Texas arresting people in bars for being drunk

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Many times law enforcement will turn a blind eye to infractions if it will hurt the government economically.



Isn't that a bad thing. Uphold the law, no matter who it hurts. The chief of police gets a DUI, nail him. A fellow police officer beats his wife, throw him in jail.



Nope, doesn't happen.



Both incidences happened in my town. One of the two, after the wife was beaten, she was found dead. Fortunatly he was at work when it happened so I know it is impossible for him to have commited it...right? The same woman that was beat gets killed.



Good point though Nelson. Arrest all those partiers at Spring Break. They are not immune to the PI laws. Girls showing thier boobs is breaking the Public Indecency law. They need arrested to.



Give me a break.





Tom
 
Well, we disagree on that one Tom. If I can go on the beach without a top, why shouldn't a woman be allowed? Sounds like a double standard to me. :D
 
Actually, I think it should be a federal crime for women to walk around wih a top on. LOL





Tom
 
Caymen,

I think the police/TABC crackdwon on public intoxication was specifically timed to occurr just before spring break. Again, like a warning shot over their bow, that if they drink to excess they may be arrested.



But even if they don't make any arrests during spring break does not mean police or government are making it an economic issue. It's impossible for the police to be everywhere and see every law that is broken. Police and authorities in all states have various crackdowns targeted to enforce a specific law or several related laws.



Only a few weeks before the police/TABC started making arrests in bars, the police did a crackdown on 8-Liners (slot machines) throughout the state. On holiday weekends, they is usually a push to catch speeders, drunk drivers, or people who are not wearing seatbelts, etc.



On most days, the police are trying to catch the murderes, robbers, etc, that's why they cannot always catch everyone for every violation that occurs. We could never have enough police to do that, and I don't think we would like the picture of America as a Police state.



Most countries in Europe have far few police per capita then we have in the USA. Many of those contries have gone to using video cameras to monitor the streets of their cities. That's where the "Photo cop radar" came from and is starting to spread in the US. Germany used camera equiped radar units nearly 40 years ago, and they also had cameras monitoring traffic lights. Run a red light or drive too fast and you can get a ticket along with your photo in the mail. Here we would whine and cry that someone else was driving the car when it ran the light, etc, but that doesn't matter over there. If the vehicle is registered in your name, YOU GET THE TICKET. I would also like to add that the fines are about twice as much as they are in the states for the same violation. I hear their theory is, that there are so few police that if you got caught, you likely did it many times before without getting caught, so your fine will make up for the times you did it and didn't get caught. :wacko:



In Germany, a police officer can stop you, ticket you, and fine you up to $50 DM ( now the Euro equivelant) on the spot for minor infractions. No court, No judge, No jury, Just pay up and walk away. It's not so different then our system, it's just who you pay the money to. Can you imagine how that would go over here in the states. The police don't just pick an amount off the tops of their heads, they have little books that define the specific fine for any violation. I never got a ticket from the Germany police, so I can't tell you how the process goes if you want to plead Not Guilty, or if it is even possible.



...Rich
 
FYI: In NY state it is LEGAL for a woman to go topless in public. A rather recent (last 10 years or so) anti-discrimination lawsuit in a Rochester suburb set the precedent, and the lawsuit claimed that if it is okay for a man to go shirtless, why not a woman? The courts agreed, tit-for-tat! ;)



TJR
 
Kefguy, your vote is counted. You are another one that agrees with the PI law, as long as footnotes are added that says those arrested have to be disturbing the peace, committing some other crime, or be a clear and present danger to themselves or others. Now, go lobby the lawmakers.



I just hope that those that feel the way you and Caymen do don't also one day feel compelled to sue someone, if, God forbid, someone they love gets killed by a drunk driver because law enforcement just didn't happen to be at the right place and the right time to take the drunk driver off the road AS he was committing the crime. I hope that they remember that nabbing the drunk a-hole while still in the bar could have avoided the whole thing.



And, you know, if all states would start doing this, what is the worst that would happen? A few hundred arrests over a few months, then people would recognize...HEY, I guess I can't drink to a drunken state at a bar.



Is that really so bad?



TJR
 
TJR,



Since you are in law enforcement, I have a question for you.



Of all the people you have arrested for drunk driving, what percent was flat out hammered compared to those that had a buzz going?





Tom
 
Caymen, I am not in law enforcement, and I am sure I never said I was nor did I ever mean to imply that I was.



But, your question when directed to someone in law enforcement seems moot to me.



Why? Because it is my understanding that to be "arrested" for drunk driving (or DUI) you would have to have failed a breathalyzer or blood alchol test. Since most police carry the breathalyzers, I assume they don't actually "arrest" someone with the charge of DUI unless they have the proof in hand; and with that evidence, a person's outward appearance as it relates to being "hammered", or "having a buzz going" isn't really of any particular importance.



