DUI Charge for....Caffeine?

sliguns · Dec 30, 2016

https://www.rt.com/usa/372080-california-man-caffeine-dui/

A Fairfield, California man is facing charges of driving under the influence – of coffee. The authorities did not drop the case even though blood tests came up negative for all drugs except caffeine, which experts say may actually improve driving skills.

Joseph A. Schwab, 36, was arrested while driving home from work in August 2015. An alcohol beverage control agent pulled him over on Interstate 680, saying he was driving erratically. When she administered the field sobriety test, Schwab’s pupils were dilated.

*The driver seemed very amped up, very agitated, very combative, and she thought he was under the influence of something,* Solano County District Attorney Krishna Abrams told Sacramento’s KCRA-TV.

Schwab was arrested and taken to jail, where he agreed to a blood test. He tested negative for cocaine, marijuana, opiates, methamphetamine, oxycodone and several other drugs. The only thing in his system was caffeine, which is not illegal.

Abrams is still prosecuting the case, however, to the shock of Schwab’s attorney Stacy Barrett.

*I didn't believe it,* Barrett said. *I actually consulted with the other attorneys in my office, to make sure that I wasn't missing something.*

The DA will argue that Schwab must have been under the influence of some other drug that the test does not screen for, she told KCRA.

*This is a case without a blood result, right, so it makes it a very difficult challenge to prove in court to not have the blood result,* Abrams said.

Barrett has filed a motion to dismiss the case, arguing that caffeine is not a crime.

A California man has earned a DUI for driving under the influence of coffee. Will the charge stick? https://t.co/2FNQtOuWGipic.twitter.com/Emv7HLPFm9
— Appelman Law Firm (@appelmanlawfirm) December 27, 2016

Forensic toxicologist Edwin Smith told KCRA that while caffeine is technically a drug, it doesn’t typically impair driving. If anything, coffee improves the ability of most drivers to focus, Smith said.

Schwab says that the ordeal has hurt him financially and damaged his reputation.

*Looks like I’m undependable,* he told KCRA. *And when you tell this type of story to somebody, they are naturally not going to believe you.*

UPDATE: http://www.cnn.com/2016/12/29/health/dui-charge-caffeine-california-trnd/

JeeperCreeper · Dec 30, 2016

Was he black?

sliguns · Dec 30, 2016

JeeperCreeper said:
Was he black?

why? You racist?????

No, he is white.

Bigchillin83 · Dec 30, 2016

sliguns said:
why? You racist?????

I am!!! against stupid people!!! it don't matter your color

Barry J · Dec 30, 2016

Louisiana law

14:98(e)(i) The operator is under the influence of one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription

He must have done poorly on the field sobriety test.

JeeperCreeper · Dec 30, 2016

Barry J said:
Louisiana law

14:98(e)(i) The operator is under the influence of one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription

He must have done poorly on the field sobriety test.

Sounds like he may have had a bad day and wasn't being very cooperative.

JeeperCreeper · Dec 30, 2016

Bigchillin83 said:
sliguns said:

why? You racist?????

I am!!! against stupid people!!! it don't matter your color

Click to expand...

Agreed! Ignorance comes in all colors... you've seen my wife, she ain't black, but she ain't white either. I'll openly admit I'm prejudice, but racist I am not!

sliguns · Dec 30, 2016

Bigchillin83 said:
sliguns said:

why? You racist?????

I am!!! against stupid people!!! it don't matter your color

Click to expand...

Barry J said:

Louisiana law

14:98(e)(i) The operator is under the influence of one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription

He must have done poorly on the field sobriety test.

Click to expand...

I don't think they did that test...the officer gave him a breathalizer test, which he passed...the officer didn't believe that he wasn't on anything, so they arrested him and took him to have his blood drawn, which he voluntarily agreed to do...which produced "caffeine" as the only thing in his system...so that's what they charged him with

JeeperCreeper · Dec 30, 2016

sliguns said:
why? You racist?????

No, he is white.

The question was to establish if it could have been a racial issue? Was the cop black?

sliguns · Dec 30, 2016

JeeperCreeper said:
The question was to establish if it could have been a racial issue? Was the cop black?

no info on the officer...no name or race...just gender...female

sliguns · Dec 30, 2016

JeeperCreeper said:
The question was to establish if it could have been a racial issue? Was the cop black?

sliguns said:
no info on the officer...no name or race...just gender...female

So i think, based on internet standards, it's safe to say that she was a man-hater!!!!

Whitebread · Dec 30, 2016

I heard about this yesterday from Mark Stein on Limbaugh's show. The legal system in this country was designed to serve A-hole and gentlemen impartially. When an agency like the California Alcoholic Beverage Control can issue a DWI for driving drunk we have an overgrown cancerous nightmare, but when they can issue one for too much coffee we are being ruled by despots. Even if the guy is a total dick. We have a right to be a-holes if we want. And so does the agent, bug no one has the right criminalize being a jerk.

JeeperCreeper · Dec 30, 2016

No matter if it was a personal issue or whatever, I really hope he has a civil suit filed because it's been over a year wasted, plus court costs and lawyer fees...

general mills · Dec 30, 2016

Why would they test for caffeine? is this part of a standard DUI blood test?

sliguns · Dec 30, 2016

JeeperCreeper said:
No matter if it was a personal issue or whatever, I really hope he has a civil suit filed because it's been over a year wasted, plus court costs and lawyer fees...

plus damage to your reputation and ability to generate income.

JeeperCreeper · Dec 30, 2016

general mills said:
Why would they test for caffeine? is this part of a standard DUI blood test?

I think the better question is how in the hell was the guy charged for caffeine in the first place?

sliguns · Dec 30, 2016

general mills said:
Why would they test for caffeine? is this part of a standard DUI blood test?

Maybe they test for it b/c it's included in some other "illegal stimulants"?

JeeperCreeper · Dec 30, 2016

I'm all jacked up on Mountain Dew!

sliguns · Dec 30, 2016

JeeperCreeper said:
I'm all jacked up on Mountain Dew!

DBMJR1 · Dec 30, 2016

I've got a large RTIC tumbler full of the good stuff right next to me. 100% pure Java. Not cut with those fillers.
When I finish it, I'm going to drive to the North Shore.

Justin Case any of y'all want to get out of my way.

DUI Charge for....Caffeine?

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