California...

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California...

Postby ManWithAPlan » Sat Dec 24, 2016 1:26 pm

http://drudgetoday.com/v2/r?hop=https%3 ... ano-county

California man fights DUI charge for driving under influence of caffeine

Attorney for Joseph Schawb, charged with driving under the influence of a drug when his blood test showed only caffeine, calls the charge unheard of ‘There are no studies that demonstrate that driving is impaired by caffeine, because no one cares about caffeine,’ said a forensic toxicologist. ‘There are no studies that demonstrate that driving is impaired by caffeine, because no one cares about caffeine,’ said a forensic toxicologist.

Caffeine may be the “nootropic” brain drug of choice in Silicon Valley, but an hour’s drive north in Solano County, California, the stimulant could get you charged with driving under the influence.

That is according to defense attorney Stacey Barrett, speaking on behalf of her client, Joseph Schwab.

After being pulled over on 5 August 2015, Schwab was charged by the Solano County district attorney with misdemeanor driving under the influence of a drug.

Almost 18 months later, Schwab is preparing to go to trial. The only evidence the DA has provided of his intoxication is a blood test showing the presence of caffeine.

Shcwab was driving home from work when he was pulled over by an agent from the California department of alcoholic beverage control, who was driving an unmarked vehicle. The agent said Schwab had cut her off and was driving erratically.

The 36-year-old union glazier was given a breathalyzer test which showed a 0.00% blood alcohol level, his attorney said. He was booked into county jail and had his blood drawn, but the resulting toxicology report came back negative for benzodiazepines, cocaine, opiates, THC, carisoprodol (a muscle relaxant), methamphetamine/MDMA, oxycodone, and zolpidem.

The sample was screened a second time by a laboratory in Pennsylvania, according to documents provided to the Guardian, where the sole positive result was for caffeine – a substance likely coursing through the veins of many drivers on the road at any given time.

“I’ve never seen this before,” said Barrett. “I’ve never even heard of it.”

Barrett has filed a motion for the case to be dismissed because the charges were not brought until June 2016 – nearly 10 months after incident. If that motion is denied, Schwab will take his case to a jury on 11 January.

Sharon Henry, chief deputy district attorney for Solano County, said in a statement that her office was “conducting further investigation in this matter”.

“The charge of driving under the influence is not based upon the presence of caffeine in his system,” she added.

Barrett counters that if the prosecution has evidence of a different drug in her client’s system, it should have to provided that to her, based on the rules governing criminal procedings.

“I have not been provided with any evidence to support a theory of prosecution for a substance other than caffeine at this time,” she said. “Nor I have received any statements, reports, etc documenting any ongoing investigation since the [toxicology report] dated 18 November 2015.”

Henry declined to comment further, citing the right to a fair trial.

“It’s really stupid,” said Jeffrey Zehnder, a forensic toxicologist who frequently testifies in court cases. Over 41 years, Zehnder said, he had never seen a prosecution for driving under the influence of caffeine.

“If that’s the case, then they better come and arrest me,” he joked.

Zehnder was informed about the case by Barrett, but has not been contracted to testify on either side.

California vehicle code defines a “drug” as any substance besides alcohol that could affect a person in a manner that would “impair, to an appreciable degree” his ability to drive normally.

Making that case with caffeine would be difficult, Zehnder said, because the prosecutor would have to show that impaired driving was specifically caused by the caffeine and not any other circumstances.

“There are no studies that demonstrate that driving is impaired by caffeine, and they don’t do the studies, because no one cares about caffeine,” he said.

As for Schwab, he just wants this ordeal to be over. In a statement provided to the Guardian by his attorney, he said his reputation had been damaged.

“No one believed me that I only had caffeine in my system until I showed them the lab results,” he said. “I want the charges to be dismissed and my name to be cleared.”
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Re: California...

Postby fester » Sat Dec 24, 2016 1:50 pm

The arresting twat simply cannot admit she was wrong, so this idiocy will be dragged all the way to the supreme court.

Welcome to the Idiocracy.
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Re: California...

Postby The Signal » Sat Dec 24, 2016 2:06 pm

Well, this does have the advantage of finally explaining why it is that I am so consistently, unflappably happy: I've been spending my entire adult life intoxicated! Guess that Bukowski fella must've been onto somethin'.
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Re: California...

Postby Eidolon » Sat Dec 24, 2016 4:59 pm

fester wrote:The arresting twat simply cannot admit she was wrong, so this idiocy will be dragged all the way to the supreme court.

Welcome to the Idiocracy.

Bro she wasnt IN ERROR.. she just chose to be pissed off! He is lucky as fuck he aint black or someone she could just shoot.


:Shcwab was driving home from work when he was pulled over by an agent from the California department of alcoholic beverage control, who was driving an unmarked vehicle. The agent said Schwab had cut her off and was driving erratically."

