 1920 or at the latest by the 1960's. Yet it's still not there. Evidence doesn't make governments move quickly. They get there eventually though.

      Nor by the way, is the fact that you can directly measure impairment 'false'. Proving 'tiredness' is much harder, but if you fall asleep while driving and cause an accident just about everywhere has a statute that will get your ass. The Japanese go so far as to not care at all about the type of tiredness

    97. Re:Too Bad by mark-t · · Score: 1

      Any person's claim, however correct the assessment may happen to be, that they are a perfectly safe driver if they've only had a little to drink is completely indistinguishable from self-delusion to anyone else.

      I see absolutely no compelling reason to take anybody's word for it, and I don't.

    98. Re:Too Bad by AK+Marc · · Score: 1

      Covered under the blanket "driving while distracted" "reckless driving" etc.

      Yes, DUI is covered under those, so why does it get it's special laws? Oh, because it's *NOT* about safety.

      Complaining that limits on blood alcohol don't cover other forms of impairment is the same as complaining that murder laws don't cover theft.

      No, the complaint is if there was a law against cruel treatment of animals, and then a new law was passed that made possession of cow meat "murder". The implication would be that PETA or some other nutjob organization pushed through crap laws to make something illegal to push through a vegetarian agenda. Much like MADD has a nutjob prohibition agenda. Making posession of meat "murder" isn't about cruelty (as the cruelty isn't addressed, either directly or indirectly), but is simply anti-meat.

    99. Re:Too Bad by mvdwege · · Score: 1

      Some folks already posted the numbers, so look upthread. A BAC of over 0.04 leads to a measurable impairment, so most jurisdictions (at least here in Europe) set the bar at a sensible 0.05. That's one drink for an average adult. Anything above that, you're impaired.

      And the fact that you believe that you are not impaired does mark you as a typical young male: bad at risk estimation to start with, and not aware that alcohol has a deleterious effect on said risk assessment.

      If it weren't for the fact that you're going to be driving several tons of steel and be a menace to the rest of the road users, I'd say it is a happy coincidence that you are also statistically more likely to Dunning-Kruger yourself out of the gene pool.

      There is no hyperbole. You are that stupid.

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    100. Re:Too Bad by Captain.Abrecan · · Score: 0

      So you admit that a few drinks is not a problem "(albeit trivially up to about 0.04)". No shit. Nothing happens to the CNS until your are buzzing, that is why they call it buzzing

    101. Re:Too Bad by Kielistic · · Score: 1

      So you completely agree with me and then call me stupid? Although I do think 0.05 to be a little low for many people but barring a better way to measure intoxication maybe it's fine. When I go out with friends or family and have a couple of beers I am not pounding back 3 pints then jumping in my car. I am drinking lightly for several hours. I have never driven over Ontario's 0.05 limit but I do take offense to being told I should lose my license, that I am a selfish idiot or that I should die for driving after drinking a beer in the last couple of hours.

      So maybe in the future you should read the whole thread before shouting out insults and being a presumptuous twat?

    102. Re:Too Bad by Sir_Sri · · Score: 1

      Yes, DUI is covered under those, so why does it get it's special laws? Oh, because it's *NOT* about safety.

      Because it's actually easier to quantify. So you can clearly specify, what exactly counts as impaired and don't leave as much up to judges and police, which would lead to more arbitrary enforcement of laws. That's not so much about safety as it is about fairness in the process. Prove someone had a safe (or unsafe) amount of alcohol in their bloodstream. That's a problem that can be neatly quantified with a blood alcohol test. Prove that someone was too tired to safely (or unsafely) drive and it's much harder, basically you have to wait until they fall asleep and crash or are demonstrably weaving along the road, and even then the police don't have a handy scientific piece of evidence to work from, it becomes eye witness testimony or after the fact evidence when something bad already happened. And well, prevention is produces far more safety than response after the fact.

  3. Re:I for one... by Anonymous Coward · · Score: 2, Interesting

    Lame frosty.

    Also, fuck this sociopathy of a "justice system". There is no consistency. They did not throw out these convictions only to save on paperwork. They should have been thrown out.

    Also, if everyone exercised their right to a fair trial, then this bullshit criminal legal system would collapse. You'd see a lot fewer trumped up charges and minor offenses would be handled far more sanely. This "justice system" is like an abusive parent with a loud and obnoxious toddler.

  4. How about polygraphs? by Anonymous Coward · · Score: 1

    No, I have no interest in having drunks driving on our streets and doing even more harm to society than they already do, but application of law must not be arbitrary and capricious: it's the prosecution's job to show that the evidence is reliable "beyond a reasonable doubt." If the software does not meet that criterion then you don't have valid evidence, just as you don't have valid evidence if your "eye witness" wasn't there at the time.

    PF

    1. Re:How about polygraphs? by sjames · · Score: 1

      I HOPE TFA was in error, but according to it, the breathalyzer is found to be accurate by preponderance of the evidence rather than beyond reasonable doubt.

      They seem REALLY desperate to have people just shut up and go to jail if the cops say so.

  5. Re:Cost/Benefit by Anonymous Coward · · Score: 5, Insightful

    Hopefully, one day, you'll be incorrectly lumped in with a majority accused of a crime and someone in a position of power won't give a damn about your rights or freedoms.

  6. smoking pot is betterer by Ralph+Spoilsport · · Score: 0, Offtopic
    If you drink and drive, what happens? You go speeding around like a lunatic asshole and kill people.
    If you smoke out and drive, what happens? You go 10mph under the speed limit and still miss your exit. Then you spend 15 minutes lost in a cloverleaf trying to turn around. Then you drive at 10mph under the limit and you STILL miss your exit, so you end up at a 7-11 getting some Soda pop and a sack of chips and chocolate bars but it's too hard to figure out the change, so you let the guy behind the counter do it, and then you pig out enough that your head clears long enough that you DON'T miss your exit and you end up watching Tim and Eric's Awesome Show Good Job! or Wonder Showzen reruns until you fall asleep in the barcalounger.

    True story.

    --
    Shoes for Industry. Shoes for the Dead.
    1. Re:smoking pot is betterer by cayenne8 · · Score: 1

      You go speeding around like a lunatic asshole and kill people.

      Actually....that is the one and only time that I ever bother to try to follow the speed limits.

      When I'm stone cold sober, I drive as fast as I like which is usually very fast. I only look at the speedometer when the radar detector goes off, or if on the highway, I know of a 'bear trap' from the CB radio. I don't drink and drive on the hwy, since I'm usually wanting to get somewhere fast, usually averaging 90-95mph most of the time. But around town, if I've been at the bar all night....I drive back roads, and go the posted speed limits.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    2. Re:smoking pot is betterer by X0563511 · · Score: 1

      Yea sure. I've watched people who were obviously high do really stupid shit, like start crossing the intersection in the "going forward lane" then cutting over to turn left, nearly causing a 3-car accident because people in the turn lane were fucking turning.

      If you are inebriated - BY ANYTHING - then stay the FUCK off the road.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    3. Re:smoking pot is betterer by HornWumpus · · Score: 1

      Left turn from the right lane. On topic: That's SOP in Minnesota (and Washington state) for sober drivers.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    4. Re:smoking pot is betterer by Rockoon · · Score: 1

      I've watched people who were obviously high

      Ah yes.. the solid 'they did something stupid so *obviously* they were on drugs' logic..

      Got news for ya .. the logic you are pushing tells us that you are obviously retarded.. meanwhile there was no obvious drug use in your description of events.

      --
      "His name was James Damore."
    5. Re:smoking pot is betterer by X0563511 · · Score: 1

      No, it was the posturing of the driver and complete obliviousness to the people honking and yelling around them that tells me they were impaired.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    6. Re:smoking pot is betterer by mla_anderson · · Score: 1

      I have heard the slightly drunk drivers trying to avoid being caught typically stay right at the speed limit or slightly below. 2-3 above and you're in the clear.

      --
      Sig is on vacation
    7. Re:smoking pot is betterer by AK+Marc · · Score: 1

      One man's impaired is another man's "stupid" or "asian" or whatever driver. Your confirmation bias doesn't make a good basis for generalizations. For me, it's 40-60 year old women drivers. They haven't crashed in years, so they don't need to use signals, or turn from the correct lane, or stop at red lights. Anytime I see a bonehead move, it's a middle age white woman.

    8. Re:smoking pot is betterer by Ralph+Spoilsport · · Score: 1

      offtopic? Must have been some sober "in recovery" person with no sense of humor. Jeeezus...

      --
      Shoes for Industry. Shoes for the Dead.
    9. Re:smoking pot is betterer by shiftless · · Score: 1

      Likewise, it's your profoundly ignorant statements which inform us that you are ignorant. Marijuana does not cause impairment in driving abilities to any real degree; in fact, for some drivers (and experienced smokers) it improves their skills.

    10. Re:smoking pot is betterer by Rockoon · · Score: 1

      There is still no obvious drug use in your description of events.

      What is obvious is that you easily leap to the conclusion that drugs are involved, which as I said makes it obvious that you are retarded. An extreme lack of critical thinking ability is a form of retardation. You are retarded.

      --
      "His name was James Damore."
  7. Probably guilty? by sjbe · · Score: 5, Insightful

    As a minnesotan, I don't necessarily approve, but I would expect that the majority of those covicted with this equipment truely were drunk.

    So your argument is that someone should be wrongly convicted because a bunch of other people probably were guilty? I pray you never become a judge.

    1. Re:Probably guilty? by CanHasDIY · · Score: 2

      As a minnesotan, I don't necessarily approve, but I would expect that the majority of those covicted with this equipment truely were drunk.

      So your argument is that someone should be wrongly convicted because a bunch of other people probably were guilty? I pray you never become a judge.

      ... and that the wrongly convicted should stay that way, because clearing their names would just be too darn expensive.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    2. Re:Probably guilty? by crmarvin42 · · Score: 1

      what part of "I don't approve" didn't you understand?

      --
      Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    3. Re:Probably guilty? by crmarvin42 · · Score: 1

      I'm not a judge, and that affords me the luxury of taking the long view. Knowing what I do about the case (which is practically nothing), I don't believe I would have made the same decision, but since it was not my decision to make I comfort myself with the belief that the majority of the convictions were not of innocent parties.

      --
      Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    4. Re:Probably guilty? by __aaeihw9960 · · Score: 1

      So your argument is that someone should be wrongly convicted because a bunch of other people probably were guilty?

      Pair that with the 'you shouldn't be pro-privacy laws unless you have something to hide' argument, and you've really got something that'll turn heads!

    5. Re:Probably guilty? by crmarvin42 · · Score: 1

      That was not, in-fact, my argument but feel free to make this about me and not the judge or the case.

      --
      Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    6. Re:Probably guilty? by CanHasDIY · · Score: 4, Insightful

      what part of "I don't approve" didn't you understand?

      The part where you never actually said that.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    7. Re:Probably guilty? by crmarvin42 · · Score: 1
      Quoting myself:

      I suspect that the judge placed some emphasis on the cost of re-trying all of the cases that are based on this piece of equipment, in light of its obsolescence moving foreword. As a minnesotan, I don't necessarily approve, but I would expect that the majority of those covicted with this equipment truely were drunk.

      Maybe my response lacked the kind of hostility normally present on the internet, but I clearly stated a lack of approval.

      --
      Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    8. Re:Probably guilty? by CanHasDIY · · Score: 1

      Quoting myself:

      I suspect that the judge placed some emphasis on the cost of re-trying all of the cases that are based on this piece of equipment, in light of its obsolescence moving foreword. As a minnesotan, I don't necessarily approve, but I would expect that the majority of those covicted with this equipment truely were drunk.

      Maybe my response lacked the kind of hostility normally present on the internet, but I clearly stated a lack of approval.

      "I don't necessarily" != "I don't"

      Not by a long shot.

      ProTip: Don't use qualifiers (such as "necessarily") unless you're certain their use won't cause your intention to be misinterpreted.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    9. Re:Probably guilty? by CanHasDIY · · Score: 1

      To further clarify, by using the qualifier "necessarily," you change your meaning from:

      I do not approve

      to

      I do not approve, except under specific yet unnamed conditions

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    10. Re:Probably guilty? by crmarvin42 · · Score: 1

      if you say so. That was not my intent.

      --
      Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    11. Re:Probably guilty? by CanHasDIY · · Score: 1

      Future reference, then.

      Not trying to bust balls (although it is quite excellent work, if I do say so myself), just doin' what we grammar Nazi's do best (which, contrary to appearance, is to help others sound more intelligent through grammatical correction)!

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    12. Re:Probably guilty? by BronsCon · · Score: 1

      The part where you're refusing to do a damned thing about it.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    13. Re:Probably guilty? by shiftless · · Score: 1

      I clearly stated a lack of approval.

      Immediately followed by a statement indicating that you do in fact approve to some degree:

      I would expect that the majority of those covicted with this equipment truely were drunk.

      In other words...."some people got fucked over, yeah, but most of them were guilty!"

  8. Re:I for one... by cayenne8 · · Score: 5, Insightful

    They did not throw out these convictions only to save on paperwork.

    More likely...they didn't want to throw them out because of revenue loss.

