It used to be that DUI citations were given out for actually driving while under the influence of alcohol. Increasingly, they're being given out for simply being "under the influence". This strikes me as a gross violation of civil liberties. Since when did it become illegal to simply have alcohol in your system?
A New Jersey appellate court yesterday upheld the principle that convictions for driving under the influence of alcohol (DUI) can be imposed on individuals who were not driving. David Montalvo, 36, found this out as he responsibly tried to sleep off his intoxication in his GMC pickup truck while safely stopped in the parking lot of the Market Place Deli on a cold February morning last year. At around 5am he awoke to see a Hamburg Police Department patrolman standing over him. The officer had opened the door of Montalvo's truck to rouse the man and insist that he take a breathalyzer test. Montalvo refused.
For his attempt to follow the law and drive responsibly, David Montalvo now owes the city more than $4000, plus legal fees. Punishing people for doing the right thing in an effort to motivate them to do the right thing. I think New Jersey has discovered an entirely new principle of human behavior.
Next up, Rochester New Hampshire. Dover man arrested for taping his DWI investigation
A 48-year-old Chestnut Street man was arrested early this morning for wiretapping for allegedly recording police while they were investigating him for driving while intoxicated.
Police say they were patrolling the downtown area at 2:54 a.m. when they discovered Christopher A. Power of 52 Chestnut St. sitting in the driver's seat of a vehicle with its motor running at the Rochester Common.
After speaking with Power, police began investigating him for driving while intoxicated and arrested him. During the arrest an audio recording device was discovered.
Not only is it apparently illegal to sit in a parked car while alcohol is in your blood, it's also illegal to record police in the performance of their duties.
Err, since when? They work for the public, in the public good. Shouldn't the public be allowed to monitor that that's actually what they're doing? What are the police trying to hide? I thought the government line was that only criminals should be afraid of surveillance. Are the New Hampshire police hiding something?