I don’t think I agree. I certainly agree that prior bad acts cannot be the sole basis. You can’t just stop someone who is driving normally and demand a blood test solely because they have prior DUIs. But if someone crashes with no apparent cause than their error in driving, it seems to me that it’s quite reasonable that prior DUIs should contribute under those circumstances to P.C.
Why are you OK with them drawing blood from a person simply because they were in an accident?
There are hundreds of thousands of accidents a year. Is every single one assumed to be due to an impaired driver? Or do we just arbitrarily choose who gets tested and who doesn’t? Because that’s a system that always works out fairly and justly when the cops have that freedom.
You’d think Tiger Woods would know when to use a driver.
I mean, that’s sort of the whole point. People are throwing baseless accusations here.
I like it!
From the article about the holdup at the hotel, they say he was due in 1/2 hr at a location 1 hr away.
It was 7 a.m. I have NOTHING good to say about the man, but I suspect he was just driving too fast trying to make up time.
Yeah, we’ve done the pun. But it’s a serious point too. He can easily afford a full time driver, so it exacerbates his culpability if this turns out he was on major pain meds.
Yes, I’m sure it’s easy to judge if someone is impaired due to alcohol or other substances when their crushed legs are trapped in a mangled vehicle. Let’s just give them the benefit of the doubt.
I would much rather live under a legal system where being in an accident is sufficient probable cause for evidential breath/blood tests to be carried out as a matter of course, and failure to do so is a failure of the authorities concerned. I believe that in the UK, if the police are called to an accident they will always administer a roadside breathalyser test, even if no-one is injured.
Age or handicap?
I would bet he was speeding and maybe texting those expecting him as a result of him being late for a TV shoot. A bad combo.
Well, I said “serious accident.” But my main point (not well expressed) was that we should test everyone who gets in accidents like this or no one. The past DUI should not be a factor.
It’s ridiculous to suggest that the accusations are baseless. He obviously did make a driving error with serious consequences, and he has a history of doing so when impaired. The only thing that’s in question here is whether as a technical legal matter the police had P.C. to obtain evidence to settle decisively whether he was impaired when he made this driving error. Common sense certainly dictates that they should have done so. If current interpretation of the U.S. Constitution dictates that they should not have done so, frankly that interpretation is stupid, and endangers other road users.
One day the SCOTUS may rule on it. I think the chances of it being allowed are slim. I’ve been in an accident before, I don’t drink and drive, had they tried to draw blood from me there would have been a fight. People are very frivolous with their rights these days.
But why? Nobody is advocating that the prior DUI be used as evidence of guilt. Merely as P.C. to obtain evidence that would decisively settle the matter. Why should your prior bad acts not be reasonable grounds to suspect you of a crime?
I suspect Tiger was in some way behaving negligently. I certainly don’t wish harm upon him, but his past behavior is indicative of someone who has a hard time reckoning with the potential consequences of his behavior.
Let’s say that you are busted smoking weed in college. Does that give the government the right to search you car and home at any point in the future for illegal possession of drugs?
[quote=“elbows, post:52, topic:933579, full:true”]
I’d be more concerned about him developing an addiction to the kind of drugs often prescribed to athletes following such surgeries.
Isn’t that the recipe? Undreamed of early fame, success and wealth. Followed by marriage breakdown…[/quote]
A Tragic Tale to be sure, but perhaps Tiger’s Fancy for eagerly paying hundreds of young whores for rawwdawg backdoor action while his faithful wife and children tearfully waited in vain for him to meet them at the Olde Malt Shoppe for a family movie night perhaps had something to do with his divorce?
Naaah, probably all Big Pharma’s phault!!!
What right is being infringed by testing all parties in an accident for drug/alcohol use, other than their right to drive while impaired undetected?
They can suspect him all they want. They are within their authority to determine the cause of the accident, and if they have any reason to believe that he was under the influence, they can search to the extent that the law will allow. But that evidence has to be based on the circumstances of the accident and the evidence at the scene and gathered from any witnesses; it can’t be based solely on his past behavior.
The law generally requires we look at each incident independent of past acts. What evidence from this incident supports a reasonable suspicion of criminal activity. It either is sufficient or it’s not, regardless of whether I drove drunk 25 years ago, or 25 days ago.
If a judge gets a search warrant application to search a house of someone suspected of burglary, the police need more than “this guy was convicted of burglary 5 years ago.” They need something else to convince the judge this guy probably committed a particular burglary. That “something else” is going to be enough or it’s not. The prior conviction doesn’t tip the scales if they don’t have enough evidence of this crime.
If you think testing his blood (or breath) is not that big of an imposition, then test everyone. If it is, (like searching a house certainly would be) then only test people when you have probable cause.
Sure, and that’s your argument, the accusations are baseless. There is no reported evidence indicative of a DUI. There’s a ton we don’t know, but what we do know does not indicate a DUI. His past behavior or other evidence could be used in an investigation and if they do investigate I’m sure we’ll hear about it eventually.
In the US there is a tradition of not pursuing DUI investigations when according to someone’s judgement there’s no benefit to be had. As an example the police might find evidence of intoxication in a car containing a dead driver as the result of obvious reckless driving. But if no one else is harmed they may not report it or follow up on it if someone feels it will only bring further grief to the victim’s family. I don’t think that’s the right thing to do, but certainly withholding such information from the public instead of making it disappear may be justifiable in the eyes of some. We have our rights in this country and protect them dearly, even to the point of being stupid and counterproductive at times, but we also tend to make decisions based on avoiding erosion of our rights over particular cases out of convenience. So even when we are a wrong it takes a long time for things to change. When I started driving getting charged with a DUI was rare, even in the face of overwhelming evidence, and the penalties were often minor to non-existent. Since then an organization called MADD has changed the landscape, they have observers in court at every hearing involving DUIs and DWIs and judges who don’t take the matter seriously are going to get a lot of blowback. The penalties are very substantial now, and some claim even onerous which isn’t helping with enforcement because the authorities can be hesitant to ruin someone’s life for drinking one too many beers. It’s a mess frankly. I have no problem with the implied consent laws, so the barest of evidence could be used to collect a blood sample. But in the mix of messed up state by state laws and inconsistent enforcement I’m not sure it even matters.