Put another way, if over the legal limit, it really doesn't matter if a person behind the wheel looks or acts drunk, or even they do or don't look or act impaired. It's not about behavior, actions, or abilities at this point, but pure, clean SCIENCE (blood alchohol level). And, maybe that is one of the reasons you don't like the laws, because the take the subjective, human aspect out of the equation. Maybe you think that if someone can seemingly drive well with several under there belt, than that is okay, they should be the judge and as long as they haven't hurt anyone, no law has been broken. But, I am not of that opinion.



And, the reason I am not of that opinion is because alcohol alters your mental abilities as much as your physical. And many people who are drunk make bad choices, ones that they wouldn't make sober. I don't want the laws to only punish those that do bad things when drunk, but to actually try to remove the drunk elements from public, before they can do harm...because they just can't be trusted at that point.



TJR
 
TJR,

There was a recent TV show where women were paide to walk around New York City topless, while the people on the streets were video taped for their reaction. :rolleyes:



It apears that it may be illegal to go out topless in the State of New York, it is not illegal in New York City !!! The film crew that were taping the topless women had documented proof that it was not illegal. When the police would swoop in to arrest the young ladies, they would say that going topless in New York was illegal. Then the production crew would inform the police that it was not illegal and had some paper documents to prove that there was no law agianst going topless in public in New York City.



...Rich
 
I saw the same thing, RichardL, and they even quoted in that same program the little known legislation from the Rochester, NY area that made it legal for women to go topless in ALL of NY state.



And, I was in college around the time that lawsuit was in the local Rochester courts. It's statewide in NY. Bare them if you got them ladies.
 
Caymen, I am not in law enforcement, and I am sure I never said I was nor did I ever mean to imply that I was.



I was almost sure in some prior messages some years back, I thought you said you were an officer. I guess I am confusing you with someone else. Sorry about that.



The reason I asked about arresting someone for a DUI that is flat out F'ed up and just buzzed actually is a good point. It seems as the TABC is targeting those that are F'ed up and not the ones that are just buzzed. If those that are F'ed up are the ones being arrested but those are the ones that are never arrested for DUI, then how is enforcing the PI law going to help curtail DUI's?



Take for example, in my field of work. If I find that at a certain plant, all the bad welds I find are located in a certain area, I will make sure I inspect that area a little closer since it is a known problem area.



If those that are arrested for DUI are just buzzed and not hammered, but the TABC is arresting those that are hammered, are they addressing the situation or just exploiting it for money?





Tom
 
Caymen,

I don't think you can compare the TABC's actions with inspecting welds ???



Currently there is no proof that arresting people for public intoxication in bars will reduce the number of DUI drivers, yet! The jury is still out on that.



Whether arresting people for PI in bars will reduce the DUI Driving incidents is only speculation on the police and TABC, but I feel it's probably a fairly accurate speculation.



The police and TABC, at the request of local politicians, are still gathering those statistics. I don't know when the PI crackdown will end, or when the statistics will be released that will indicate either way, if the number of DUI Driving incidents were actually reduced or not.



...Rich
 
Actually, you can compare the two. You just choose not to see what I am saying because you failed to read past the word "weld".



If something is causing a problem, you find the cause of that problem and address it from there.



So, when I said weld, I am saying this.



If there is a known problem with a weld in a certain location (75% of those arrested for drunk driving are straight up "F'ed up") then when inspecting those welds in that location, you pay close attention to the area to check, double check, and triple check those welds. (the Police will pay close attention to intercept the people the is "F'ed up" before they drive in and attempt to save a life)



If those that are arrested for DUI's, or involved in serious accidents, are those that are just buzzed, but you are targeting those that are "F'ed up", you arent finding the answer. Or if the weld I am inspecting is always bad in one area, but I ignore that area but pay really close attention to area's that are always good, I am not trying to find anything.



I know it is hard to understand and you will argue for sake of argument because you can not see past the word weld, then the conversation between you and I here will be ended because you will not allow yourself to see anything past your ideals and that is all.





Tom
 
TJR,



You are another one that agrees with the PI law, as long as footnotes are added that says those arrested have to be disturbing the peace, committing some other crime, or be a clear and present danger to themselves or others.



Uh, no, not quite. There's no need for footnotes. As far as I can see, it's already in the law:



A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.



All persons are presumed innocent and no person may be convicted of an offense unless each element of the offense is proven beyond a reasonable doubt.



So tell me again how a person with a DD is a danger? Or a person without a car? Or a person renting a room in the same hotel as the bar? You've pointed out that they still got a ticket.