She was in an unmarked car and got road rage is what happened.
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Re: California...

Postby toadman » Sat Dec 24, 2016 6:35 pm

Unmarked I wouldn't stop for shit. She (The ABC Officer, i.e. Meter Maid) abused her authoritative power. Smells like more fake news, but with Cali anything could happen.
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Re: California...

Postby Notorious GIT » Sat Dec 24, 2016 8:04 pm

Anybody approaching my vehicle from an unmarked one(who'd only be able to approach by coincidence of my having happened to stop since it wouldn't even occur to me to do anything but fuck with anyone in an unmarked vehicle indicating that I should stop) in a fashion as threatening as someone who believes she has the authority granted a law enforcement officer, but has no outward indication to show that she is, well...

I'd feel threatened. In fear for my life even.

And I'm armed.

Fast forward to my statement: (to my lawyer... All any cops would hear from me is "Lawyer.")

Nope, didn't hear her trying to identify over herself over the other traffic/wind/my adrenaline.

Why, yes, of COURSE I felt it necessary to empty my magazine.

God damn I fucking hate twats. Worthless shits.
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Re: California...

Postby monty burns » Sun Dec 25, 2016 2:07 am

I live in California and drank 5 cups of green tea today. 9 cups in the summer. I'll have to be more careful on my bicycle.
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Re: California...

Postby SardonicYuda » Tue Dec 27, 2016 4:19 am

I'm approaching a gram or so a day, am I gonna go to jail or is there a waiver for people in the military?
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Re: California...

Postby The Shadow » Tue Dec 27, 2016 5:41 am

toadman wrote:Unmarked I wouldn't stop for shit. She (The ABC Officer, i.e. Meter Maid) abused her authoritative power. Smells like more fake news, but with Cali anything could happen.


Its not fake news. It's California, where they pass more laws each year, then probably 10 conservative states put together.

Just owning a gun in California is fast becoming a crime in and of itself, no matter the Second Amendment. They passed a slew of gun AND ammunition control laws in 2016 that will take effect during 2017-2018. And many more to come, as well.

Image

Yeap, this traitor to his own oath of office is just another Democ-Rat politician that the Peoples Republic of Kookistan's state house is chock full of these days.
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Re: California...

Postby The Shadow » Tue Dec 27, 2016 6:04 am

The Signal wrote:Well, this does have the advantage of finally explaining why it is that I am so consistently, unflappably happy: I've been spending my entire adult life intoxicated! Guess that Bukowski fella must've been onto somethin'.


Coffee or caffeine does have a mood altering effect. It usually brightens up most people, and that's a fact. :lol:
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Re: California...

Postby MrPragmatic » Thu Dec 29, 2016 10:24 am

Keeping my fingers crossed that Commiefornia follows through on their threat to secede from the U.S.
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Re: California...

Postby MisterPho » Thu Dec 29, 2016 11:49 am

MrPragmatic wrote:Keeping my fingers crossed that Commiefornia follows through on their threat to secede from the U.S.


That's a few extra miles of wall, but worth every penny. ;)
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Re: California...

Postby ManWithAPlan » Thu Dec 29, 2016 11:50 am

MrPragmatic wrote:Keeping my fingers crossed that Commiefornia follows through on their threat to secede from the U.S.


I would laugh my ass off if they did, and like two hours later the big one hit and they sank into the Pacific.
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Re: California...

Postby bob » Sun Jan 08, 2017 2:50 am

Notorious GIT wrote:Why, yes, of COURSE I felt it necessary to empty my magazine.


Anyone worth shooting is worth shooting twice. Or 7-19 times, in your case.
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Re: California...

Postby No4Dad » Sun Jan 08, 2017 11:09 am

The problem with California isn't their idiot laws, it's with their insistence that they're the ones with the higher moral authority and all of the rest of the states should employ their idiot way of thinking.

It's one of the problems with having a powerful central government (US Government). Some state like California can, essentially, enforce it's will on everyone else because "they know better". Really, each state should be an experiment unto it's own and if California wants to do nutty things then let them and they'll either succeed or fail at it.

I know it's a little off topic.. The gist of this article is: Woman can't be wrong.
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Re: California...

Postby WeeZul » Sun Jan 08, 2017 12:34 pm

No4Dad wrote:The problem with California isn't their idiot laws, it's with their insistence that they're the ones with the higher moral authority and all of the rest of the states should employ their idiot way of thinking.

It's one of the problems with having a powerful central government (US Government). Some state like California can, essentially, enforce it's will on everyone else because "they know better". Really, each state should be an experiment unto it's own and if California wants to do nutty things then let them and they'll either succeed or fail at it.


This is very much the case. It's the classic narcissist's claim, "Well, I can't help it if you're stupid and I know better."
It's hugely based on our resource production. A lush Central Valley and a long fruitful coastline--seriously, it's amazing how much food we produce here.