    They're not interested in making the roads safer, they're wanting to protect their revenue stream.

    I'd be willing to bet, that if you took all the revenue from driving infractions, and pooled them, and maybe gave it all back to the citizens that did NOT incur any infractions...rather than give it to the cops, you'd see a huge drop in the vigor and ferocity of our 'safety' officials in setting up all these traps, and the system not caring much about how realistic, accurate and fair they are....

    It is always a bad idea to allow those that can impose power over you, directly benefit monetarily from said actions.

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  9. Attacking the problem from the wrong end. by Apuleius · · Score: 1, Offtopic

    Want to know why drunk driving is so endemic in the United States?

    Here's a hint:

    most bars in the US are in towns and suburbs where they are not served by public transit, AND, the are required to have parking spots for all their customers.

    If ever there was a business that should be forbidden to have customer parking, it's a bar.

    Of all the things about liquor laws in the US, this is the most insane.

    1. Re:Attacking the problem from the wrong end. by Anonymous Coward · · Score: 0

      As glib as your point may be to some, it has basic resonance to me, in basic logistics.

      Let's also admit that civil and criminal liability for servers is almost nil; generally, they only way a server is cited is if there's a fatality. The crime of drunk driving may be the driver's fault, but he's not the only one responsible for his intoxication. Ordering round after round of shots should put even the most obtuse on notice that the customers will be intoxicated. If bars risked going out of business every night, like their customers do they might change their policies in terms of service.

      N/A beer, a variety of soft drinks, food /entertainment discounts, and other incentives for sober drivers are extremely rare.

      People like to talk about "free" cab rides available for those who are intoxicated, but these programs come and go so frequently, they can't be relied-on by anyone.

      America has a drinking problem that is far more ubiquitous than any illegal drug, yet due to tradition, lobbying, and denial, it remains one we can't reconcile with public health and safety. Draconian laws are out-of-phase with societal norms, and often fail to correct chronic offenders.

    2. Re:Attacking the problem from the wrong end. by mcgrew · · Score: 1

      Want to know why drunk driving is so endemic in the United States? most bars in the US are in towns and suburbs where they are not served by public transit, AND, the are required to have parking spots for all their customers.

      Then explain Springfield, IL. You can't throw a beer bottle in this town without hitting a bar with it; there are at least five within staggering distance from my house. Yet folks here still get plastered and drive.

    3. Re:Attacking the problem from the wrong end. by Apuleius · · Score: 1

      Then explain Springfield, IL. You can't throw a beer bottle in this town without hitting a bar with it; there are at least five within staggering distance from my house. Yet folks here still get plastered and drive.

      I would bet those folks don't live within staggering distance or within bus distance from those 5 bars.

    4. Re:Attacking the problem from the wrong end. by __aaeihw9960 · · Score: 1

      People like to talk about "free" cab rides available for those who are intoxicated, but these programs come and go so frequently, they can't be relied-on by anyone.

      Or, even better, in my area, the free cab rides are shut down by city council because the man who serves as the driver every night is a recovered alcoholic of 5 years ---- and there is a fear that he may relapse.

      If that's not the definition of fucked up, I don't know what is.

    5. Re:Attacking the problem from the wrong end. by AK+Marc · · Score: 1

      It's Springfield. All the drunks are named Homer.

    6. Re:Attacking the problem from the wrong end. by BeanThere · · Score: 1

      If it weren't for the overly-restrictive zoning laws, most pubs would be in walking distance.

    7. Re:Attacking the problem from the wrong end. by mcgrew · · Score: 1

      I would bet those folks don't live within staggering distance or within bus distance from those 5 bars.

      There are few homes in town that don't have at least one bar within walking distance. Churches, too -- you can't throw a bible withot breaking a stained glass window.

      The scene in the Simpsons move where the people in the church all run to the bar, while the people in the bar run next door to the church isn't far from reality in the 3D meatspece Springfield.

    8. Re:Attacking the problem from the wrong end. by mcgrew · · Score: 1

      What about Duffman, Barney Gumble, Krusty the Clown, Lurleen Lumpkin, Otto Mann, Captain Horatio McCallister... not to mention ME!

    9. Re:Attacking the problem from the wrong end. by Apuleius · · Score: 1

      "There are few homes in town that don't have at least one bar within walking distance. "

      Key words: in town.

  10. Buggy software by Quiet_Desperation · · Score: 3, Funny

    Who knew they still made software for buggies?

    1. Re:Buggy software by Anonymous Coward · · Score: 1

      Another case of the legal system putting the cart before the horse.

  11. Nice. by Anonymous Coward · · Score: 0, Redundant

    Known bad device is the sole determiner of guilt/innocence, as its results cannot be challenged, and pending cases based on potentially bad evidence are allowed to go forward, with a bonus that the devices are still in use in some jurisdictions. WTH, Minnesota?

    1. Re:Nice. by Anonymous Coward · · Score: 0

      Downvote the truth. Typical of /. these days. Everything above is in the fecking article.

  12. if you drink, don't drive by alen · · Score: 1

    its not that hard.
    drink at home.
    get a designated driver
    take a cab home or the bus or he train

    if you're drunk and in your car and get caught i have no sympathy for you.

    1. Re:if you drink, don't drive by amicusNYCL · · Score: 3, Informative

      What if you're well under the legal limit and perfectly capable of driving safely but some machine says you're extremely drunk?

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    2. Re:if you drink, don't drive by Anonymous Coward · · Score: 0

      He didn't drive.

      "We've convicted people of DUI for walking down the street. Seriously. It was upheld on the basis that he could have gotten in a motor vehicle, because he had his car keys on him. Bonus: The car didn't even run."

    3. Re:if you drink, don't drive by alen · · Score: 1

      and please link to the case?

    4. Re:if you drink, don't drive by alen · · Score: 1

      since you're going to be on police cruiser candid camera i'm sure you won't have any trouble passing the field tests

    5. Re:if you drink, don't drive by cayenne8 · · Score: 0

      drink at home.

      Sometimes fun, can make a boring evening fun...certainly helps TV become more interesting. However...you're not generally gonna get laid drinking at home like you do at a bar, which is one of the main reasons to go.

      get a designated driver

      Doesn't work that well if you're a 'lone wolf' out on the prowl. And when with friends...well, they're all wanting to have fun too. I guess if you can manage to make friends with a teetotaler, that would help...but hard to find any of those in New Orleans.

      take a cab home or the bus or he train

      In most cities...no such things as a train home, and public transportation isn't really a viable option. Hell, the buses and all often stop way before closing time 2am or so...

      In NOLA, we actually do have cabs as an option, and sometimes, I do take advantage of that...but all the time can get expensive. Most cities I've been too that aren't tourist meccas...cabs aren't really much of a regular viable option.

      Besides, it isn't as easy to get laid trying to get the girl to go home with you in a cab...better to get her in your car and drive her home (her house is usually better).

      I guess you don't drink or go out and party much...what you say 'sounds' reasonable, but isn't really practical in most cities in the US.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    6. Re:if you drink, don't drive by Slashdot+Parent · · Score: 1

      if you're drunk and in your car and get caught i have no sympathy for you.

      It's attitudes like this that cause people to drive drunk.

      If someone's drunk and wants to do the responsible thing (i.e. sleep it off and not drive until sober), there is no incentive to do that because the penalty for waiting until sober is the same as the penalty for driving drunk. So might as well drive drunk and roll the dice.

      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    7. Re:if you drink, don't drive by X0563511 · · Score: 1

      Sure, I'd love to take a cab and pay almost $50 for the privilege...

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    8. Re:if you drink, don't drive by Anonymous Coward · · Score: 0

      I can't pass the field tests sober, so that doesn't mean jack.

    9. Re:if you drink, don't drive by amicusNYCL · · Score: 2

      What, like the test where the cop waves the pen in front of your face and says "yeah he's drunk, because I said so." Or the one where you blow into the machine and it comes back saying that your body is 5% alcohol, and the judge doesn't see a problem there?

      In other words, you're saying that it's OK to have buggy testing equipment, because field tests?

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    10. Re:if you drink, don't drive by Anonymous Coward · · Score: 0

      You can do the responsible thing and sleep in a non operational seat with your keys more than an arms length away and not in the ignition. That demonstrates that you had no intent of operating your car. Also it helps if you don't have three other prior convictions for DWI.

    11. Re:if you drink, don't drive by Anonymous Coward · · Score: 0

      I cant pass the Nystagmus Tests either. So it doesnt mean shit.

    12. Re:if you drink, don't drive by dkleinsc · · Score: 1

      the penalty for waiting until sober is the same as the penalty for driving drunk

      Which penalty are we talking about, the one where you pay a fine or the one where you end up killed or maimed?

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    13. Re:if you drink, don't drive by residieu · · Score: 1

      PreCrime

    14. Re:if you drink, don't drive by Anonymous Coward · · Score: 0

      take a cab home or the bus or he train

      I tried that. I got convicted of both DUI and Grand Theft Auto.

      if you're drunk and in your car and get caught i have no sympathy for you.

      See, the people here are trying to claim that they weren't drunk, that the device made a mistake due to buggy software. It was shown that there ARE bugs there that could make a sober person show up as drunk. That should throw the evidence into question.

    15. Re:if you drink, don't drive by characterZer0 · · Score: 1

      Then you probably should not be operating a motor vehicle when sober either.

      --
      Go green: turn off your refrigerator.
    16. Re:if you drink, don't drive by arose · · Score: 1

      If the other guy who claimed this one is to be believed it's because he remembers it locally reported (and everyone reprinting is behind a paywall) and a DUI lawyer said so. Solid evidence in short.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    17. Re:if you drink, don't drive by residieu · · Score: 1

      Well, sleeping in your car drunk is less likely to get you or someone else killed. So that's an incentive.

    18. Re:if you drink, don't drive by Anonymous Coward · · Score: 0

      If you've had even one or two drinks, your judgment may be affected.

      Do you think drunk, or even mildly intoxicated people often make good, or informed decisions?

      How about car accidents - there are tons of statistics trotted out every time the case is made for stronger DUI laws.
      I have an answer that's far more cogent with the rule of law and egalitarian justice. Let's test everyone involved in an accident all the time (no exceptions) and apply the law more evenly, if we really want to reduce these horrible numbers, instead of skewing it towards people who happen pull out of a bar parking lot at 2am.

    19. Re:if you drink, don't drive by dunkelfalke · · Score: 1

      It is reasonable. Just not convenient enough to you. Well, tough luck, either drink or drive. But then you probably won't get laid that often because of higher standards when sober.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    20. Re:if you drink, don't drive by Slashdot+Parent · · Score: 1

      Which penalty are we talking about, the one where you pay a fine or the one where you end up killed or maimed?

      The one that you're actually considering when you're wasted.

      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    21. Re:if you drink, don't drive by Slashdot+Parent · · Score: 1

      Well, sleeping in your car drunk is less likely to get you or someone else killed. So that's an incentive.

      An incentive, yes. But not the type of incentive that drunk people tend to worry much about.

      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    22. Re:if you drink, don't drive by Hatta · · Score: 1

      Do you think drunk, or even mildly intoxicated people often make good, or informed decisions?

      Two words: Winston Churchill.

      --
      Give me Classic Slashdot or give me death!
    23. Re:if you drink, don't drive by Slashdot+Parent · · Score: 1

      You can do the responsible thing and sleep in a non operational seat with your keys more than an arms length away and not in the ignition. That demonstrates that you had no intent of operating your car.

      This is Minnesota we're talking about. I hear it's cold there, and it might be nice to have the heat on.

      Also it helps if you don't have three other prior convictions for DWI.

      If you have 3 priors, you probably don't have a license anymore, anyway. And if you do, then you shouldn't. But that's a separate issue.

      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    24. Re:if you drink, don't drive by gatfirls · · Score: 1

      Field Sobriety Tests are not for the purpose of assessing if you are or are not drunk, it is for the officer to gather evidence to use against you in court. Generally people fail for missing small details or wobbling a bit when walking heel to toe (which is very hard for a lot of completely normal sober people to do). It is pretty much the same as "do you know how fast you were going?" The officer doesn't care if you do or don't but usually people admit to some lesser degree of speeding which is still evidence to be used against them should they try to fight the ticket.

    25. Re:if you drink, don't drive by sjames · · Score: 1

      Fine and dandy, but what if you do all that but a buggy breathalyser says you're DUI anyway?

    26. Re:if you drink, don't drive by ColdWetDog · · Score: 1

      Is Minnesota not using blood alcohol as the legal discriminator? In Alaska, you can't be tried on the basis of a breathalyzer test alone. If you blow positive, you're marched down to the local hospital and given a blood alcohol test which is quantitative and pretty accurate. If you refuse, you're guilty of a DUI. If you refuse the breathalyzer you're likewise guilty. The breathalyzers are really just screening instruments. They're accurate enough for that, but not for any sort of quantitative determination.

      --
      Faster! Faster! Faster would be better!
    27. Re:if you drink, don't drive by ColdWetDog · · Score: 1

      So you are using major historical figure who was an admitted alcoholic to imply that it's OK to run around and do things while inebriated? There is some sort of relationship between politics and driving ability?

