Posted on 12/28/2016 6:15:38 PM PST by Lazamataz
A California man is in the midst of a lengthy legal battle following a driving under the influence charge that was issued almost 18 months ago for operating a car while under the influence of caffeine, reports said. I'm sorry, did we miss something? When did it become illegal to drive after consuming some espresso?
Joseph Schwab, 36, was pulled over on August 5, 2015, by a California Department of Alcoholic Beverage Control agent in an unmarked car who claimed the 36-year-old had cut her off and was driving erratically, The Guardian reported. The agent administered a breathalyzer test which displayed a 0.00% blood alcohol level, according to Schwab's lawyer. After that test, Schwab was put into county jail and had his blood taken for an addition toxicology test. The following report concluded that he had no illegal drugs in his system.
It wasn't until samples were sent to an outside testing facility in Pennsylvania that caffeine showed up as the only drug in Schwab's system when he was arrested, The Guardian reported. Now, just about 18 months later, Schwab and his attorney are gearing up for trial.
(Excerpt) Read more at yahoo.com ...
I didn’t think it was possible to drive without being under the influence of caffeine. (I can make exceptions for drives under 15 minutes.)
Well, I’m screwed.
I have recently spent some time visiting coastal California in the Bay area. I drove through LA to get here coming in from Arizona. I have great friends and family here.
The place is absolutely insane. I do not understand how my friends and my brother have made a life here. I would go postal in about a month. The local politics is even worse than their state and national politics. In some of the coastal communities, after you have zoning and a permit for building a new house and after you have started construction, you then put up height markers and orange fence hoisted on top to show how high your allowed house is going to be while you are building it. That is so that people that didn’t object properly or on time will be afforded more chances and reasons to protest, burn your house construction, sue or otherwise molest the important financial effort of your property use for your family.
There is some insane thing like this I see every few hours.
If they can get a conviction on this the cities,counties and state will have invented a new unstoppable cash cow for the elite and in control lawyers. Just more government of the lawyers, for the lawyers and by the lawyers.
rofl! I came here to say something like that but I cannot improve on an excellent post. You win the internet today.
Why even give a field sobriety test, if you’re automatically going to jail anyway?
I think he should go after her for misuse of authority if this gets cleared up in his favor.
Intellectually they have departed, need to let the physical go.
Which state do you live in? Most likely you have already given your consent to a blood test.
Yeah, like no evidence that any crime was committed.
Ok,well you didn't murder that guy because he is alive, but there are lots of dead bodies we haven't investigated to see if you murdered them.
Insane!
No sh!t.
quit ganging up on us!
We had enough trouble when the Bush Republicans tried to give us to Mexico. And I think they succeeded.
Liberate Occupied California
Evidently they did .
In Florida When you sign your Driver’s License. In fine print there is a “I also consent to.....”
Everyone behind pursuing this case should be drug tested and psycho-analyzed.
California.
Blood test is optional for LEO and they are required to obtain a warrant under probable cause.
Usually the FST results in you blowing into a machine in the field, once again at the transition of custody at the jail and so forth.
This guy agreed to a blood test and there was no need for one, as no probable cause was present.
He kinda screwed himself agreeing to the blood test but, there was no case and prosecution admits they would not prevail on unanimous or preponderance of evidence, so they dropped the case.
Lol. I suggest you read California 23612 before taking your bar exam.
Too easy:
and I really do want to debate you but, it says in the code “IF” he is arrested he has the option of which test to take.
He would not be refusing if he had already complied with a full FST and she believed she had a valid record of his blowing into the machine, not to mention what was recorded audibly and visually.
I have been out of work since August and now have two potential jobs coming up - one is a non permanent consulting gig with a reputable company and one is a full time gig doing what I’ve done for ten years. Because the full time gig is in Cali I’m most likely to take the consulting gig and deal with potential gaps later....because of crap like this.
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