Quoted:
Please point out the flaws in my perfect crimes so I am no longer tempted to put them into execution.
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I'll start w/ the gas station. The receipt would show you pumped on pump #1. Your wife's car pulled away from Pump #2. Video will verify that. Also ought to show your license plate on Pump #1 at the same time as your wife's at #2. For both of you trying to scam them on purpose, instead of just contacting you and asking you to return and pay for it, you'll both likely get arrested and charged with retail theft.
#2... what's the arrest for? By complying with the officer's direction to get back in the car, he would not be subject to a charge of obstructing the police for failing to get back in. However, the (I'm assuming loaded) gun in the car where it's not legal would likely result in the applicable weapons charge, since the officer can articulate that the driver was already operating the car with the weapon where it is found.
#1 the DUI...
Look at it this way: A drunk doing that compared to an absolutely sober person doing that.
The officer would be able to converse with the sober person and observe no signs of intoxication or impairment, since the alcohol would not yet get into the bloodstream and make it to the brain and lungs where it would have an effect or be measurable in blood or breath. The eyes would appear normal, the face not flushed, there would likely be no staggering or swaying, nor would there likely have been bad driving present. The driver would also likely pass the sobriety tests with flying colors since nothing's yet in his system.
A person already drunk, however, can exhibit all the classic indicia of alcohol impairment at the time he exits the car. Even removing the "odor of alcohol" from the evidence due to the driver choosing to chug some in view of the officer, any reasonable adult who's ever experienced drunk people ought to be able to articulate that the driver was impaired at the time he exited the car. Also, the officer could take the alcohol away, wait about five minutes which is more than ample time for any alcohol to evaporate from the mouth, and administer a portable breath test to get an accurate reading of the BAC at time of stop assuming the driver submits to it. The just-consumed alcohol wouldnt' have had the time to get into the bloodstream enough to have any measurable effect in just those few minutes.
Proving it in court probably wouldn't be a problem, based on the testimony of the officer about his observations of the driving, the behavior, the flushed face, staggering, swaying, slurred speech, glassy/bloodshot eyes, disheveled clothing, vomit on the driver's door, etc etc.
because who IN THEIR RIGHT mind would start drinking if pulled over, if they were sober to begin with. On the off chance the driver wins in court... I don't mind. Hopefully the lesson was learned one way or the other. The attorney cost him money, court likely did, too, if he had to take time off work. A driver's license suspension could very well happen also. But the important thing was done: the impaired driver wasnt' allowed to continue on his way after being stopped.
Good scenarios to make you think.
Your turn now:
Open question, no wrong answer, I just want legitimate opinions from anyone reading who'd like to suggest a reasonable answer:
What do YOU think should happen when a police officer stops an impaired driver (impaired whether due to drugs, medication, model airplane glue, alcohol.. whatever)
What do YOU think is the best way to keep people from choosing to drive impaired, if when they get stopped, the police just "take them out from behind the wheel and give them a ride home"
What do YOU think should happen, when an impaired driver blows through a red light at 70 MPH, t-bones a car killing four women: the victim car's three occupants: three high-school aged girls returning home from a night of TeePee-ing houses of football team members just before Homecoming, and also the female passenger from his own car? (I'll give you a hint about what DID happen in the last case) Click
here and
here to read about it.)
Oh, and to you all replying... remember, this is not the General Discussion forum, so keep in mind this forum's rules.