      Lots of people drive home safely while flat out drunk. That doesn't imply that it is a particularly good idea.

      --
      Faster! Faster! Faster would be better!
    28. Re:if you drink, don't drive by Charliemopps · · Score: 1

      And then you drive through a Minnesota "check point" at 3 in the afternoon, their breathalyzer reads 6.0 and they run you in even though you'd be dead if it were that high... you have to pay a $2k fine, lose your license for a year and your boss cans you for making the company look bad. I don't see how your logic changes the fact that they are convicting people based on faulty evidence. Drunk driving is bad... but faulty convictions aren't going to stop it. As many people as get charged with it every year, it doesn't even seem like real convictions are doing much good either.

    29. Re:if you drink, don't drive by Hatta · · Score: 1

      Not at all. Just pointing out that alcohol doesn't necessarily impair decision making. I am quite sure that it would have been a terrible idea for Churchill to drive himself.

      --
      Give me Classic Slashdot or give me death!
    30. Re:if you drink, don't drive by Anonymous Coward · · Score: 0

      I got a DUI for .08BAC after going to a happy hour with co-workers, we stayed out pretty late. Had 4 beers (Belgian ales) in the span of 3 hours. I got pulled over for going 40 in a 35. They smelled the alcohol. The field tests have no value, they're voluntary and as I found out, doing them is just a way for them to write up whatever they want on the report. Don't ever do a field test, it's voluntary. Just request the stupid breathalyzer at the station - that's the only required step. The field report results will be a write up of whatever they want to put in it. You can fail every Field sobriety test, blow a 0 BAC, and they will let you go. They have no value.

      Example: Office says "Touch thumb to all four finger tips 3 times" and at the same time demonstrates pressing his thumb and fingers together really tightly. I followed the visual example that he gave me pressing my thumb tightly against my fingers as he demonstrated. On the police report he writes "... was heavily intoxicated and unable to follow basic directions of touching only the tips of his thumb to each finger as told ..."

      They didn't give me a citation for speeding, instead the report went on to say that I was veering all over the road, "2 feet into the adjacent lane" and that was the reason for the stop. The cruiser had a camera, and after about a 4 month delay during which they couldn't "find" the tape, it finally surfaced and showed me driving normal on the road. The court dropped the charges.

      The DMV on the other hand automatically suspends a license in my state for a .08 BAC or above, but you have a chance to have the DMV review the case, the DMV lady watched the video from the cruiser, and simply said in her final report that while the video shows me driving normally, the officer did say that I was veering all over the road and that maybe the video which covered up to a minute before I got pulled over wasn't long enough to show it and that if the officer feels he needs to pull me over then he had that option so pulling me over and the subsequent arrest were justified. The DMV action is not a court action its not appeal-able, they don't have to follow any rules of evidence, and they own your license.

      The system is meant to generate revenue. If you've had 4 beers in the course of 3 hours, let me tell you, it's not "drunk" and spending 13 hours in a jail cell sober is not fun. At least had I been drunk I might have been able to sleep.

    31. Re:if you drink, don't drive by Anonymous Coward · · Score: 0

      Different states have different standards. I was on a DUI jury in Massachusetts for a guy who refused a breathalyzer, so it clearly isn't an automatic guilty here (they can't even mention the refused breath test in court and the judge instructs the jurors to avoid all speculation regarding breathalyzers, which is of course the first thing people start talking about in the juror room). On a side note, an easy way to get out of a DUI here is to refuse the breathalyzer and be completely unfit to drive regardless of blood alcohol level - how can you single out one factor when there so many things impairing you?

    32. Re:if you drink, don't drive by Anonymous Coward · · Score: 0

      The field tests are only to establish probably cause for the office to give you a breathalyzer test. A field test can consist of standing on one leg. At what point do you pass this test? The answer is you don't; the officer will make you stand on one leg as long as it takes you to stumble at which point he has reasonable cause to believe you are intoxicated.

    33. Re:if you drink, don't drive by Anonymous Coward · · Score: 0

      In Minnesota if the keys are available to you, the law considers that you are in control of the vehicle and you can be charged and convicted of DUI. You can be in your car and the keys outside 20 feet away and still be 'in control'. I don't think the exact distance has been tested, but you are at risk if you can acquire the keys reasonably easily.

      Having the keys "more than an arms length away and not in the ignition" will not keep you safe from the local LEO.

    34. Re:if you drink, don't drive by cs668 · · Score: 4, Interesting

      Many years ago I was at a bar in NJ listening to a band. I had 1 beer over the whole 4 hours I was there. I was younger and dancing my ass off so no time to drink. I was pulled over on the way back to my apartment. When they noticed my MN drivers license they asked me to take a breathalyzer, I did. When I passed it, they had another squad car there and asked me to take another one. This happened one more time before I refused. I had been breathalyzed 3 times and was still afraid that if I refused they would rough me up for not following orders. But, I finally said no because it was obvious that they were just hoping for a misreading. Then they all stood in a circle and talked and let me go. I was about 22 at the time and it has definitely helped to make me distrust police.

    35. Re:if you drink, don't drive by Anonymous Coward · · Score: 0

      What if you're well under the legal limit and perfectly capable of driving safely but some machine says you're extremely drunk?

      Then you give the most weight to the most reliable indicator...and you don't fucking drive.

    36. Re:if you drink, don't drive by ThatsMyNick · · Score: 1

      Most cops are not trained to understand how these tests work and what exactly they should watch out for. So yeah, there arent worth shit. I have failed these tests twice so far, when sober and fully alert and awake. The first time, I completed the standard tests and the officer asked me say the alphabets backwards. I missed a letter (or two), and office noted and went ahead with the breathalyser test. The second time, I had a slight fumble at about 25 seconds in the stand on one leg test. Again, the office used it as an excuse to get the breath test done.

    37. Re:if you drink, don't drive by Anonymous Coward · · Score: 0

      since you're going to be on police cruiser candid camera i'm sure you won't have any trouble passing the field tests

      Here in MN the field sobriety test is not actually mandatory, perhaps that's the case everywhere. You have the legal right to politely decline taking the field sobriety test. You are on the other hand required to take the PBT (portable breathalyzer test) test the officer carries with them. I know this now from my attorney. I'm one of the 4k+ cases involved. I know several people who are stone cold sober and healthy that have failed some of the field sobriety tests.

    38. Re:if you drink, don't drive by shiftless · · Score: 1

      And how does that work, in a country where in most places one is required to drive in order to survive?

    39. Re:if you drink, don't drive by shiftless · · Score: 1

      Don't ever do a field test, it's voluntary.

      Why in the world would I do that? I have good enough balance, coordination, and memory that I can pass one with flying colors, even when I'm pretty damn buzzed or drunk. Even if my head is damn near spinning I can still walk (and drive) a perfectly straight line.

      Cue the idiots who chime in "oh, but you just THINK you can, but in reality scientific studies say blah blah blah....." bullshit. I know my limitations, and so do most people. If they didn't, then most drunk drives would result in accidents. The truth is the vast majority of impaired drivers DO NOT get in wrecks.

    40. Re:if you drink, don't drive by shiftless · · Score: 1

      Well, tough luck, either drink or drive.

      Nope, you got it exactly backwards. Tough luck to you and your nanny state ideals, because he's drinking and driving regardless of what you and the MADD hysterics think about it.

    41. Re:if you drink, don't drive by shiftless · · Score: 1

      Do you think drunk, or even mildly intoxicated people often make good, or informed decisions?

      Do you think caffeine addicts make good, informed decisions?

      What about food addicts, i.e. fat people?

    42. Re:if you drink, don't drive by dunkelfalke · · Score: 1

      Until he is arrested for drunk driving and loses his driving license.

      What is with you 'Merkins and your "I've got a right to behave like an arsehole" attitude?

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    43. Re:if you drink, don't drive by L4t3r4lu5 · · Score: 1

      This is why if I'm ever pulled over an breathalysed, and the reading is a "fail", I'll immediately ask for a blood test. No messing around; I want a medical professional to take a blood sample and analyse it with chemistry and science, not just stick it into a machine which reads the absorption of a certain wavelength of light which is also absorbed by many other compounds.

      UK is probably different, but there's no way I'd trust a conviction to a breath sample. I don't drink and drive, so the result will always be a false positive. Best to nip it in the bud.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    44. Re:if you drink, don't drive by characterZer0 · · Score: 1

      Really? Do they shoot you if you don't drive? Does your food run at 60mph and you have to catch it?

      --
      Go green: turn off your refrigerator.
    45. Re:if you drink, don't drive by amicusNYCL · · Score: 1

      Where I live, a breathalyzer result is not permitted as evidence in court, it is only considered probably cause for the police to arrest you and perform a blood test. The blood test can be used in court.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
  13. On what planet? by mosb1000 · · Score: 2, Insightful

    How did we come to a place where a judge can simply decide a machine, which has been proven unreliable, is in fact reliable? How will these people sleep at night knowing they are punishing people who were innocent? Is our whole society run by sociopaths now?

    1. Re:On what planet? by alen · · Score: 5, Insightful

      no, it was proved the software has bugs. all software has bugs. all software has always had bugs. airplane software has bugs. my honda CR-V was just patched for a transmission software bug. i was still able to drive it safely and airplanes don't fall out of the sky daily because of software bugs.

      it was up to the defense to prove that the bugs in question return invalid results or increase the margin of error so much as to make the results useless

      too bad, all the idiots who choose to drive after drinking more than they should deserve to go to jail. i'll drive a few hours after i have one drink. maybe one and a half. these idiots got drunk and drove a car

    2. Re:On what planet? by CanHasDIY · · Score: 1

      'Complacency mixed with the Culture of Fear,'

      'like fuckin' babies,'

      and

      'yes, has been for quite some time.'

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    3. Re:On what planet? by captjc · · Score: 1

      How will these people sleep at night knowing they are punishing people who were innocent?

      On top of a pile of money with many beautiful ladies?

      --
      Slow Down Cowboy! It's been 1 hour, 47 minutes since you last successfully posted a comment
    4. Re:On what planet? by mosb1000 · · Score: 3, Insightful

      According to the article, cellphones in close proximity to the device can effect the accuracy of its results. Based on this ruling, defendants charged based on results from this equipment will not be able to challange the reliability of the results due to the proximity of a cell-phone, even though it is known to be an issue! How can you honestly not have a problem with that? Are you so blinded by your hatred of drunk drivers that you don't even believe people accused of it should have a right to a fair trial?

    5. Re:On what planet? by Anonymous Coward · · Score: 0

      pussy

    6. Re:On what planet? by Anonymous Coward · · Score: 0

      Known bugs, however rare, which have been proven to the satisfaction of the court to produce misleading results, cannot be used as a part of any defense, regardless of whether the conditions of the test were conducive to triggering said bugs. The machine has been ruled de facto infallible, when the court /knows/ that it is not. This is akin to simply declaring that peace officers are fortune tellers, and are able to determine guilt/innocence without the benefit of a trial altogether -- the trial is naught but smoke and mirrors if your guilt/innocence is determined prior to a review of the evidence.

    7. Re:On what planet? by Imagix · · Score: 2

      I can easily have a problem with that. The article doesn't say how much the cell phone affects the results. If it results in a 0.0001 swing (just picking a number out of thin air) in the reported BAC, then only those people who where 0.0001 + the existing margin of error away from the legal limit should be able to contest their judgement. But the people who were further away from effectively the new margin of error have no basis to contest the results.

    8. Re:On what planet? by mosb1000 · · Score: 1

      Absolutely no one can challenge the results under this ruling.

    9. Re:On what planet? by ArsonSmith · · Score: 1

      The same way the Supreme Court ruled that a tomato is a vegetable, despite evidence otherwise.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    10. Re:On what planet? by Anonymous Coward · · Score: 0

      So, you get arrested for DUI. You request a *blood sample* if you think the machine is bogus.

      Frankly, I don't give a fuck if the machine says 0.55 or 0.95 if you were drinking. It is DUI. Period.

      If the machine says 0.2 when there is 0.00 in blood, then there is a problem. But you get a blood sample and be done with it.

      Heck, you can get charged with DUI without any breathalyzer tests, just subjective. If something like that happened to me, I would *immediately* request a blood sample. Only then can I challenge these results.

      In 99% of the cases, this breathalyzer stuff is nothing more than a technicality that drunks try to use to get away from a conviction.

      PS. Then don't stick the cellphone next to the breathalyzer machine. Simple?

      And yes, I have a blind hatred of drunks and drug users on the roads. They account for about 50% of all deaths on the roads. That's 10,000 people dead every year or 3 x 9/11 a year!

    11. Re:On what planet? by mosb1000 · · Score: 1, Insightful

      Assuming someone was innocent, but for whatever reason they did not request a blood test (maybe they didn't know it was an option), would you contend that they should not be able to challenge the breathalyzer evidence even though there is a known issue that can cause it to be unreliable?

      You can't retroactively say "don't stick the cellphone next to the breathalyzer machine" since it is unlikely someone would know this was an issue until long after they were tested.

