Thursday, June 30, 2016

Every Day Is A Winding Road

I get a little bit closer

so I hear the City of SB is planning to straighten and widen the roads around Mission Canyon to make it safer for drunk drivers to get to the wine and beer festivals up there..we're talking Mission Canyon and you better stop them...major history up there and it's just beautiful the way it is

so public TV King Ernie Salomon had Don Katich from the News-Pissed on and they gabbed about this and that..Don's big claim to investigative journalism is Peter Lance's DUI series on his own arrest...that's it...that's what Don is most proud of....Ernie asked him why the New-Piss doesn't do investigative journalism and Katich cites Peter Lance's DUI series...

and why does Katich always look like an undertaker??

but Ernie missed an opportunity to ask Don about the impending court cases against the News-Press: the wrongful termination and the wrongful death when their paper carrier ran into some jogger and killed him...will Wendy settle for $3 million like Crosby? and Ernie didn't even ask about the child porn issue at the News-Press...WTF??? I guess these idiots are more worried about the cops' pensions!

well I don't wanna rehash it more than I already have like about every other day, but Peter Lance's story was an embarrasment to investigative journalism...I mean really, investigating your own DUI arrest?? plus all the court time wasted on the pre-trial hearings...and then our old pal Judge Brian Hill tosses the case because of the search and seizure the cops didn't have a reasonable suspicion on New Year's Eve when Lance was lolligagging at a green light!!

the case presented by Darryl Genis against the cops was bogus...he claimed they routinely manipulated breathalyser tests which was totally shot down by the SB cops...

but now the Supreme Court has ruled in favor of the cops who administer breathalyzer tests

June 29 2016: Last week, the Supreme Court ruled that police officers could administer warrantless Breathalyzer tests to people suspected of driving drunk.

The case, Birchfield v. North Dakota, effectively criminalizes the refusal to submit to a Breathalyzer test and affects laws in 11 states.

The outcome will most likely lead to an increase in drunken-driving convictions across the country, according to Derek Andrews, a defense attorney at the
DUI Foundation, the organization linked to the viral "silent" drunken-driving checkpoint hack.

RELATED: Behind the scenes with SupremeCourt Justices
The Fourth Amendment protects against unreasonable searches and seizures, though laws vary by state. Many lawyers openly encourage their clients to refuse a Breathalyzer because prosecutors have a harder time landing convictions with less evidence. Depending on the probable cause, refusing to take a pre-arrest Breathalyzer likely won't result in a license suspension, but in many states, like New York, refusing a post-arrest Breathalyzer could lead to automatic license suspension of varying durations.

With the Supreme Court's decision, however, there could be "an increase in the number of chemical test results," Andrews wrote in an email to Business Insider. People might be more likely to submit for fear of the certain legal repercussions. Chemical tests can be a Breathalyzer, blood draw, or even a urine sample.

To put it simply, more people submitting to Breathalyzer tests means that states and prosecutors will have greater evidence against them.

While a state should be able to ask for a warrantless Breathalyzer test, and even a blood draw, states should not be able to criminalize the refusal of the test, according to Andrews.

"It is a fundamental premise of our criminal justice system that it is the government's burden to prove beyond a reasonable doubt that someone is guilty of a crime, and it is the government's duty to collect evidence and develop a case," Andrews wrote. "It is not, however, a person's duty to give that evidence to the government."

the News-Press has been encouraging people to drink and drive becasue Nipper peddles booze, but I want to discourage people from driving drunk because I pay taxes to babysit them and I'm getting sick of it

so to the new Santa Barbara Police Chief Lori I say get that drunk driving team back up in full force...out on the streets pulling over suspected drunks..going into bars and getting the young folks to blow is not a smart program because most of the drunks on the road are in their 50s 60s and 70s..they don't care anymore!!

so get these drunk drivers the fuck off the road!!!

good job, SCOTUS!!!

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