Driving While...Hangover?
Driving While Intoxicated Hung-Over…from CrimProf Blog:
In a ruling that expands the legal meaning of "under the influence," a state appeals court Thursday ruled a hangover is also an impairment -- whether it's from drinking alcohol, taking cocaine or other substances.
The judges, in a 3-0 decision, ruled a driver who had taken cocaine but was not intoxicated when police stopped him, was still a danger to other drivers. While the cocaine was no longer active it was the "proximate cause of his impaired behavior," the judges found…
"The potential impact is enormous," said John Tumelty, who represented the driver, David Franchetta, in the case.
"Where do you draw the line? Even though a guy is not high and a drug is not active in the guy's system, if he's tired and sluggish and hung over from previous use, does that makes him under influence? If they say a drug hangover makes you guilty, what about an alcohol hangover?"
Wow. At least this doesn’t apply to Texas DWIs. (Yet.)
When I relate stories about the criminal ‘justice’ system to her, my wife often asks me, “Doesn’t the law have some common sense written into?”
Apparently not.
[Hat Tip: American Tradition]
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