      What I'm seeing here from you is a lack of ability to empathize with someone who is a different situation. You can see what they "should" have done or not done, but you fail to realize how non-obvious these courses of action would have been at the time. It is unlikely you would have actually behaved the way you claim you would have if you were actually in that situation. And even if you would have, it doesn't mean that someone else is obligated to behave the same way.

      I don't give a fuck if the machine says 0.55 or 0.95 if you were drinking. It is DUI. Period.

      No, it's not. People are able to consume a small amount of alcohol and not become impaired. It is senseless to punish people for engaging in an activity that is fundamentally safe.

    12. Re:On what planet? by Anonymous Coward · · Score: 0

      My problem with the ruling (and one that I hope gets appealed to SCOTUS), is that 'In the order, Justice Barry Anderson wrote that the state of Minnesota "established by a preponderance of the evidence" that the Intoxilyzer was reliable, and not affected by the computer code errors'. Since when was the standard of evidence in a criminal case the preponderance of the evidence? I just served on a criminal jury 6 weeks ago, and we were told that we had to be convinced beyond a reasonable doubt. I don't know enought of the details of the code flaws to know whether they would have introduced reasonable doubt or not, but it seems to me that that's the standard that should have been applied, even if it had to be done on a case-by-case basis. But by eliminating the ability of defendents to even challenge the evidence on the 50%+ standard feels like a miscarriage of justice to me...

    13. Re:On what planet? by dissy · · Score: 1

      Oh my god what a hypocrite!

      too bad, all the idiots who choose to drive after drinking more than they should deserve to go to jail. i'll drive a few hours after i have one drink. maybe one and a half. these idiots got drunk and drove a car

      So you readily admit you are a drunk driver. You have done all that is needed to go to jail.

      But you know what? It gets worse! Your even more of a hypocrite. Because even without drinking ANYTHING but water for weeks, you have done all that is required to go to jail for being a drunk driver.
      These tests can show positive while there is not a drop of alcohol in your system. So yes, you did say people who do not drink should have jail time for it.

      Yet you don't turn yourself in. And you continue to claim other idiots doing the same drunk driving as you, and worse doing the same drunk driving as none what so ever, all deserve jail time while you yourself are skirting your own jail time.

      I would love to see a picture of your head. The shape it must be in after the mental gymnastics you have done must be fairly impressive.

      * For wishing jail time on people who only drink water, you should be ashamed.
      * For wishing jail time on people who do exactly what you do, while hiding from the law and your sentence yourself, you should feel embarrassed.
      * For actually being a drunk driver, you should feel bad and hate yourself.

    14. Re:On what planet? by Anonymous Coward · · Score: 0

      I think if the average juror had any idea the Part Per Million levels these sensors are required to measure, and the microvolt outputs that have to be passed through an instrumentation amplifier to even be read by a microcontroller, they might take issue with inductive fields next to the board traces.

    15. Re:On what planet? by shiftless · · Score: 1

      Is our whole society run by sociopaths now?

      No, just fascists.

    16. Re:On what planet? by dkf · · Score: 1

      all software has bugs. all software has always had bugs.

      That's a stupid cop-out. It's entirely possible to write software that is wholly bug-free (though somewhat harder to make devices that are issue-free; hardware can have the weirdest glitches). It's just extremely rare that people wish to pay what it would cost to do.

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
  14. Re:I for one... by Anonymous Coward · · Score: 0, Troll

    I love to drink and Drive so this ruling is great. Us drunks rule the road so get over it loser.

  15. Good plan to test twice, different equipment by ackthpt · · Score: 1

    When some potlicker tried to follow me up my driveway, at 2 AM, because "it was too dark to see my tail lights" he was tested at the scene and then tested again "downtown" Registering 0.17

    Apprehending officers can also, and often do, use some video and audio at the scene. This guy, rocking back and forth on his feet, because he can hardly keep his balance, was convinced it was all the other driver's fault. Put that on video for the judge to see.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Good plan to test twice, different equipment by cawpin · · Score: 1

      Testing at the scene is just a preliminary test. It has no legal power as far as if you are drunk or not. The test at the station or hospital is the one that the law is written around.

  16. Re:Careful there by CanHasDIY · · Score: 1, Flamebait

    We've convicted people of DUI for walking down the street

    We? I don't get it. Are you implying that you, yourself, are responsible for this injustice? How can that be, when you have just declared your moral opposition to it? Were you in favor of it at one time, and since have flip-flopped your position?

    I take it the several-thousand-year-old concept of a democratic republic is somehow new to you? Or perhaps it's the idea of social responsibility you're having trouble with...

    Why do I get the sinking feeling this particular AC falls into the 'under 25' age group?

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  17. This sounds like... by DaneM · · Score: 1

    ...a ruling done to prevent a crap-storm of appeals and further contested DUI charges. I've seen such things happen before, where the ruling has less to do with evidence, and more to do with all the trouble that ruling on such evidence would cause. How much of a headache for law enforcement will it be if their DUI test proves flawed? It's a good thing to consider, even if it probably shouldn't affect the ruling...kind-of a "catch-.22."

  18. Re:I for one... by snowraver1 · · Score: 4, Insightful

    Traffic laws are a sore spot for me. It pisses me off that a cop will sit on the side of a 6 lane road (3 lanes each way) ticketing people for going faster than the 60km/h speed limit on a divided road with no crosswalks (at the crest of a hill no less). Meanwhile, nearby there is a playground zone with kids playing, and people zip through there, but no cop in sight.

    I think that police should focus on areas where they can actually improve public safety, specifically, school and playground zones. It is very, very, very rare to see a police officer ticketing people speeding or passing in a playground zone. Dont get me started on automated systems (multinova, red light cams, speed on green).

    --
    Copyright 2010. All rights reserved. This comment may not be copied in any way including, but not limited to caching.
  19. so... by MickyTheIdiot · · Score: 1

    Let's suppose that, for the sake of argument, we know that someone exactly six foot created a crime.

    You have six subjects. You get a measuring tape. One person measures exactly six foot.

    He's convicted. We find out 2 years later that the measuring stick was two inches off.

    According to this the person couldn't appeal based on the fact that the measuring stick was incorrect.

    Both are tools. The only difference is one is an electronic, software based tool. Of course, this would mean that the judge didn't think about the system like it was magic.

    1. Re:so... by SJHillman · · Score: 1

      A somewhat flawed analogy because the tool is "usually right". It'd be like a measuring tape that, once in a while, stretches or shrinks by a few inches and there's no way to prove, two years later, exactly what height that person was at the time of the crime (maybe he's young and still growing?). Nonetheless, your point of it being a tool that may not always give 100% correct measurements is completely valid.

    2. Re:so... by idontgno · · Score: 1

      And thoughtful, balanced, well-reasoned, and realistic thinking like that will get you out of a jury pool faster than yelling "Hang 'em all and play pinata with their heads!"

      The prosecution doesn't want anyone in a juror's chair that can believe the defense's technical assertions of reasonable doubt, let alone come up with them independently of the defense case. Prosecution science is precise, accurate, and "CSI" conclusive. Defense science is somewhere between black Satanic magic and flat-Earth Time Cube quackery.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    3. Re:so... by spazzmo · · Score: 1

      First Time Cube reference for such a long time !

      --
      The cheese stands alone...
  20. Re:Cost/Benefit by CanHasDIY · · Score: 2

    I suspect that the judge placed some emphasis on the cost of re-trying all of the cases that are based on this piece of equipment, in light of its obsolescence moving foreword

    I suspect your thought process would be much easier to parse if you knew how to spell, but I digress...

    In other words, actual justice is just too darn expensive? As far as piss-poor excuses go, that one ranks pretty fucking high.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  21. Re:Careful there by Anonymous Coward · · Score: 0

    The government is a representative democracy. Therefore, anything done by the state, is derived from a mandate from the people. The people are responsible for anything done by the state, QED.

    So yes, he and anyone else with citizenship and of voting age are more-or-less responsible to this injustice.

  22. It's not the only state by far by davidwr · · Score: 5, Informative

    Most if not all states will lock up mentally ill people if they are a danger to themselves or others. The difference is that it's not "for life" but rather just until the next hearing, which may be anywhere from less than a week for a person just entering the mental-health-court system to more than a year away for those who have obvious, chronic, problems that can't be sufficiently treated to allow the person to be released. The other difference is that it's to a locked mental hospital not to a prison.

    Also, many if not most states treat "highly dangerous sex offenders" basically the same way as MN under "civil commitment" laws. There may be a trial, but it's typically a civil trial and by the time the state decides they want to keep you locked up, they've got enough evidence to convince a jury to the level required in a civil case. In some states this is for a period of time and they have to do a new trial but the reality is, once you've been locked up under civil commitment, you likely won't get out until your health deteriorates from old age enough that even if you still hold dangerous attitudes you won't be a danger to the public if released.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:It's not the only state by far by Hatta · · Score: 2

      The difference is that it's not "for life" but rather just until the next hearing

      Much like copyright is established for a limited time. It's limited until the next extension act.

      --
      Give me Classic Slashdot or give me death!
  23. Re:Cost/Benefit by residieu · · Score: 2

    And I'm sure that the minority who weren't drunk will be satisfied to know that you think "the majority were drunk" is good enough reason not to overrule their convictions.

  24. I just have one question by EmagGeek · · Score: 2

    Is this an elected or appointed judge?

    He ruled on the case as if he was elected.

    1. Re:I just have one question by compro01 · · Score: 1

      Justices. There are 7 of them and they're elected for 6 year terms. If someone leaves in the middle of a term (The justices are required to retire at 70), the governor appoints a replacement for the remainder of the term.

      Currently, 3 of the judges have been appointed and not faced election. They were all with the majority. The 4th guy was appointed in 1994 and was last reelected in 2009.

      --
      upon the advice of my lawyer, i have no sig at this time
  25. Re:Cost/Benefit by cpu6502 · · Score: 1

    It was recently discovered that Texas had executed an innocent man (the real person was found wandering the streets). I don't necessarily approve, but I would expect that the majority of those covicted truely were murders, and if a few innocent people are on deathrow... oh well. /end sarcasm

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  26. Re:Cost/Benefit by SJHillman · · Score: 5, Insightful

    Whatever happened to the idea that it's better to let ten guilty men go free than to wrongly imprison one innocent man that this country's justice system was once based on?

  27. Now what does a six-year hold on a DUI case do? by Joe_Dragon · · Score: 1

    Now what does a six-year hold on a DUI case do?

    How many cases will just be dropped to clear the load?

    The Administrative License Suspension/Revocation maxes out at 1y for the 3rd time.

  28. Follow the Power by bill_mcgonigle · · Score: 5, Insightful

    More likely...they didn't want to throw them out because of revenue loss.

    If it were that easy, it'd be mere corruption.

    But consider that those with the libido dominandi seek money, sex, and power - in that order.

    We all know that speed limit laws are often set capriciously, foolishly, and dangerously. But it's the law - and you'll obey.

    It's like the marijuana debate. It doesn't matter that there's plenty of scientific evidence to show that alcohol is more dangerous, that legalizing marijuana reduces deaths and crime, etc. That's been known for at least decades. Yet the policies continue - why?

    Sure, there's some financial emolument to certain players by having these laws, but there's way more benefit for the power structure. The point of these policies is to enforce the power structure. They dictate, you obey, logic and reason need not apply. Repeat until you understand who's in charge, what your position is, and how free you really are.

    So then we get Supreme Court decisions like this one which takes a reasoned argument, throws it out, and that sets the new precedent. We must all obey these precedents, because that's what the system decided. We're taught that the system operates for our benefit, but primarily (literal sense) it operates for its own perpetuation. There's even SCOTUS precedent for decisions which basically say, "the defendant's claim has merit, but finding for him would threaten the system, so we find for the State."

    "Follow the money" is good in business, but in politics, do that and also "follow the power".

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    1. Re:Follow the Power by ExploHD · · Score: 1

      We're taught that the system operates for our benefit, but primarily (literal sense) it operates for its own perpetuation.

      The US foreign doctrine is TINA (There Is No Alternative) when it comes to regimes. I expect that same ideology is being followed domestically.



      P.S. You might want to switch to single space. Just a friendly suggestion :)

    2. Re:Follow the Power by yndrd1984 · · Score: 1

      "Follow the money" is good in business, but in politics, do that and also "follow the power".

      "Cui bono?"

  29. most people I know drink responsibly by Chirs · · Score: 1

    I see nothing wrong with having a pint and driving home. Even several pints, if I'm there for several hours.

    Caveat--I'm a 6' 200lb male. My 95lb female friend may require different standards.

    1. Re:most people I know drink responsibly by Apuleius · · Score: 0

      Of course you see nothing wrong with it. And neither do many people.

      And that's why we have a drunk driving problem.

    2. Re:most people I know drink responsibly by Anonymous Coward · · Score: 0

      One pint will not put you anywhere near the BAC limit.

    3. Re:most people I know drink responsibly by Anonymous Coward · · Score: 0

      If you have no apreciable BAC, there is no problem. In short, you are either actually fine or your math is off and you need to correct for the macho bias of "I'm fine". People who are not fine tend to think they are, people who tend to think they are and don't get into an accident this time tend to think so stronger the next time. Buy a growler drink it after driving.

