i agree. they probably had ran his plates and due to already having 2 dwi’s, felt that his driving across the centerline, was enough to say hello. i agree! and then to find out he was over the limit?! what else could the judge do! this was one way that the defendant was trying to get out of STRIKE 3! many states, it’s a lifetime revoked license. it should be jailtime for a long time this time.
how can someone be driving at 1:30 am cross the center line and a cop say hey we should check this guy out and the appeals court say they had no reason to pull him over? is there no common sense in the appeals court in Wisconson? I find it funny how hard people who are guilty will fight to not be guilty but never stop and say hey which costs less a cab or a lawyer?
There is no defending this guy but I’d be careful what you wish for. Seems probable cause is a thing of the past and that doctrine is now being re-affirmed by the Courts. No knock warrants are a real problem in my home State. Of course it has been long established here that Police can pull over any vehicle at anytime for any or no reason at all.
The good news is the court got the decision right. The bad news is that the DUI counts will continue to mount since our pathetically flawed legal system lacks the guts to pull his license for life. Without a significant consequence the DUI problem will continue. License suspension/revocation coupled with impoundment of ANY vehicle the drunk is caught driving is the only way to make the point.
Hey, Fred, think jurisdiction. DUI laws vary state to state, as do the penalties per offense; heck, some states still use the archaic “DWI” moniker! Scott’s observation seems appropriate.
I totally agree that the system should not be letting these folks off. I was wondering what State (or jurisdiction) can pull over without probable cause.
This guy crossed the line at 1:30 am that is enough for me, even if he didn’t and the cop ran the plate and saw previous DUI’s, that should be enough probable cause.
The Irish have a somewhat well-deserved reputation for hitting the bottle. But NO ONE drives after tipping a few except tourists because of the fines and auto impoundment. Even rentals are confiscated…
I live in WI. We do have suspension, revocation, impoundment, anti-lock, jail and other deterrents. However until recently there was no jail requirement until after a 3rd or sometimes 4th offense. Our small town paper is filled with the court records, and 80-90% is related to DUI offenses, many of them 3rd or more offenses.
I’m not normally in line with with the WI Supreme Court here, but in this case they got it right!
If you think pulling a problem drinker’s license for life will do the trick, you’re mistaken. All you have to do is check the number of DUI infractions coupled with license suspensions. These types of severe cases won’t stop unless states start mandating serious counseling and/or rehab.
Many, I agree pulling a piece of paper won’t do much, but coupled with impounding and selling ANY vehicle the drunk is caught driving might cause some change. Since these menaces can’t control themselves, society needs to step up and do something to get them off the road.
Besides pulling the drivers license they can pull the plates. You should not be allowed to get or renew license plates without a valid drivers license. Further, if caught driving someone elses vehicle, if not stolen, then the vehicle owner should have some responsibility.
If you are convicted and then qualify for a driving permit, the trade off should be a branded license plate which allows law enformencement to pull you over without probably cause just to verify you are sober. If you don’t like it then don’t take the driving permit.
I think the police were right in pulling this guy over. If he wasn’t drunk, he probably wouldn’t have even gotten a ticket. You can drive out of your lane by reaching for something dropped, etc. What if this guy was having a medical issue? How would the cops know what was going on unless they stopped him?
Jones has it right. If the guy was sober he probably would not have received a ticket. People accidently cross lines some times for innocent reasons but the cop was right to check. I dodged a guy yesterday at 11:30 AM, but I watch out because of cell phones by day and drunks by night. In our state you get a nice solid yellow license plate after a few DUI convictions. I think it is considered to be probable cause. They confiscate cars, too, but the drunks buy $100 cars to drive while they are drinking.
Left of center at 1:30 am…No Way can this person blow over legal….No Way. Just glad he was caught before he drove into my lane.
i agree. they probably had ran his plates and due to already having 2 dwi’s, felt that his driving across the centerline, was enough to say hello. i agree! and then to find out he was over the limit?! what else could the judge do! this was one way that the defendant was trying to get out of STRIKE 3! many states, it’s a lifetime revoked license. it should be jailtime for a long time this time.
how can someone be driving at 1:30 am cross the center line and a cop say hey we should check this guy out and the appeals court say they had no reason to pull him over? is there no common sense in the appeals court in Wisconson? I find it funny how hard people who are guilty will fight to not be guilty but never stop and say hey which costs less a cab or a lawyer?
There is no defending this guy but I’d be careful what you wish for. Seems probable cause is a thing of the past and that doctrine is now being re-affirmed by the Courts. No knock warrants are a real problem in my home State. Of course it has been long established here that Police can pull over any vehicle at anytime for any or no reason at all.
The good news is the court got the decision right. The bad news is that the DUI counts will continue to mount since our pathetically flawed legal system lacks the guts to pull his license for life. Without a significant consequence the DUI problem will continue. License suspension/revocation coupled with impoundment of ANY vehicle the drunk is caught driving is the only way to make the point.
What state are you in Scott?
This still the United States
Hey, Fred, think jurisdiction. DUI laws vary state to state, as do the penalties per offense; heck, some states still use the archaic “DWI” moniker! Scott’s observation seems appropriate.
I totally agree that the system should not be letting these folks off. I was wondering what State (or jurisdiction) can pull over without probable cause.
This guy crossed the line at 1:30 am that is enough for me, even if he didn’t and the cop ran the plate and saw previous DUI’s, that should be enough probable cause.
The Irish have a somewhat well-deserved reputation for hitting the bottle. But NO ONE drives after tipping a few except tourists because of the fines and auto impoundment. Even rentals are confiscated…
I live in WI. We do have suspension, revocation, impoundment, anti-lock, jail and other deterrents. However until recently there was no jail requirement until after a 3rd or sometimes 4th offense. Our small town paper is filled with the court records, and 80-90% is related to DUI offenses, many of them 3rd or more offenses.
I’m not normally in line with with the WI Supreme Court here, but in this case they got it right!
If you think pulling a problem drinker’s license for life will do the trick, you’re mistaken. All you have to do is check the number of DUI infractions coupled with license suspensions. These types of severe cases won’t stop unless states start mandating serious counseling and/or rehab.
Many, I agree pulling a piece of paper won’t do much, but coupled with impounding and selling ANY vehicle the drunk is caught driving might cause some change. Since these menaces can’t control themselves, society needs to step up and do something to get them off the road.
Besides pulling the drivers license they can pull the plates. You should not be allowed to get or renew license plates without a valid drivers license. Further, if caught driving someone elses vehicle, if not stolen, then the vehicle owner should have some responsibility.
If you are convicted and then qualify for a driving permit, the trade off should be a branded license plate which allows law enformencement to pull you over without probably cause just to verify you are sober. If you don’t like it then don’t take the driving permit.
I think the police were right in pulling this guy over. If he wasn’t drunk, he probably wouldn’t have even gotten a ticket. You can drive out of your lane by reaching for something dropped, etc. What if this guy was having a medical issue? How would the cops know what was going on unless they stopped him?
Glad the court did the right thing.
Repeat offenders should receive mandatory jail time, then rehab & counseling funded by the sale of their vehicle.
Jones has it right. If the guy was sober he probably would not have received a ticket. People accidently cross lines some times for innocent reasons but the cop was right to check. I dodged a guy yesterday at 11:30 AM, but I watch out because of cell phones by day and drunks by night. In our state you get a nice solid yellow license plate after a few DUI convictions. I think it is considered to be probable cause. They confiscate cars, too, but the drunks buy $100 cars to drive while they are drinking.