The only way that I can see the TABC meeting the letter of this law is that they are "pre-supposing" the danger that an intoxicated person is to themselves or others. And that's the part I have a problem with. What the hell happened to Probable Cause? That's part of the system of law in Texas and the rest of the country y'know.
 
kefguy,



Havent you realized it yet. It is not about safety, it is about money. Arrest a guy having a good time, you know he will respect the officer and set himself straight. I am sure he would be happy to get his birthday ruined that way. He should be happy the police are keeping the streets safe. We know the real criminals are not the drug dealers, prostitutes, murders, rapists, and other "petty crime".



Is is those hardcore criminals like drunk guys that are the big problem in society. Lock em up and throw away the key. Heck give them the chair. They deserve it for drinking a legal substance, but getting intoxicated from it. I would much rather have my neighbor as a murderer then a drunk. I would feel so much better.



Maybe we need to pass a law the requires drunks identify where they live like Sex Offenders do. Make the streets safer.



"Sorry sir, we are unable to dispach and officer to your location of a break-in. All of our officers are busy at the moment arresting drunks. I hope you understand the severity PI is compared to burglery."





Tom
 
Caymen,

I did read your welding scenario and reread your reply, and I understood what you are trying to say the first time. However I stand by my original statement, "You cannot compare welding inspections to arresting PI and drunk drivers.



Yiour welding inspection would be much different if there were defective welds coming from Texas. You don't know everyone who does welding in Texas but you know for some companies where a lot of welding is done. You go to companies where you know people are welding and conduct inspections. You will then compare the results of your inspections and discrepancies, and see if the welding in Texas improved, got worse, or stayed the same.



Why your welding scenario does not fit.

You know were all the welding is done at a plant, and you have access to all areas to find the exact source of the flaw. You know where the welding is being done and go there to find the source of the problem.



The problem: A high number of drunk driving incident in Texas.

The cause" Too many people drinking excessively.

Possible solution: Reduce the intoxicated population by using the existing Public Intoxication laws to arrest them in places where a large number of people gather to drink. If a large number of these public places are monitored over a period of time, there should be a corrosponding reduction in the number of DUI incidents during that same period. If there is not reduction in DUI incidents, then that approach was not sucessful.



The police know of many places were people may be drinking and getting intoxicated. but they cannot possibly monitor or inspect all the locations. Some of them are private, some are public. So the most logical solution is go to public places such as bars, where people drink, and you will likely find a large number of people who are intoxicated.



If you don't care to respond, I don't care. I do find it childish to debate a subject, poorly and then when nobody agrees with you, you want to quit the discussion.



When ever I have been wrong about something I will openly admit it, however when there is a difference of opinion on some subject, you will have to convince me you are right, and you and kefguy have not even come close to doin that.



You and kefguy keep bringing up issues related to convictions or proving the person was a danger to themselves or others, or what evidence is there that these people where going to get behind a wheel of car.



I repeat. There is no evidence that they were intending to drive, but they were not arrested or charged with DWI, conspiracy or intent to DWI. Will the judge require the police to prove the person arrested presented a danger? If the judge feels the endangement issue is part of the charges, then he will require the police to prove it, if not he won't. Dispite his great legal mind, kefguy will not be called to make a ruling and the judge will not ask kefguy for his legal interpretation of the law.



All I am saying and many others are saying is that the ticketing or arresting for PI is perfectly legal. In the eyes of the police, the people were obviously intoxicated and the reason they were ticketed or arrested.



My guess is If the statistics show a noticable reduction in DWI incidents in the areas where the police made the PI arrests, we will see a lot more of these crackdowns, Even if there are no convictions. Typically, as in most situations like this in Texas, there will probably be some adjustments, wording or clarifications made in the law, just so there is no confusion that PI in a bar is ilegal and will be enforced. If there were no noticable difference in the DWI incidents, the police and the TABC will probably look at other solutions.



...Rich
 
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Oh I know, Tom. TJR keeps poking at us about the legality of this law, and I was just poking back at him with the same stick. :p



I use to deal directly with high-level bureaucracies and government agencies on a daily basis. There's always the "official" line and the public agenda, and then there's the behind-the-scenes reasons. In my mind, it's not just about direct revenues from the fines, though that's a factor, I'm sure. This thing is also about getting a bigger budget from the state in the next fiscal year - "Hey, look what we did with our current budget. Just think about what we can do with more." It's about building a bigger TABC rice bowl - I think the TABC commission is getting a little tired of shuffling liquor licenses and busting under-age drinkers, and want to expand their charter and scope of operations. It might even be about getting the TABC commissioner elected as the state Attorney General, at some point (he's a lawyer).
 