    4. Re:most people I know drink responsibly by Anonymous Coward · · Score: 0

      I see nothing wrong with having a pint and driving home

      I see nothing wrong with practicing my knife-throwing act with your face, since I have crazy awesome aim and would never hit you.

      However, I do also recognize that you should have the matter, and it's okay for you to not trust my self-assessment of my abilities, even when it restricts my freedom to throw knives at your face. If I didn't realize that, I'd just be an asshole.

    5. Re:most people I know drink responsibly by shiftless · · Score: 1

      People who are not fine tend to think they are

      Likewise, those who are fine tend to think they are....even if their BAC is above some arbitrary level which was basically pulled out of somebody's ass and has no basis in reality when measuring impairment for any one specific person.

  30. Re:Careful there by bill_mcgonigle · · Score: 1

    The government is a representative democracy.

    That's the claim. Have you proven it?

    Therefore, anything done by the state, is derived from a mandate from the people.

    And if the government violates its restricted mandate? If it has a single-digit approval rating? If the people aren't competent to make the deal? If the deal isn't hereditary?

    The people are responsible for anything done by the state, QED.

    Prove your terms first.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  31. attorneys say to request a blood or urine test by Joe_Dragon · · Score: 1

    attorneys say to request a blood or urine test and not a Breathalyzer test.

    http://ezinearticles.com/?Breathalyzer-Test-For-DUI---Is-it-Your-Best-Bet?&id=3701454

    1. Re:attorneys say to request a blood or urine test by Anonymous Coward · · Score: 0

      In some jurisdictions, this is grounds for immediate arrest, revocation of one's driving license, and, in extreme cases, automatic DUI. Yes, it is. Yes, you can appeal it... and you might win... but what good is that going to do for your security clearance, job, family, and credit rating? Do yourself a favor and never, ever argue with a cop -- s/he is always in a position to utterly ruin your fecking life on a whim.

    2. Re:attorneys say to request a blood or urine test by Cute+Fuzzy+Bunny · · Score: 1

      Those would be the stupid attorneys, since the breathalyzer stuff is arguable, while the blood tests are very hard to argue with unless they lose or mismark your sample, contaminate or or perform the test improperly.

      The only benefit you get from a blood test is that usually they have to transport you somewhere special like a hospital to perform it, and it'll be done 30-45 minutes after you were brought in. So your attorney can argue that the blood test result was as much as an hour or more after you were behind the wheel, and this represents what your blood alcohol level was at that time, not when you were driving.

    3. Re:attorneys say to request a blood or urine test by ZeroSumHappiness · · Score: 1

      Does that sound like a free country to you?

  32. Re:Cost/Benefit by crmarvin42 · · Score: 1

    That's awfully charitable of you.

    Look, I said I don't approve, but at the same time I suspect that the majority of the convictions are correct. Those that are incorrect did have a chance to their day in court. That doesn't make it any better for those falsely convicted, but then again I never said it would

    --
    Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
  33. Re:Cost/Benefit by crmarvin42 · · Score: 1

    I didn't say it was a good excuse. I didn't even say it was an action I approved of. I was GUESSING at the judges motivations. I think it helps at least a little that first offense DUI convictions do not result in prison time, and usually not even in a suspended license, but it is still a miscarriage of justice.

    --
    Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
  34. Re:Cost/Benefit by crmarvin42 · · Score: 1

    An how many states use the death penalty as a punishment for DUI?

    Their are degrees that your oversimplification ignore. Most first offense DUI convictions don't even end up in a suspended license, just a fine.

    --
    Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
  35. Re:Cost/Benefit by crmarvin42 · · Score: 1

    It's not an either/or scenario you are describing. All tests (which a court case can be described as) have a two types of errors. Type 1 errors are false negatives and Type 2 are false positives. Decreasing one usually does increase the other, but you can never eliminate either of them. In this case the consequence of a false conviction is relatively minor as compared with the consequence of a false conviction in a murder case. 1st offense DUI convictions frequently don't even end up in a suspended drivers license, just a fine. That sucks, but it's not the same thing as the state executing a falsely convicted death row inmate as a previous commenter used as a comparison. Also keep in mind that most sobriety tests are administered AFTER the driver has given the police probable cause to request one (driving recklessly, speeding, swerving, smelling of alcohol, presence of an open container, etc.).

    --
    Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
  36. Re:Cost/Benefit by ZeroSumHappiness · · Score: 2

    Let's make this a drinking game. When someone posts an example of where Americans gave up freedoms for a bad reason we all drink. I'll start:
    9/11.

  37. This is why I only drink at home these days by sandytaru · · Score: 1

    After one rather scary incident driving home from a brewery many many years ago, I made the decision to never have more than one drink outside of the house under any circumstances. Bonus: The money I saved from not buying pricey drinks downtown has permitted me to stock a full bar at home.

    --
    Occasionally living proof of the Ballmer peak.
  38. Re:Cost/Benefit by crmarvin42 · · Score: 1

    At what point did I say their convictions shouldn't be overturned? I made a GUESS at the JUDGES reasoning, and then said I DON'T APPROVE. The rest was my supposition as to how great a miscarriage of justice this was. My conclusion was "relatively minor" since the majority probably were guilty. Additional mitigation includes the low penalty for a first time DUI conviction (usually just a fine) as compared with the potential penalties for a false conviction in other cases with more on the line (prison time, death penalty, etc.). I never said I was happy with it.

    --
    Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
  39. Oh the Indignation by flightdroid · · Score: 1

    Habitual drunk driver is found in his car, with the keys, drunk.... How about we enact a law to get rid of stupid people. That would make me happy.

    1. Re:Oh the Indignation by Anonymous Coward · · Score: 0

      Alas, this will never fly; both the electorate and the elected would quietly and effectively oppose it out of a secret (but completely accurate) belief that they'd be enacting their own demise. Only the ones too dumb to really see how stupid they are would ever propose such a thing, let alone vote "yes".

  40. Re:you 7ail it by Anonymous Coward · · Score: 0

    FUCK YOU steve

  41. Re:Cost/Benefit by CanHasDIY · · Score: 1

    I didn't say it was a good excuse.

    And I didn't say that you said it was a good excuse, now did I?

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  42. Re:Cost/Benefit by Hatta · · Score: 2

    Look, I said I don't approve

    Then get fucking outraged over this miscarriage of justice.

    --
    Give me Classic Slashdot or give me death!
  43. Re:Careful there by girlintraining · · Score: 2

    The people are responsible for anything done by the state, QED.

    ...That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

    In other words, we are not responsible for the actions of our government: We are responsible for stopping them when they piss us off or endanger our lives.

    --
    #fuckbeta #iamslashdot #dicemustdie
  44. Breath test is no proof by Hentes · · Score: 1

    In most normal places they also take a blood test if your breath test is positive.

    1. Re:Breath test is no proof by cawpin · · Score: 1

      Only as a backup. The breath test is absolutely proof.

    2. Re:Breath test is no proof by Anonymous Coward · · Score: 0

      He said normal places.

  45. Re:Cost/Benefit by Anonymous Coward · · Score: 0

    /end sarcasm

    Just wanted to say thank you. I truly would not have been able to tell you were not being serious without that.

  46. The case served its purpose by rabenja · · Score: 1

    Regardless of the outcome, defense lawyers used the case effectively to pressure the prosecutor by creating uncertainty.

  47. Re:Careful there by PatDev · · Score: 2

    Why do I get the sinking feeling this particular AC falls into the 'under 25' age group?

    Perhaps because you are ageist.

    With the current life expectancy in the US (a hopefully appropriate assumption in a thread about minnesota) of 78.1 according to google and an assumption that nobody under the age of 13 has the patience or interest to hang out on a tech discussion site, you are guessing that a particular AC falls within (25-13) / (78-13) ~ 18% of the pool of candidate ages. To level that out to be a reasonable guess, we would need to assume that those under 25 are 50%/22% ~ 2.8 times more likely to fail to understand social responsibility. That's quite a gap, to assume we are almost 3 times as likely to eschew social responsibility.

    While I certainly have no data, this seems to even be counter to largely accepted stereotypes of youth. I thought we were supposed to be bleeding-heart liberal hippies, letting our idealism prevent us from getting anything done? Stereotypically, the gray-haired investment banker in the fancy suit is the one who rejects social responsibility.

    Why do I get the feeling you're in the "definitely over 25" age group? Hint: It's because paint us with such a broad stroke that clearly you have already dichotomized the world into "you all" (the "adults") and "us" (the "children" - many of whom have mortgages/rents, bills, responsibilities, retirement accounts, careers and credit histories by the way).

  48. Re:Cost/Benefit by crmarvin42 · · Score: 1

    you clearly implied it.

    --
    Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
  49. Re:Cost/Benefit by Anonymous Coward · · Score: 0

    1st offense DUI convictions frequently don't even end up in a suspended drivers license, just a fine.

    Where are you getting this from? My first offense resulted in a criminal trial that resulted in me going to jail, and the civil/traffic trial that resulted in me losing my license for a year.

    I was in no accident (pulled over for speeding), and there was no BAC reading taken, no one was hurt... etc.

  50. Re:Careful there by BronsCon · · Score: 1

    As someone who's not far out of that age group, I get the same feeling.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  51. Re:Cost/Benefit by crmarvin42 · · Score: 0

    There are a million miscarriages of justice a day in this country alone. I can't get furious over every single one of them. I place being falsely convicted of DUI pretty low on the list considering it includes false convictions in Murder cases, rape cases, child molestation cases, etc. where the entire life of the falsely convicted is destroyed, sometimes literally (death row). I suspect that in most first time DUI convictions the penalty is a stiff fine, maybe a revocation of driving for a subsequent offense. That sucks, and isn't fair, but its hard for me to get too worked up over it in light of greater miscarriages. I've only got so much righteous anger to go around, and this just isn't important enough to me. If you want to picket the judges house, then feel free. I'll even agree with your motivation, but you won't see me there.

    --
    Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
  52. Re:Careful there by BronsCon · · Score: 1

    Then we are quite irresponsible.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  53. Re:I for one... by Chrisq · · Score: 1

    I love to drink and Drive so this ruling is great. Us drunks rule the road so get over it loser.

    Obviously you're too drunk to realise that the appeals of drunks were thrown out - i.e. their convictions stand.

  54. Re:Careful there by Anonymous Coward · · Score: 0

    ...and when we do not, we are then complicit.

  55. Re:Cost/Benefit by crmarvin42 · · Score: 1

    People I know who've been convicted. Maybe my anecdotal experience isn't representative.

    --
    Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
  56. Where do we draw the line? by King_TJ · · Score: 1

    The problem I see with the "logic" that anyone drinking enough alcohol to cause slight impairment while driving should be arrested and punished is what could (should?) follow if you really believe it.

    For example... Cars with partially worn tires are less capable of stopping or maneuvering out of the way of obstacles than cars with new tires. For that matter, there's very clear evidence that simply choosing one brand/model of ties over another leads to differences in a vehicle's performance -- even when all tires in question are brand new. Should we start making arrests when someone has those cheap Asian tires on their vehicle, that test results show have less traction than others? Should someone be found criminally at fault if they injure someone in a car accident and it's found their tires were really close to needing replacement?

    I think as a society, we're so eager now to punish drunk driving, we've gone towards practically a "zero tolerance" policy, without much regard for reality. Yes, drinking and driving is a "bad idea" on the whole. But like most things, the majority of people are able to use common sense, deciding for themselves if they're safe to drive or not. The ones who can't (even when others around them express their concern) are the ones who pose the real threat.

    With practically all other aspects of operating motor vehicles, we seem to be accepting of the idea that there's a "reasonable level of tolerance" for conditions that hamper a driver from driving optimally. We have state inspections in place to keep dangerous cars off the road until they're fixed, but we only require they be checked once every couple years or so. People driving around with a headlight burnt out may get a ticket, but cars with dimmer headlights than the norm are usually ignored as "good enough". A tired driver is generally NOT arrested, though we know they're likely just as much of a hazard on the roads as someone who drank a beer or two recently.

  57. Re:Careful there by jamstar7 · · Score: 5, Informative

    ...That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

    In other words, we are not responsible for the actions of our government: We are responsible for stopping them when they piss us off or endanger our lives.

    Except that the last time somebody actually tried to do that, we ended up in a civil war. Slavery was only the excuse. The issues of state's rights went out the window when the Union won, and there's the whole business of the wholesale looting laughingly refered to as 'the Reconstruction' that I won't even get into. End result? A stronger federal government contrary to the beliefs and intents of the Founding Fathers. The point of a weak fed was to keep massive government stupidity on a local or state-wide level, not to allow it to infect and infest itself across the entire country.

    --
    Understanding the scope of the problem is the first step on the path to true panic.
  58. Re:Cost/Benefit by CanHasDIY · · Score: 1

    you clearly implied it.

    Only to those whose comprehension of English is minimal (which, I admit, is likely a majority of the population).

    To those that do understand the English vernacular, it's obvious my statement was directed at the idea of the judge's rationale.


