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DUI Arrest Over Caffeine? Time to Review These Silly Laws

in Drugs, Liberator Online, News You Can Use, Personal Liberty by Alice Salles Comments are off

DUI Arrest Over Caffeine? Time to Review These Silly Laws

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DUI laws are often inefficient. Mostly because not all drivers react to certain substances like alcohol the same way, and because provoking injury or causing deadly harm to a fellow human being while behind the wheel is already against the law. Now, we have another reason to be skeptical of government’s “driving while under the influence” rules.

CaffeineA recent DUI case in California is catching the media’s attention for the police’s choice to pursue a case involving a driver under the influence of caffeine. Not drugs or alcohol, but caffeine.

According to the driver’s attorney, Joseph Schwab was pulled over in August of 2015 and charged with misdemeanor driving while under the influence of stimulants. As he and his attorney prepare to go to trial, the Solano County district attorney’s only evidence is a blood test showing the presence of caffeine in the driver’s system.

The motorist was on his way home from work when he was pulled over by a California department of alcoholic beverage control officer who was driving an unmarked vehicle. The official claimed Schwab had been driving erratically. She also said Schwab had cut her off before he was pulled over.

During the exchange between the official and the driver, he was given a breathalyzer test that eventually showed a 0.00% blood alcohol level. Nevertheless, he was booked into county jail where his blood was drawn. The toxicology report came back negative for THC, benzodiazepines, cocaine, opiates, carisoprodol (a muscle relaxant), methamphetamine/MDMA, oxycodone, and zolpidem, The Guardian reports. But officials weren’t over yet, sending the sample back for a second laboratory test in Pennsylvania, where they found that only caffeine had been running through the driver’s veins at the time of the arrest.

Despite the odd results, charges were brought against the man ten months after the incident, and the only evidence being used is the blood test. But in a statement, the local chief deputy district attorney said that “[t]he charge of driving under the influence is not based upon the presence of caffeine in his system.”

When we give the government power to criminalize what we do to our bodies, we also give way to authority abuse, allowing law enforcement to apply the law in an arbitrary way. Instead of relying on the rule of law, we now rely on flawed individuals in the justice system, giving them the power to say who’s to be held accountable. Isn’t it time to put an end to this waste?

They Said It… With John Kerry and Rand Paul

in Liberator Online by James W. Harris Comments are off

(From the They Said It section in Volume 20, No. 8 of the Liberator Online. Subscribe here!)

LIBERTARIANS HELP WIN LEGAL POT IN ALASKA: “Smoking, growing and possessing marijuana becomes legal in America’s wildest state Tuesday, thanks to a voter initiative aimed at clearing away 40 years of conflicting laws and court rulings. Making Alaska the third state to legalize recreational marijuana was the goal of a coalition including libertarians, rugged individualists and small-government Republicans who prize the privacy rights enshrined in the state’s constitution.” — journalist Molly Dischner, Associated Press, “Alaska Becomes 3rd State With Legal Marijuana,” Feb. 23, 2015.

HOW GOV’T SPIES HACKED VIRTUALLY EVERY CELL PHONE IN THE WORLD: “With the help of the NSA, British intelligence broke into the world’s leading manufacturer of SIM cards and stole millions of keys that encrypt cell phone communications, including what you say. … U.S. and British spies hacked into Gemalto, which makes SIM cards for AT&T, T-Mobile, Verizon, Sprint, and hundreds of other wireless networks. With Gemalto’s encryption keys in hand, the intelligence agencies gained ‘the potential to secretly monitor a large portion of the world’s cellular communications, including both voice and data’ without having to get a single warrant or tell a telephone company.” — the Daily Beast website, summarizing “The Great SIM Heist: How Spies Stole the Keys to the Encryption Castle” by Jeremy Scahill and Josh Begley (based on files from Edward Snowden), The Intercept, Feb. 19, 2014. Ajit Pai

GOV’T AT WORK: “[Net Neutrality] is a solution that won’t work to a problem that doesn’t exist.” — Ajit Pai, a commissioner at the Federal Communications Commission (FCC).

UBER REDUCES DRUNK DRIVING, SAVES LIVES: “In May 2014, Uber set out to answer a simple but important question: what, if any, effect did the availability of safe, reliable rides on the Uber ridesharing platform have on drunk driving in Seattle, where prior to Uber’s arrival in 2013, approximately 7.6 people per day — or 2,750 per year — were arrested for driving under the influence. Using publicly available data and a simple econometric model, we discovered Uber’s entry into the Emerald City was associated with a 10% decrease in DUI arrests. The results were robust and statistically significant, providing meaningful evidence of the power Uber’s network of safe, reliable rides has on drunk driving in major metropolitan cities. … And the pattern is the same in cities across America. … [W]e believe there is a direct relationship between the presence of uberX in a city and the amount of drunk driving crashes involving younger populations.” —Uber and Mothers Against Drunk Driving (MADD) from their new study, “More Options. Shifting Mindsets. Driving Better Choices.”

FOOLS:
“American foreign policy is controlled by fools. What else can one conclude from the Doug Bandowbipartisan demand that the U.S. intervene everywhere all the time, irrespective of consequence? … Not only has virtually every bombing, invasion, occupation, and other interference made problems worse. Almost every new intervention is an attempt to redress problems created by previous U.S. actions. And every new military step is likely, indeed, almost guaranteed, to create even bigger problems.” —Doug Bandow, Cato Institute, “Washington’s Foolish Foreign Policy: American People Must Say No to More Wars,” Forbes.com, Feb. 21, 2015.

WAR, WHAT IS IT GOOD FOR: “So just what did several thousand dead Americans, and at least tens of thousands of civilian casualties, plus a couple of trillion dollars get us? … Are we living in a safer world with a more peaceful and prosperous Iraq, Afghanistan or Libya? Isn’t there, as some experts have posited, a possible casual link between the way we prosecuted the war on terror so far, and the proliferation of violence so much of the world is still living with today? … We are on a ‘wars of the future’ conveyor belt where we will keep spending mindlessly, without pausing to see what the trillions we have already spent have actually bought us and the planet.” — Robert Hennelly, “What did thousands of dead Americans get us? Before granting war powers, let’s see where the last two got us,” Slate.com, Feb 22, 2015.

EXCELLENT QUESTION: “Remember there was this [federal government] shutdown about a year ago, and in Washington everyone was clamoring, everyone was worried. I went home to Kentucky and you know what they said: ‘Why in the hell did you open it back up?’” — Sen. Rand Paul (R-KY) speaking in Montgomery, Alabama, Feb. 20, 2015, quoted by Breitbart.com.

John KerryKERRY SWIFTBOATS NETANYAHU: “The prime minister was profoundly forward-leaning and outspoken about the importance of invading Iraq under George W. Bush. We all know what happened with that decision.” — U.S. Secretary of State John Kerry, Feb. 25, 2015, attacking Israeli Prime Minister Benjamin Netanyahu on the grounds that Netanyahu’s support for the U.S. invasion of Iraq shows his judgment on Iran can’t be trusted. Yes, this is the same John Kerry who himself voted for the war in Iraq in 2002 and touted that support while running for president in 2004.

RULE OF THUMB: “Here’s a good rule of thumb: Any time a president says new tech laws are to protect ‘our kids,’ you know something bad is on the way.” — tech culture journalist Xeni Jardin on anti-privacy laws being considered by the Obama administration, “President Obama’s tech-centered State of the Union,” Boing Boing, Jan. 20, 2015.