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Bye-bye to zero toleranceFollow

#1 Oct 19 2005 at 8:53 AM Rating: Good
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I am so glad they're repealing this. Why, a girl couldn't even take a shot of whiskey on her way out the door fo fear of being arrested! Smiley: lol

The Washington Post wrote:
The D.C. Council voted yesterday to relax the city's "zero tolerance" drunken driving law, which allows drivers to be prosecuted for minimal amounts of alcohol in the bloodstream.

D.C. law gives police the authority to arrest drivers with blood alcohol levels above .01 but below .08, the level at which a driver is considered legally intoxicated in the District.

The council voted 9 to 3 for emergency legislation under which drivers with less than .05 blood alcohol would be presumed to be not intoxicated. Mayor Anthony A. Williams (D), who called the bill "hastily written,'' has 10 days to decide whether to veto it.

Council members introduced the measure after news reports highlighted cases in which drivers were arrested after drinking as little as a glass of wine. Members said they were worried about a drop-off in business for District bars and restaurants and concerned that the city's law was becoming a national joke.

"D.C. is once again open for business," said council member Carol Schwartz (R-At Large), principal author of the legislation. She said visitors "can come in and have a glass of wine and not be harassed or intimidated."

The changes would place alcohol levels from .05 to .079 in a "neutral zone" that would require other factors, such as sobriety field tests, to establish a driver's impairment. The changes would bring District law in line with that of Virginia, Maryland and other states.

Three members voted against the measure, saying it was put together hastily and would not address the core problem of police officers' abusing their discretion.

"We are only addressing what happens in court," said council member Kathy Patterson (D-Ward 3), who voted against the measure. She said the key problem is officer training.

Also voting against the emergency measure were council members Phil Mendelson (D-At Large) and Sharon Ambrose (D-Ward 6). Mendelson said the council was rushing through complex legislation that might create more problems than it fixes; Ambrose said she was not convinced that the problem was so severe and widespread that it needed immediate action.

If Williams approves the temporary legislation, it will be in effect for 90 days. The council must act again to make the changes permanent.

Council member Marion Barry (D-Ward 8), one of the measure's co-sponsors, was absent.

Before yesterday's vote, Williams wrote the council a letter in which he questioned the need to change the law and said police are "not unfairly targeting drivers who have a drink at dinner." After the vote, he issued a statement that criticized the council's action.

Williams noted that six people in the District died last year in alcohol-related crashes in which the driver's blood alcohol level was less than .08.

"The fact that people are dying on the road is reason enough for us to think long and hard about undoing years of federal and local public safety messages that stress: 'Don't Drink and Drive,' " Williams wrote.

Council member Jim Graham (D-Ward 1), whose district includes bars and restaurants in Adams Morgan and along U Street NW, said the council's action was urgently needed.

"We need to send a clear and unequivocal message that you can come to the District of Columbia, have a drink and not end up in the slammer," Graham said.

Schwartz said her office has been inundated with calls, letters and e-mails since The Washington Post published the story last week of Debra Bolton, a 45-year-old energy lawyer and single mother of two, who was arrested in the District and spent five months fighting a charge of driving under the influence after drinking one glass of wine with dinner. Her blood alcohol level was .03.

Members said they are concerned that the story was making headlines across the country and portraying the District as the last refuge of Prohibition. Ambrose said she attended a wedding in Maine this weekend and was teased about it. Council member Vincent B. Orange Sr. (D-Ward 5) said participants at a recent business meeting were jokingly warned not to have a glass of wine lest they be carted away.

"The press is killing us," Orange said.


Linky
#2 Oct 19 2005 at 10:48 AM Rating: Decent
I love SF.

The only sure way to get pulled over is to drive sober.

#3 Oct 19 2005 at 10:49 AM Rating: Good
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18,463 posts
Prince pickleprince wrote:
I love SF.

The only sure way to get pulled over is to drive sober.

You know, I used to like SF but the weather and the left-wing liberals did me in.
#4 Oct 19 2005 at 10:51 AM Rating: Good
Nawluns used to be like that, but these days you can get yer butt whipped when you haven't had a drink in 25 years.










Unless you're as lily white as I am. TY crappy warehouse lighting, TY.
#5 Oct 19 2005 at 10:54 AM Rating: Excellent
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1,863 posts
The recent news story that comes to mind is about a woman who was pulled over in DC after leaving a restaurant. She was stopped because she didn't have her headlights on (a valet apparently turned off the automatic lights). The officer who pulled her over asked if she had "anything" to drink. When she responded that she'd had a glass of wine, he informed her that in DC, you can be arrested with 0.1 BAC -- even though you aren't legally drunk until 0.8, I believe.

She gave the cop some attitude, and the cop leveraged a little-known law to hassle her for it. Her story gets some screentime, and so changes are occuring.


I'm generally against zero tolerance laws. They definitely do what they need to do, but there are all too many asinine stories about non-offenders being nailed by the letter of the law.

I suppose at heart I fear completely automatic processes when it comes to the application of justice. I much prefer when humans beings are involved somewhere - I mean, when they actually take note of what's going on and think about the actions being taken, rather than hiding under the blanket "our hands our tied, this is what we have to do, blah blah we don't actually think anymore" statement.
#6 Oct 19 2005 at 12:53 PM Rating: Decent
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19,369 posts
Drink all you want Flea. I'll take you home. Smiley: sly
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