    Don't get all butthurt. It wasn't meant to be taken personally.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  59. Re:Careful there by girlintraining · · Score: 1

    Then we are quite irresponsible.

    Pretty much, yeah. But no rational person expects you to take all that responsibility onto your shoulders: Just a small part. If you write a letter to the President, about anything, whatever you feel is important, then you've done more in the ten minutes it took to sit down and make your voice heard than what fifty others will do this year. And anyone who respects the democratic process will appreciate that you did more than what was asked of you: Indeed, it's the only way problems get fixed. Do what you can, when you can, and you can consider yourself a 'good' citizen. But if all you do is pay your taxes and whine about how the world isn't fair... well, you'll have a lot of company, at least.

    --
    #fuckbeta #iamslashdot #dicemustdie
  60. Orange juice has alcohol... by drstevep · · Score: 1

    I'm of the mindset that even a little alcohol in your system should keep you off the road. Alcohol affects people in different ways, what may be fine for you isn't fine for me. If you wan to have a drink, don't plan on driving.

    Then please don't drink any orange juice, which can get to up to 0.4% alcohol (around 1 proof).

  61. Not much of this stuff matters by Cute+Fuzzy+Bunny · · Score: 3, Insightful

    Once the cop decides he's going to arrest you for a DUI, its pretty irrelevant what data he does or doesn't collect or how its collected. Unless you're up for spending six to eight months of your life and about $15,000+ to put on a jury trial (and who knows what a jury is going to do), you're pretty much guilty on the spot. Its all well constructed legislation that was passed literally without opposition, as no politician is interested in sticking up for drunk drivers.

    Further, in many states (like California) you're charged criminally AND as a separate administrative process by the department of motor vehicles. The DMV portion in CA simply requires that there be sufficient evidence of guilt and is independent of whatever happens in court on the criminal aspect. The DMV considers a police report with the arresting officers opinion that you were incapable of driving as sufficient evidence, without a need for a breathalyzer result. Further, some people are convicted of a dui with a blood alcohol level below .08, again because the arresting officer felt based on his observations that the driver was drunk.

    The "cake" in this situation is the truth about the dividing line between social drinking and drunk driving. I think most people would agree that having a drink or two after work or with dinner is social drinking and should be legal if one should decide to drive home. However many people would be legally drunk on two drinks the size and composition of what many bars and restaurants pour.

    Throw in the pressure to make DUI arrests, the ridiculous amount of fines and fees that fill wallets, the lack of any sort of sympathy or lobby effort to make things fair and reasonable, and then leave the 'social or drunk' decision to the cop...

    So its advisable to stop worrying about the cockamamie systems they use to 'prove' whether you were too drunk to drive, those don't really matter much. Understand that there is no such thing as 'social drinking and driving', that by speeding a little or failing to stop completely at a stop sign can easily lead to a DUI arrest even if you haven't had that much to drink, and that arrest will be fairly devastating in terms of financial and personal impacts.

  62. Refuse all field tests by Anonymous Coward · · Score: 0

    If pulled over and you've been drinking and there's a chance you're over the legal limit, REFUSE ALL FIELD SOBRIETY TESTS. You still have to get out of the car, if asked. Invoke your right to remain silent and KEEP SILENT.

    Source: IAAL

    1. Re:Refuse all field tests by ZeroSumHappiness · · Score: 1

      Are you a lawyer in every state in the union? Is refusal /always/ the better option?

      In Massachusetts, refusal is a mandatory and immediate 180 day license suspension for a first offense whereas a plea bargain may end up with a 30 day suspension and the option for a "hardship" license that still allows you to drive to and from work from 7AM to 7PM.

    2. Re:Refuse all field tests by Kaenneth · · Score: 1

      However, it does prevent them from collecting evidence to use in the criminal case against you, generally (obviously will vary) while DUI is a Criminal offense, refusing to comply with the tests is a Civil matter.

  63. Re:Cost/Benefit by Hatta · · Score: 2

    Complacent assholes like you are what's wrong with this world. You can get outraged over every miscarriage of justice, and you should. If more people did, we'd be able to do something about them. Authoritarian judges like this would fear for their jobs... at the least.

    AC upstream was right. You deserve to be falsely convicted of a crime. I will enjoy not getting worked up about that injustice.

    --
    Give me Classic Slashdot or give me death!
  64. Got me out of jury duty by fruity_pebbles · · Score: 5, Interesting

    I was #8 in the jury pool for a DUI case. They were empaneling 12 jurors so I was going to be on the jury unless the prosecution or the defense chose to strike me. During voire dire the prosecutor asked a general question along the lines of "how do you feel about DUI cases?" I raised my hand, explained that I was a computer programmer, and said that I was skeptical of the reliability of breathalyzers because of articles I had read in trade journals concerning buggy breathalyzer software. I was not picked to be on the jury.

    1. Re:Got me out of jury duty by Anonymous Coward · · Score: 0

      I was skeptical of the reliability of breathalyzers because of articles I had read in trade journals concerning buggy breathalyzer software.

      Interesting. Is that for some sort of Amish DUI prevention device?

    2. Re:Got me out of jury duty by shiftless · · Score: 1

      Great job. Odds are some innocent guy who has never hurt anyone in his life got fucked, because you allowed your position to be taken by some shithead without a clue.

  65. Re:I for one... by CrimsonAvenger · · Score: 1

    It is very, very, very rare to see a police officer ticketing people speeding or passing in a playground zone.

    In most places, the size of a speeding ticket is a function of excess speed. People tend to drive faster on highways than in neighborhoods, so there's more money to be made getting tickets on highways.

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"
  66. Re:I for one... by mhajicek · · Score: 1

    Also, if everyone exercised their right to a fair trial, then this bullshit criminal legal system would collapse.

    Theoretically true; unfortunately very few can actually afford to go to trial.

  67. Re:Careful there by CanHasDIY · · Score: 0

    Why do I get the sinking feeling this particular AC falls into the 'under 25' age group?

    Perhaps because you are ageist.

    Perhaps, but unlikely. More likely the reason is, in my own experience, the only people I've ever met who literally do not understand the concept of social responsibility, especially in regards to the American republic, are teenagers. Not to say that all people over 25 understand the concept, just that, if there are older folks who don't, I've never met them. Weltanschauung.

    The real question here is, why are you all butthurt about it?

    That's quite a gap, to assume we are almost 3 times as likely to eschew social responsibility.

    Ah, I see - you're a member of that particular age set. Explains it all.

    While I certainly have no data

    That's quite evident... obvious by the emotional reaction. Not that there's a problem with that, except the fact that people who react emotionally trend towards eschewing logic and reason, although it's worth noting this sort of behavior knows no age limit.

    Why do I get the feeling you're in the "definitely over 25" age group? Hint: It's because paint us with such a broad stroke that clearly you have already dichotomized the world into "you all" (the "adults") and "us" (the "children" - many of whom have mortgages/rents, bills, responsibilities, retirement accounts, careers and credit histories by the way).

    Hey, want to know what's more funny than accusing someone of being "ageist?" Doing so, then going on a 3 paragraph rant in which you A) make assumptions about the person's age, and B) lambast prior generations for perceived wrongs.

    You kids crack me up...



    BTW, yea, I'm definitely over 25, but probably not by nearly as much as you think. It's just that I learned, quite early on, how to not sound like a sniveling little punk when I write responses.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  68. Not to get TOO off-topic, but yes! by King_TJ · · Score: 4, Informative

    The traffic laws are a very sore spot for me as well. The types who go around with a "cops are heroes!" attitude get under my skin, when they actually fall for the propaganda about "we're only issuing tickets because we care about your safety".

    To be honest, I'm a person who has gone my entire life with probably no more than 5 traffic tickets (including a state trooper who cited me for driving 65 in a 55MPH zone on an interstate, back when I was 18 -- and that may have been one of the only really "fair" ones I think I received). So it's not a case of me constantly getting tickets for speeding or reckless driving and having a chip on my shoulder.

    I just see the entire thing as little more than tax collection / revenue generation, under a guise of performing a public service. Any time an excuse can be made to increase the financial penalties for a given violation, they jump on it, regardless of its actual effectiveness. (Just a few weeks ago, I made a road trip from St. Louis to the Chicago area, and I must have gone through at LEAST 10 different "road construction zones" with signs announcing fines would be doubled or tripled for exceeding the posted speed limits. In about 9 out of 10 of those zones, there was no actual construction taking place. In a few cases, I saw a pickup truck with one or two workers at a site, but they appeared to be there only to double-check on some details of work already completed, or ?? It was abundantly clear that there was no pressing reason to slow traffic down from the 65MPH limit to as little as 35MPH (creating big traffic backups) -- and in fact, most people elected to ignore the reduced speed demands because it was so clearly pointless. Still, a cop could easily decide to sit at any one of those work zones and issue BIG $ fines -- and drivers would have no recourse.

    The whole "game" of cops trying to hide so they can catch a speeder is insulting, as well. If they're *really* doing all of this to "protect and serve" as their logo always claims -- wouldn't you think they'd want their police vehicle to be very clearly visible to all of the traffic? Certainly, you wouldn't use an *unmarked* car, where someone might not even be sure they were legitimately being pulled over!

    1. Re:Not to get TOO off-topic, but yes! by Kielistic · · Score: 1

      I have seen a cop doing that in the area where my parents live (in Canada though). Large chunk of highway reduced to 60kmph and a cop hiding on a sideroad pulling everyone over on a Sunday (so absolutely no workers present and no work being done). The only reason I did not get a ticket the two times I drove past that sideroad was because the cop was already writing people up both times. And it was several hours apart the first and second drive by so I can only imagine the amount of tickets that cop wrote.

    2. Re:Not to get TOO off-topic, but yes! by kenshin33 · · Score: 1

      idk about us, but in canada there was a few stories just like you described, it was brought to court and all tickets were canceled (http://www.thetruthaboutcars.com/2009/10/canada-motorists-protest-illegal-work-zone-photo-radar/)

    3. Re:Not to get TOO off-topic, but yes! by Anonymous Coward · · Score: 0

      If they're *really* doing all of this to "protect and serve" as their logo always claims -- wouldn't you think they'd want their police vehicle to be very clearly visible to all of the traffic?

      Nope. If the idea is to make sure that people drive safely below the speed limit, then establishing the principle that there always *might* be a police car there (and therefore you shouldn't speed) is more effective than establishing in a tiny minority of locations that there *is* a police car there (and therefore you shouldn't speed).

      Of course, maximising revenue results in the same behaviour. So you can't really use this behaviour to discern their motivation.

    4. Re:Not to get TOO off-topic, but yes! by Mike+Buddha · · Score: 1

      What's wrong with taxing stupid people for acting stupid on the roads? You don't want to pay the tax, quit driving like a moron. Problem solved. Too much for you?

      --
      by Mike Buddha -- Someday the mountain might get him, but the law never will.
    5. Re:Not to get TOO off-topic, but yes! by RaceProUK · · Score: 1

      It's not the fines that are the problem, it's the fact that they're not issued where it would genuinely improve road safety.

      --
      No colour or religion ever stopped the bullet from a gun
  69. Re:Careful there by CanHasDIY · · Score: 1

    As someone who's not far out of that age group, I get the same feeling.

    My situation, precisely.

    Often I fear for the future of this world, seeing the kind of people our socio/economic/educational climate is generating these days... Part of me feels that I'm just getting to the point where I no longer understand what it's like to be young, dumb, and full of reproductive fluids; however, a larger part is firmly entrenched in the belief that the seemingly rampant ignorance of my youngers is a result of intentional dumbing-down...

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  70. Re:Careful there by girlintraining · · Score: 1

    End result? A stronger federal government contrary to the beliefs and intents of the Founding Fathers. The point of a weak fed was to keep massive government stupidity on a local or state-wide level, not to allow it to infect and infest itself across the entire country.

    The federal government has grown more powerful over the years, which you'd expect -- it is the United States of America afterall. The point of a weak fed wasn't to keep "massive stupidity" at a local level -- it was because the people of that era were terrified of another king in a faraway place telling them how it was going to be, and them having no say. They wanted their autonomy, and felt a weak fed would provide the best security against another run-in with corrupt royalty. "The goverment which governs best, governs least." The founding fathers intent was to have a government that would survive longer than 13 years. We tried a weak fed. It failed. So to balance the concerns of another King trying to run things, they divided the government into three branches, and further subdivided things into the state and the federal government, etc. They figured that the best insurance against another king was to distribute the power with a system of checks and balances so that many people, rather than a few, would have to be "in" on any power grab.

    Also, slavery wasn't an "excuse". For the most part, our country has historically moved towards granting more rights and freedoms to an ever-widening swath of the populace. The only step backwards really was when the 'equal rights' amendment failed to pass, which would have made it illegal to discriminate on the basis of sex. Legally, men and women would have been identical then. Because that didn't happen, the second setback in civil rights occurred: Gay marriage. If there was no legal distinction between men and women, then it would have been a non-event. But for the time being, it seems that discrimination on the basis of sex has not only become more prevalent, but the legal divisions between the two groups has deepened. I'm not sure what this means for the future of the country, but it is definately not part of the overall historical trend of the previous 200 years.