If we didn't have those, California wouldn't have any sociopolitical leg to stand on.
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Re: California...

Postby Slade » Sun Jan 08, 2017 1:17 pm

MrPragmatic wrote:Keeping my fingers crossed that Commiefornia follows through on their threat to secede from the U.S.


While the GOP would say "Goodbye and good riddance'", the Dems would never allow it to happen. Without California's reliably Democrat electoral votes the Dems would never have a chance at winning the Presidency again.

It would also bee funny seeing how California would cope without the Federal Cheese. San Diego would shrivel up if the Navy and Marines relocated their bases somewhere else (though I would expect them to remain there, at least in the short term)
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Re: California...

Postby SardonicYuda » Sun Jan 08, 2017 1:29 pm

Slade wrote:
MrPragmatic wrote:Keeping my fingers crossed that Commiefornia follows through on their threat to secede from the U.S.


While the GOP would say "Goodbye and good riddance'", the Dems would never allow it to happen. Without California's reliably Democrat electoral votes the Dems would never have a chance at winning the Presidency again.

It would also bee funny seeing how California would cope without the Federal Cheese. San Diego would shrivel up if the Navy and Marines relocated their bases somewhere else (though I would expect them to remain there, at least in the short term)

Nah, knowing our luck wed still be stationed there but the power of the Green Weenie would carve the exact perimeter of those bases out of the earth and relocate the entirety to the new and improved parts of the us. Geography and topagraphics he damned, but 29 Palms won't change too much since the Mojave is in Nevada too
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Re: California...

Postby trajan » Sun Jan 08, 2017 1:53 pm

WeeZul wrote:This is very much the case. It's the classic narcissist's claim, "Well, I can't help it if you're stupid and I know better."
It's hugely based on our resource production. A lush Central Valley and a long fruitful coastline--seriously, it's amazing how much food we produce here.

If we didn't have those, California wouldn't have any sociopolitical leg to stand on.


I'd argue that California's sociopolitical power comes mostly from Hollywood. Mr and Mrs Middle America have no idea where avocados come from and they wouldn't change their social positions even if they did. But every TV show or movie they see or CD they listen to comes from the Hollywood machine. Try and imagine any great change in American social thought (god or bad...mostly bad) that wasn't first championed by Hollywood and force fed to the public via the 20 hours a week the average person watches TV.
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Re: California...

Postby male ideal, female deal » Mon Jan 09, 2017 11:58 am

Living in California around the San Fran bay area I see the effects of pro-minority, pro-illegal rule-of-law which promotes crime and killing, and civil unrest. One example not too long ago was when some black women chained themselves and sat on the ramp to the bay bridge toward San Francisco. They held up traffic for hours and it turns out roughly a year later the judge decided not to sentence them with any charges. Never mind the lost hours of all those whom were trying to reach SF. Thank goodness I haven't been personally effected by the liberal policies of the region.

Speaking of the bay area: San Francisco basially has a pension plan of sorts for homeless people and so a lot of them flock there. I used to visit the city but I don't take uneccesary risks walking around at night being drunk and the like in such cities anymore. While I was in Oakland last March I heard about the ghost ship party from a younger friend of mine's friend talking to him about a show there later on, during that friday evening while visiting this musician friend of mine. We were together visiting a warehouse his friend lived in, similar to ghost ship (all wooden inner stucture, the same kind of windows, only an entrance with a short flight of stairs) and I instinctively knew that it wouldn't be a safe place to party with a bunch of strange people. Since one thing's certain: A lot of bad things happen in Oakland at night. I'm only around these younger folks once in a while. I'm not into shows or the party scene, I don't fit nor want to, but I got a history and connection with the young guy for some years (not to mention also his older sister).
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Re: California...

Postby toolate » Mon Jan 09, 2017 11:21 pm

Theater of the absurd.
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Re: California...

Postby The Signal » Tue Jan 10, 2017 12:14 am

toolate wrote:Theater of the absurd.

At this point perhaps even a parade of it.
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Re: California...

Postby Phantom » Tue Jan 10, 2017 6:30 am

This ridiculous charge emanates from a disgruntled woman who claims she was cut off and she wanted revenge no matter what ! Give any female a little power and they will misuse it according to their emotional state of being. Someone said earlier it was road rage.

This princess personally could not stand someone not yielding to her "Superiorness" and she wanted her pound of flesh no matter who she hurts or how much it costs other people including the taxpayer and the victim. Women are the most spiteful, bitter, vindictive, nasty, dishonest, devious, manipulating and evil people when it comes to wreaking vengeance on anyone who she feels has done her the slightest wrong. :evil:
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Re: California...

Postby DruidV » Tue Jan 10, 2017 9:12 am

When females play at policeman.
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Is it safe?
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