The Tennessean today reports that yesterday a judge threw out the drunken driving charge against freshman
state Rep. Bill Beck on the basis that the police officer did not have probable cause to pull him over in the first place. Beck was arrested arrested April
17 after the arresting officer said he spotted Beck's pickup truck traveling with two wheels in the turn lane. After the stop,
the officer said Beck had bloodshot eyes, a disheveled appearance and
slurred speech. Am I the only one who thinks that if that had been me, that the case would not have been thrown out. Police arrest people all of time for drunk driving claiming the car was swerving or driving over the line. The arresting officer said Beck was ""absolutely hammered."
Does anyone think maybe there was some special favoritism involved?
As a public service I am reposting tips from the Rod Williams school of drunk driving with an added tip, "Be a state representative or know some real important people."
Tips from the Rod Williams School of Drunk Driving
(1) Don't Drive drunk.
Getting arrested for drunk driving is only one reason not to drive
drunk. The most important reason is you could kill yourself or someone
else. Don’t do it. If you are lucky and don't kill someone or yourself,
getting arrested for drunk driving could cost you your job, your
election, your social standing, custody of your children, or maybe your
marriage.
If you overindulge, there are alternatives to driving drunk. Take a
taxi, get a hotel room, call a friend or family member and ask them to
come get you, if at a friends house and you have had too much to
drink, stay the night.
Use the peer-to-peer livery services like Lyft and Uber. These services are cheep, fast, and convenient. You page a
ride using your phone. To do that you must first download an app. Don't
wait until your drunk to try to download the app.
If you are not going to rely on a commercial service such as a cab or
Uber, and you know you are going to be drinking and you are going with
other people then have a designated driver.
Pick the designated driver before you start drinking. I
prefer being the designated drinker, but someone needs to be the
designated driver.
Having said all of the above however, I know there will be times when a
person will have had too much to drink and not think they are too
drunk to drive but will have had a sufficient amount of adult beverage
that they could register drunk even though they don’t think they are
drunk.
I myself have probably driven many times when I would have registered
drunk had I been stopped. I am not by any means advocating driving
drunk, but if you are driving impaired I am providing these tips to help
you increase your chances of getting home safely without getting
arrested.
(2) Know that you don’t have to be “drunk” to register DUI.
You do not have to be sloppy, falling down drunk to register as DUI. If
you think you should not drive then by all means don’t. Often you will
not know if you are drunk or not however, so
unless you know exactly how much you have had to drink and whether or not that would constitute drunk driving, then assume you are technically drunk.
You do not have to appear intoxicated or have any of the symptoms that
we think of as “drunk” to have a Blood Alcohol Content that legally
makes you guilty of Driving Under the Influence. If you drink and you
drive you have probably driven “drunk.”
(3) Track your consumption and don’t have “one for the road.”
Some people will go out with the intention of getting drunk;
others will accidentally get drunk. If you are having dinner
with friends and you have a pre-dinner cocktail and wine with dinner
and an after dinner drink, you might register drunk. Try to keep your
alcohol consumption to a level that falls below the BAC limit.
On
occasion I like to go to Lower Broadway to listen to live music and
party. If I have 8, 12-ounce beers in a four-hour period I should have a
BAC of about .068, however if I have 9 beers in four hours that means I
have a BAC of .085 and am legally drunk. “One for the road” could put
me over the limit. Actually, I seldom have eight beers in a four hour
period, but it has happened.
A female can drink less than a male and a slender person can drink less than a heavy person.
For a 115 pound female, three glasses of wine in two hours is drunk.
Don’t try to keep up with the other people in your party. Know your
limit. Skip a round. Drink slower. Some people assume that wine is less
inebriating than tequila shots. That is not so.
A 12-ounce beer, 5
ounces of wine, or 1 ounces of 100 proof distilled spirits have the same
impact on an individual's BAC level.
Here is a calculator that will give you guidance on how much alcohol you
can consume and an estimate of BAC. Please be aware that this is only a
guide. If you are drinking on an empty stomach, your BAC may be higher
than indicated in the
calculator.
(4) Point your car in the direction of home.
Plan your trip. A good car should be able to find its way home, with a little help.
Avoid places where the police might see you. When I go to the honkytonk
strip on lower Broadway to party, I never park on Broadway. I live on
the south side of town, so I park a block or two south of Broadway on
one of the one-way streets heading south. This means I do not have to
circle a block and be concerned about traffic lights and stop signs. The
less exposed one is to the police the less chance one has of getting
caught. It is worth parking four or five blocks away to reduce your
exposure.
(5) Be aware that you are impaired. If you didn’t keep track of how much you drank then assume you are "drunk." You may
have had enough to register drunk, so use your best drunk-driving
skills. "Thinking" skills, like perceiving and evaluating risks, or
processing information are not easily visible to outside observers, but
they are the first skills to be adversely affected by alcohol. Being aware
will cause you to compensate.
(6) Stop the Party. You are having a good time. You are joking and singing and laughing. You hate
to end the party, but if there is
any chance that you are driving with an elevated BAC, then
stop the party.
Say, “OK folks, we need to straighten up. I need your help in getting
us home.” Don’t sing or engage in distracting conversation. Turn off
the radio. Don’t talk on the cell phone.
Give driving your undivided attention.
Don’t let anyone in the car have an open container. You may be
perfectly capable of driving, but if a drunk passenger is yelling out
the window, the police may stop the car and give you a drunk driving
test.
The moment you get in the car the party is over.
(7) Check the checklist. Have a mental checklist. You don’t want
to get stopped because you failed to use your turn signal. I was once
stopped by the police on lower Broadway and forced to take a
Breathalyzer. I knew I had only had two beers in a two-hour period so I
was not concerned. The reason they stopped me is that I had not tuned
on my headlights as I pulled out into the street. The downtown area is
well lit and this was just an oversight.
The police are looking for excuses to stop you; don’t give them one. Seat belts? Check. Adjust the mirror? Check. Turn off the radio? Check. Turn on the headlights? Check.
(8) Concentrate; pay attention.
Be aware of your driving. Don’t relax. Keep both hands on the wheel.
Don’t be distracted. Don't answer the phone. If you feel you must answer
the phone, safely pull off the road. Don't even engage in
conversation. Make sure you do not weave. Are you staying within the
lines? Drive just below the speed limit. Don’t tailgate. Pay attention
to the car in front of you. If they put on their brakes, notice it. If
you are approaching an intersection with a traffic light, pay close
attention.
Plan that traffic light stop. Don’t run a yellow light.
(9) Use your co-pilot.
Ask the person in the passengers seat to help you drive. Ask them to
tell you if you weave or tailgate or go too fast. Make them pay
attention to your driving.
(10) If you get stopped. Unless you are certain that you have had
less than the number of drinks it would take to raise your BAC level to
the .08 level, then common wisdom holds that it is a good idea to
refuse the breathalyzer test. It generally is more difficult to convict
a driver of drunk driving if no chemical tests are taken.
(11) Use your influence to get the charge thrown out. Be a State Representative or other person with important friends who can get a judge to throw out the charge based on lack of probable cause for making the stop. Despite the police seeing you drive with wheels over the lane line and observing the smell of alcohol, slurred speech, and inability to walk strait and a despite the arresting officer saying you were "absolutely hammered," the judge may rule the arresting officer did not have probable cause for making the stop. (
link)
This is an additional tip suggested by a student of the Rod Williams School of Drunk Driving.
(12) If you are seeing double, close one eye.
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