RichardL,



What does the welds coming from Texas have anything to do with my scenerio? Nothing. Thats what. Drunk Driving is a problem in all 50 states, not just Texas, so that would be a "moot" point since everyone likes to use that term.



Since you want Texas involved, we will go that route.



<I><B>"A long time ago, in a land called Texas, there were a bunch of welders. 90% of the welds that failed were by a Texan nicknamed Tex. Tex could be compared by a guy that was known to drink two beers every day at the local pub. Another man, but the name of Pedro was known at the local bar as "Mr. Trashed". Pedro would drink to a stooper everyday, but his welds hardly ever failed.



Low and behold, the weld inspection police found a bunch of welds bad from Tex. It was decided that if they target guys like Pedro, they will help prevent bad welds from Tex."</B></I>



Since the setting is Texas, that is covered. It covers two, of many, races that live in Texas. First one is a true Texan. He is so texan, he is called Tex for short. The other, a Hispanic from Mexico is named Pedro.



Hopefully it will help you now understand that this pertains to Texas.





Tom
 
keIfguy,

I have never seen the TABC commission position on a Texas ballot, so I don't think it's an elected position. I suspect that it is filled by an appointment from the Governor.



Yes, the TABC may be trying to get a bigger piece of the budget pie, but then there is the ugly statistic that shows Texas as the leading state in DWI incidents. I'm sure that statistic is getting a lot of attention from the Governor and other State officials. That alone would prompt him to take some kind of visible action otherwise maintaining status-quo could get him fired. He may be incompetent, but thus far, it appears he has done nothing illegal.



...Rich
 
Caymen,

First of all your scenario of Tex and Pedro being drunk and one can weld better than the other even when drunk, is again not the issue of the arrest in Texas. The fact that Tex did the bad welds does not excuse Pedro. The law/employer have rules that people are not allowed to be intoxicated at work or public places. Those rules are there to insure accuracy, clear thinking, quality work, and because of safety issues !!



If the inspector found that Tex and Pedro were drunk every day, they would both be fired and the 90% of bad welds made by Tex would have been drastically reduced.



In my opinion the problem was employees drinking period. Just firing Tex is no different than arresting one drunk driver because he was involved in an incident and letting the others continue to drive drunk until they are involved in a incident. The whole point of the TABC action was to prevent DWI incidents. If you wait until the DWI incident occurs, you're too late and you have done nothing to reduce the incidents. That's exactly what has been done in the past, and that is why Texas has the most DWI incidents.



I chose to use Texas because the arrest that you and others are objecting to occured in Texas. But using Texas keeps the size and scope of the problem in the same respective. Anyone in Texas could be a potential target of a PI arrest. Since the drinkers in Texas do not wear signs that would alert police to a potential drunk driver.



Your senario would only arrest drunk drivers if they were involved in an accident (Tex), but if the police could not stop Pedro unless he was involved in an incident. That's what Texas is trying to reduce is the DWI incidents. The only way to do that is stop the drunks from getting behind the wheel buy arresting them for PI.



Employers have rules against people coming to work intoxicated. In fact I worked for a hospital that could fire you if your blood alcohol was found to be over 0.00 You did not have to do anything wrong. A lady who worked for me was in an elevator with one of the VP's of the hospital and when the elevator stopped with a jolt, a ceiling panel fell and hit her in the forhead causing a small cut. She was ordered to go to the ER for treatment and when she arrived she had to take a blood test to insure she was not under the influence of alcohol or drugs. Was that right? I don't think so, but the employer has the duty and the right to maintain a safe work environment.



You keep saying that DWI drivers should be arrested and put in jail etc, but that does nothing to reduce the number DWI's until they get on the road, and that is too late.



If the police in Texas saw Tex and Pedro drunk, they would have both been arrested, And the police would not care how good Pedro could weld or drive because that is not the issue.



To stop a drunk driver from getting behind the wheel, you have to target people who are oviously drunk. I'm sure there are many people who can drive pretty well with a BA at .08 or even higher. They may be able to drive better than people who are sober. That makes no difference. They are arrested for DWI. If they are drunk in a public place, they can be arrested. They are only charge with DWI and are presumed innocent until proven guilty. They have the right to plead Not-Guilty, hire a lawyer and fight the charges in court. If they can beat the rap, more power to them. The fact that many people would find the time and money needed to fight the charges would not be worth it is not a fault of the police, or the courts. It works the same way for every arrest, be if for DWI, Jaywalkin or Murder.



The only difference is that rather than clogging up the court system with minor misdomeaner trials, you can plead Guilty, or No Contest and pay a predetermined nominal fine.



...Rich





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