    --
    #fuckbeta #iamslashdot #dicemustdie
  71. Law and Order Episode? by ewieling · · Score: 1

    Law and Order should do an episode where a DUI is being contested. The defense could call a witness who has had a couple of beers and use a handful of breathalyzers from different manufacturers and models to show they all get different results.

    --
    I really shouldn't have used someone else's email address for this account.
  72. Re:Careful there by BronsCon · · Score: 4, Insightful

    My children will be home schooled until they are old enough to understand the importance of education and have learned how to learn on their own. At that point, they will be allowed to decide for themselves whether they want to attend public schools, a private school if I can afford it, or continue home schooling. This is one of many decisions my wife and I discussed and agreed upon *before* deciding to marry; of course, the vast majority of couples who marry don't take the realities of the future into consideration, so decisions like this are set aside "until they have to be made" and one or both parties gives in, not wanting to argue, and the kids end up in an "educational" system that doesn't teach them anything useful (amongst many other "easy way out" decisions that get made when a couple simply can't agree on things), or they end up in a single parent home.

    I barely graduated; not because I didn't understand the material, not because I had no desire to succeed, but because I was spending my time learning things above and beyond what was being taught in the classroom, rather than doing the classwork. I passed tests, I aced midterms and finals, but I was too busy, after having run through the provided textbooks in the first month or so of the class, seeking new material and learning new things that were *not* being taught in class, to waste my time on the classwork. This is a direct resuly of being taught, at a young age, how to learn on my own; and it has been instrumental in my success. The more I think about it, the more I also see a strong correlation between the actual ability to learn independently and the ability and willingness to take responsibility for one's own life and actions. That's what's greatly lacking in the younger generations and, to some extent, ours, as well.

    I know I've touched on several seemingly unrelated topics in this post and most readers are going to think I'm just all over the place. That's fine, all I ask is that you step back and take a look at the big picture, I'm probably not as far out there as you think I am.

    In order for a person to be willing or able to take responsibility for something, they must first understand that thing. In order for someone to understand something, they must be able to learn; if they can only learn when things are explained to them, rather than on their own, then that thing must be explained in terms they already understand. We're breeding generations now that do not know how to learn, do not understand their own actions, and take no responsibility for those actions, or their own lives, as a result. It's a vicious circle that can only get worse, unless those of us who see it happening and are willing and able to take responsibility, who see what's happening, get off our asses and do something about it. That said, I'm not sure what I can do, beyond simply not raising my own kids that way and writing my congresscritters to beg for change; if anyone has any workable ideas, I'd love to hear them.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  73. Re:I for one... by mla_anderson · · Score: 2

    There is no more right to a fair trial in DUI cases. USSC said so a long time ago.

    --
    Sig is on vacation
  74. Re:Careful there by PatDev · · Score: 1

    Ah, I see - you're a member of that particular age set. Explains it all.

    Indeed. Someone went to a public forum and spoke unfairly ill of a demographic to which I belong, to which I have no choice about belonging, and which is fairly apparent to those around me, causing a personal effect on my life when people believe it is appropriate to generalize about that group and apply those generalizations to me. I see little difference between this and the reply "I see - you're a member of that particular race. Explains it all" to someone who accused you of racism.

    Hey, want to know what's more funny than accusing someone of being "ageist?" Doing so, then going on a 3 paragraph rant in which you A) make assumptions about the person's age, and B) lambast prior generations for perceived wrongs.

    While I did make a guess as to your age, none of my arguments were based on it - it was the conclusion, not the assumption. And I never did "lambast prior generations" for anything. If you care to read my comment, I make no claims about the behavior of those older than myself whatsoever.

    Also "a three-paragraph rant" is a particularly dishonest way to characterize one paragraph summarizing a mathematical computation, one paragraph stating (but not arguing, as I do not agree) the views of others, and one paragraph of conclusion - the only one with any emotional content at all.

    You kids crack me up...

    This quote is more insightful than expected. By using this group identifier ("you kids" indicating all of us, even though only I am talking) you are evoking stereotypes of my demographic against me, and simultaneously attempting to attribute my actions in this thread to all of "you kids". Suppose that my actions in this thread are inappropriate - where you crossed the line into ageism is where you assumed that this reflects on the rest of my age group.

  75. That's a joke, right? by Anonymous Coward · · Score: 0

    Since when is what's considered legal actually correct in real world scenarios?

  76. Re:Careful there by shentino · · Score: 1

    Collectively, yes, but not individually.

    Also, considering government corruption I would challenge your given that the people have enough say in who is elected for the democracy to count as representative in the first place.

    So long as I can actually vote for who I want to, that's all well and good. But when you have fiascoes like Diebold and the great Ohio election hack screwing the citizens out of their suffrage it's a completely different ballgame.

    People should speak up more often but faulting them for their silence is hardly reasonable when their proverbial throats have been slit by the system so that they can't complain even if they wanted to.

    See also learned helplessness.

  77. Why? by Murdoch5 · · Score: 1

    A bug is a bug, unless the company at fault can produce evidence that the bugs could not of caused a misread then I think the DUI's should be overturned.

  78. Re:Careful there by PatDev · · Score: 5, Insightful

    Often I fear for the future of this world, seeing the kind of people our socio/economic/educational climate is generating these days... Part of me feels that I'm just getting to the point where I no longer understand what it's like to be young, dumb, and full of reproductive fluids

    CanHasDIY, 2012

    I see no hope for the future of our people if they are dependent on frivolous youth of today, for certainly all youth are reckless beyond words... When I was young, we were taught to be discreet and respectful of elders, but the present youth are exceedingly disrespectful and impatient of restraint"

    Hesiod, 8th century BC

  79. Re:Cost/Benefit by Kaenneth · · Score: 1

    Well, in my state, being arrested (and not even convicted) for DUI means your license is automatically suspended.

  80. Re:Careful there by CanHasDIY · · Score: 1

    Well said;

    cut from the same cloth, you and I.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  81. 4 or more countries top USA in executions in '11 by davidwr · · Score: 3, Informative

    I won't speak to capital punishment rates, since in many US states capital punishment is a de facto life sentence.

    However, America was no higher than 5th in executions per capita in 2011.

    The United States carried out 43 of the world's 676 or more officially-acknowledged executions last year.

    Some countries with higher totals:

    * Iraq - 68
    * Iran - 360 or more
    * Saudi Arabia - 82

    Some smaller countries with higher rates than America:
    * Yemen - 41 or more executions

    Source:

    https://www.amnesty.org/en/news/death-penalty-2011-alarming-levels-executions-few-countries-kill-2012-03-27

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  82. Re:Careful there by CanHasDIY · · Score: 0

    Ah, I see - you're a member of that particular age set. Explains it all.

    Indeed. Someone went to a public forum and spoke unfairly ill of a demographic to which I belong,

    No, you perceive someone spoke unfairly regarding your generation; by your own admission, you lack the dataset to back said perception as fact. Therefore, it is not an unreasonable assumption to believe that you yourself share said opinion, and are posting merely as an overcompensation mechanism in a failed attempt to differentiate yourself from your admittedly inferior peers.

    I see little difference between this and the reply "I see - you're a member of that particular race. Explains it all" to someone who accused you of racism.

    Not surprising, given your previous admission (knowing or otherwise) of general ignorance. Fun fact: The human brain is not fully formed until the 25th year of life, regardless of race.

    Not to mention, when you perceive that someone is stereotyping your generation in a manner you take exception to, would it not stand to reason that exemplifying said stereotype probably isn't the smartest way to go?

    Hey, want to know what's more funny than accusing someone of being "ageist?" Doing so, then going on a 3 paragraph rant in which you A) make assumptions about the person's age, and B) lambast prior generations for perceived wrongs.

    While I did make a guess as to your age, none of my arguments were based on it - it was the conclusion, not the assumption. And I never did "lambast prior generations" for anything. If you care to read my comment, I make no claims about the behavior of those older than myself whatsoever.

    Face it, you made the same generalizations regarding age as you accuse me of. An adult (the definition of which has less to do with age, and more to do with maturity level) would own it and take responsibility (which, ironically, was my base premise). A child would deny it.

    I don't see you owning your words, so, what did you think I would see in terms of your mental acuity?

    Also "a three-paragraph rant" is a particularly dishonest way to characterize one paragraph summarizing a mathematical computation, one paragraph stating (but not arguing, as I do not agree) the views of others, and one paragraph of conclusion - the only one with any emotional content at all.

    Yea, calling them 'paragraphs' would probably be insulting to all the actual writers out there. Sorry 'bout that, linguists!

    You kids crack me up...

    This quote is more insightful than expected. By using this group identifier ("you kids" indicating all of us, even though only I am talking) you are evoking stereotypes of my demographic against me, and simultaneously attempting to attribute my actions in this thread to all of "you kids".

    Yea, and there's absolutely no way that was written purely for the sake of yanking your chain. I mean, who gets on the internet and writes stuff for the sake of fucking with other people? Nobody I know... :D

    Suppose that my actions in this thread are inappropriate - where you crossed the line into ageism is where you assumed that this reflects on the rest of my age group.

    Well, unless you're the AC who made the original post, you put yourself in the firing line when you responded. Seems a perfect time for a Shakespeare quote: "Better to remain silent and be thought a fool, than to open one's mouth and remove all doubt."

    If you can't take the heat, stay the fuck off my lawn.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  83. Re:Careful there by BronsCon · · Score: 1

    The fact is that your actions do reflect on the groups you belong to. They color one's perception of your friends, your family, the company you work for, the city, state, and country you live in, any social clubs you may be a member of, the school you went to, your race, your gender, and, indeed, your age group. Moreso, your actions reflect on humanity, itself. The degree to which your actions reflect on each particular group will vary, based on a number of factors, including, but not limited to: the size of the group, how well known the group is, how disruptive your actions are (disruption can be positive or negative), and how relevant those actions are to the group in question. In this case, since you're entering (starting, but, I digress) a conversation about ageism, your age group is the most prominent group in that list and your actions are quite noticeably disruptive, so they reflect strongly on that group.

    There are exceptions to every rule. In this case, however, you are not the exception. Prove my wrong by comprehending and applying the above lesson. My generation is open to being proven wrong; is yours?

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  84. Re:I for one... by publiclurker · · Score: 1

    Then maybe they should follow the law instead of acting so indignant when they get caught.

  85. Re:Careful there by BronsCon · · Score: 0

    And even so, a valid point was made; though, perhaps, not the point that was intended.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  86. Re:Careful there by BronsCon · · Score: 1

    If you can't take the heat, stay the fuck off my lawn.

    I thought I smelled barbeque! I'll bring the beer!

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  87. Maybe by publiclurker · · Score: 1

    if the only state right in question wasn't the right to enforce slavery, then you might have an idea. As it is, I really doubt it, as you apparently haven't even read the southern explanations.

    1. Re:Maybe by jamstar7 · · Score: 1

      Try the South's attempts to industrialise, countered by the North's attempts to keep that from happening unless the North got a serious cut of the money. The major market for the South's cotton was the textile mills of New England. The North's major market for those textiles was Engladn and Europe. The North didn't want to give up its monopoly. Hint: It worked. The South didn't industrialise until the Reconstruction. Now, all other things being equal, take slavery out of the equation. Without the labor supply or industrialisation, , the South would have been dirt poor, and easy to keep in line

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    2. Re:Maybe by girlintraining · · Score: 2

      Try the South's attempts to industrialise, countered by the North's attempts to keep that from happening unless the North got a serious cut of the money. The major market for the South's cotton was the textile mills of New England. The North's major market for those textiles was Engladn and Europe. The North didn't want to give up its monopoly. Hint: It worked. The South didn't industrialise until the Reconstruction. Now, all other things being equal, take slavery out of the equation. Without the labor supply or industrialisation, , the South would have been dirt poor, and easy to keep in line

      It's been 150 years. They're still dirt poor. Maybe it's because that's the only thing the South has in abundance: Dirt. Well, dirt and a steadfast refusal to change. Meanwhile, in the North, we embraced change, technology, equality.. and now we're busy supporting the South with their shit infrastructure, water shortages, and high rates of unemployment, and corresponding low rates of literacy.

      --
      #fuckbeta #iamslashdot #dicemustdie
  88. Re:Careful there by CanHasDIY · · Score: 0

    Yea, like validation of the omitted portion of my statement.

    I'm consistently amazed at how having access to all the world's knowledge at our fingertips has collectively made our species (at least, appear) less intelligent... thank goodness the internet didn't exist in the 8th century, we'd have never made it this far.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  89. do sociapaths like you.. by publiclurker · · Score: 1

    always think you can do whatever you want and expect everyone else to suffer the consequences?

  90. and why.. by publiclurker · · Score: 1

    is asking a question that puts you in a bad light being intellectually dishonest. The truth of the matter is that it is self-important idiots like you with your delusions of adequacy that are pseudo-intelectually dishonest.

    1. Re:and why.. by Sir_Sri · · Score: 1

      Only if it was clear that the post wasn't particularly rigorous, directed at someone clearly not being intellectually honest, with the criticism by someone who themselves does the same thing.

  91. don't be so two faced by publiclurker · · Score: 1

    if you actually acted like you claim the parent poster should, you'd be too busy being outraged to read slashdot. Sounds a lot more likely that you are upset that everyone else doesn't share your own self-centered goals. I had a four-year old like that.

    1. Re:don't be so two faced by Hatta · · Score: 1

      Really? A functioning justice system where people can successfully challenge flawed evidence to prove their innocence is a "self-centered goal"? WTF is wrong with you?

      --
      Give me Classic Slashdot or give me death!
  92. Re:Cost/Benefit by Anonymous Coward · · Score: 0

    1. Electing Bush

    2. Electing Obama

  93. Re:I for one... by mhajicek · · Score: 1

    You assume guilt. Shame on you. Perhaps you think yourself immune to false accusation.

  94. Re:Careful there by RearNakedChoke · · Score: 1

    I barely graduated; not because I didn't understand the material, not because I had no desire to succeed, but because I was spending my time learning things above and beyond what was being taught in the classroom, rather than doing the classwork. I passed tests, I aced midterms and finals, but I was too busy, after having run through the provided textbooks in the first month or so of the class, seeking new material and learning new things that were *not* being taught in class, to waste my time on the classwork.

    Sigh. Yet another "i sucked at school because I was too smart". You DO realize that if you go "above and beyond" what's taught in class, you should be able to ace what's taught in class? If I'm so smart in kindergarten that I'm working on Calculus instead of learning to count blocks and shapes, I should be able to count blocks and shapes in my sleep.

  95. Re:Careful there by BronsCon · · Score: 1

    You DO realize that if you go "above and beyond" what's taught in class, you should be able to ace what's taught in class

    Right here, in my comment, which you quoted:

    I passed tests, I aced midterms and finals

    Yet another "i sucked at school because I was too smart".

    I didn't do the classwork, not because I couldn't figure it out, but, and this is just the second half of the sentence I referenced inthe above quote:

    but I was too busy, after having run through the provided textbooks in the first month or so of the class, seeking new material and learning new things that were *not* being taught in class, to waste my time on the classwork.

    TL;DR: I do realize that if I go "above and beyond" what's taught in class, I should be able to ace what's taught in class, and, in fact, did. Classwork, which I did not do, however, counts toward the grade, as well.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  96. Re:Careful there by Mr.+Slippery · · Score: 2

    Slavery was only the excuse.

    Sigh. No, slavery was the root cause for the terrorist organization that called itself the Confederacy, by the terrorist's own admission. "Those [non-slaveholding] States have assumed the right of deciding upon the propriety of our domestic institutions; and have denied the rights of property established in fifteen of the States and recognized by the Constitution; they have denounced as sinful the institution of Slavery; they have permitted the open establishment among them of societies, whose avowed object is to disturb the peace...property of the citizens of other States. They have encouraged and assisted thousands of our slaves to leave their homes; and those who remain, have been incited by emissaries, books and pictures to servile insurrection." -- Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina From the Federal Union

    A stronger federal government contrary to the beliefs and intents of the Founding Fathers. The point of a weak fed was to keep massive government stupidity on a local or state-wide level, not to allow it to infect and infest itself across the entire country.

    Double sigh. The whole point of the Constitution was to create a strong federal government, because the weak one of the Articles of Confederation failed. The "original intent" of Federalists like Madison was that the federal government would have more power over things like commerce and taxation than the British Parliament had had.

    And, if you haven't noticed, this whole discussion is about how a state -- not the federal gubbmint -- is doing something in violation of people's rights. This is exactly the sort of behavior where the fed should step in to guarantee that a state respects citizens' due process rights.

    --
    Tom Swiss | the infamous tms | my blog
    You cannot wash away blood with blood
  97. Re:Careful there by Anonymous Coward · · Score: 1

    Perhaps, but unlikely. More likely the reason is, in my own experience, the only people I've ever met who literally do not understand the concept of social responsibility, especially in regards to the American republic, are teenagers

    If that's truly your experience, then you have been truly blessed. Maybe the younger age group has a somewhat higher incidence, but it's really not hard to find evidence for a very significant population of older adults who lack this understanding.

    BTW, yea, I'm definitely over 25, but probably not by nearly as much as you think. It's just that I learned, quite early on, how to not sound like a sniveling little punk when I write responses.

    Odd, I can't find evidence to support this claim.

  98. Re:Careful there by AK+Marc · · Score: 1

    Perhaps, but unlikely. More likely the reason is, in my own experience, the only people I've ever met who literally do not understand the concept of social responsibility, especially in regards to the American republic, are teenagers. Not to say that all people over 25 understand the concept, just that, if there are older folks who don't, I've never met them. Weltanschauung.

    You've ignored the fact that 95% of Slashdot readers are argumentative bastards. He's likely 55 (still living in his mom's basement) and knows the correct answer, but argues anyway because replies to his lies are the only interaction he gets, other than the pizza delivery guy (used to be the chinese delivery place too, but he's banned for life. Don't ask).

  99. Re:Careful there by AK+Marc · · Score: 2

    I simply moved out of the US to a "socialist" place that has lower taxes and better services. Isn't that the American way? Let the consumer decide and vote with their feet.

  100. Re:I for one... by ATMAvatar · · Score: 1

    With the sobriety checkpoints, there isn't even protection from warrant-less searches.

    --
    "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
  101. Re:Cost/Benefit by Anonymous Coward · · Score: 0

    Let's make this a drinking game. When someone posts an example of where Americans gave up freedoms for a bad reason we all drink. I'll start:
    9/11.

    #2: Prohibition, naturally.

    Heading off to get drunk now...

  102. Re:Cost/Benefit by shiftless · · Score: 1

    Not even close to being representative.

    Representative of those who can afford good lawyers, perhaps.

    Try getting a DUI on a public defender budget.

  103. Was the test even needed? by fluffy99 · · Score: 1

    The only reason you get hauled into the police dept and told to blow in the machine is when you've already failed the field sobriety test or are obviously under the influence. The machine is just there confirm the circumstantial evidence. All the prosecutor needs it to have the cop testify that the person appeared under the influence and failed the field sobriety test (another test that generally stands up in court).

    The courts are reluctant to through out the breathalizer for the same reason they won't toss out radar/lidar guns. The know they aren't foolproof but they accept that the false positive rate is very low.

  104. Re:Careful there by Hognoxious · · Score: 1

    Classwork, which I did not do, however, counts toward the grade, as well.

    One of us is clearly dumb here.

    So why didn't you, ummm, do the classwork then?

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  105. Re:Careful there by Hognoxious · · Score: 1

    See, you think you've done something clever here [...] not 'ahead' persay

    Anybody know which law that is?

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  106. Re:I for one... by Anonymous Coward · · Score: 0

    THIS.

  107. Re:4 or more countries top USA in executions in '1 by DrJimbo · · Score: 1

    However, America was no higher than 5th in executions per capita in 2011.

    Well, that makes it perfectly all right then. As long as there are a few countries that are worse then there is nothing for us to worry about.

    --
    We don't see the world as it is, we see it as we are.
    -- Anais Nin
  108. Re:4 or more countries top USA in executions in '1 by Hognoxious · · Score: 1

    See mom, I'm not the dumbest kid on the bus!

    It's not a very long bus, though.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  109. Re:Careful there by Anonymous Coward · · Score: 0

    The people are responsible for anything done by the state, QED.

    .deriving their just powers from the consent of the governed

    it already breaks down at this point, congress approval rating is around 10-15%, that's nowhere near a majority

  110. Re:Careful there by Anonymous Coward · · Score: 0

    One of us is clearly dumb here.

    Yup, you got that one right.

    So why didn't you, ummm, do the classwork then?

    From the post you replied to:

    I passed tests, I aced midterms and finals but I was too busy, after having run through the provided textbooks in the first month or so of the class, seeking new material and learning new things that were *not* being taught in class, to waste my time on the classwork.

    I think we've discovered who the dumb one is.

    Then again, anyone who looked at your past posts wouldn't even need to read the OP to guess correctly.

    Seriously, your posts should include a gallon of brain-bleach for every reader just out of simple human decency. People shouldn't have to waste perfectly-good memory cells on the tripe you post.

  111. Re:Careful there by Hognoxious · · Score: 1

    I passed tests, I aced midterms and finals but I was too busy, after having run through the provided textbooks in the first month or so of the class, seeking new material and learning new things that were *not* being taught in class, to waste my time on the classwork.

    That answers what you were doing instead. It doesn't explain why. If you're such a genius, how come you missed the fact that it'd bring your grade down? Why didn't you grok that sometimes the system sucks but you have to go along with it? Why didn't you make use of the super dooper stuff by taking AP classes?

    I think we've discovered who the dumb one is

    Is it the one who's pretending to be two people?

    Sorry snowflake, RearNakedChoke (1102093) is right on the nail.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  112. Re:I for one... by Zemran · · Score: 1

    The biggest insult is when they put a speed camera on the back of the sign where the speed limit changes. It takes time for a car to slow down safely so any reasonable person would allow a reasonable distance before they expect the traffic to be travelling at the new speed but you will obviously get far more revenue if you put the camera behind the new sign...

    --
    I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
  113. Buggy indeed by Anonymous Coward · · Score: 0

    In 2000 I was at my Brother in laws New year’s party (Deputy Sherriff) , hammered out of my gourd, we all got tested for fun, and I blew 5 greens in a row. My wife, who had not been drinking, but had given me a kiss when the ball dropped, was blowing red.

    Made me glad to be an American.

  114. Re:I for one... by Pope · · Score: 1

    Come to my city, There's a cop sitting in the alley just after a school zone in my neighbourhood regularly. I see people getting pulled over for going over the 40 kmh limit quite a bit.

    --
    It doesn't mean much now, it's built for the future.
  115. Re:I for one... by Thugthrasher · · Score: 1

    This is one area where the cops in my area actually get it right (they normally don't around here). I drive through a school zone every day to get to work and, while annoying, it makes sense because there are always kids walking to the school (school zone is between 730-830). At least once a week, when school is in session, there is at least one cop sitting there.

  116. Re:Careful there by david_thornley · · Score: 1

    That sort of belief is prevalent across all of written history.

    I've always had something of an image of my age cohort as "normal". When I was a teenager, that was normal, and adults were still a bit mysterious. I couldn't tell why they did some things. Now that I'm way out of that age group, I think of people who've been through a whole lot and learned to cope as normal, and teenagers just don't get it. If I were again a teenager, with whatever passes for my current wisdom, I'd do a lot of things a lot differently, and so my idea of being a teenager is mostly that of an adult with a nice new body and lack of responsibility.

    I suspect that my view is rather common, and it leads to elders complaining about the youth of "today" from time immemorial, and being wrong about it.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  117. Re:Careful there by BronsCon · · Score: 1

    That answers what you were doing instead. It doesn't explain why. If you're such a genius, how come you missed the fact that it'd bring your grade down? Why didn't you grok that sometimes the system sucks but you have to go along with it? Why didn't you make use of the super dooper stuff by taking AP classes?

    Why? Because I was more interested in learnig above and beyond the classwork provided than I was in acing the class. I passed and that's all that matters. I didn't miss the fact that I was lowering my grades, I simply didn't care, I knew I would still pass and, again, that's what matters. Further, the system almost always sucks and, by going along with it, you only serve to perpetuate that. Have you looked around lately? And, actually, in high school, when those AP classes were available to me (I was a TAG student on elementary and middle school), I did take them, along with a vocational course, which took 3hr out of my day, which I helped teach, my junior and senior years.

    I think we've discovered who the dumb one is

    Is it the one who's pretending to be two people?

    And who's that? I'm not pretending to be anything.

    Crawl back under your rock. We'll let you know when the system stops sucking and it's safe to come back out.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  118. Re:Careful there by BronsCon · · Score: 1

    Except that, in thise case, "Elders" are barely 5 years older, and that time is very memorable.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  119. we are less than 5% of Saudi Arabia's rate by davidwr · · Score: 1

    I was calling someone out on SEVERELY misrepresenting the facts.

    I don't want someone falsely assuming America kills at the same rate as Iran (America would have to execute 1200 in 2011 to match Iran's rate), Saudi Arabia (would need to be over 900), or Yemen (would need to be over 480).

    43 is a small fraction of these numbers.

    So even if we are 5th, we are a long, long way behind the countries in the top 4.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  120. Hiding police cars by Anonymous Coward · · Score: 0

    If there is a police car for every location where driving fast is dangerous, making them visible is a good strategy. People will slow down when seeing the police car, defusing the danger.

    Now for better or worse, in most potentially dangerous situations no police car is visible for the simple reason that no police car is there. So the most important situation that you want to condition drivers for is the situation of a speed limit without a police car in sight.

    It would be even better if one could condition them on potentially dangerous situations, but people learn mostly from damage, and if the damage is in the form of a speeding ticket rather than killing or maiming yourself and others, it comes cheaper for society.

  121. Re:Careful there by Anonymous Coward · · Score: 0

    In the end, do you really think the south gave half a shit about states' rights? If I remember correctly, they weren't too pleased when the north figured they had the "right" to ignore the Fugitive Slave Act.