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WWL>Topics>>12-31 9:35am Tommy talks to Marjorie Esman ab. DWI checkpoints

12-31 9:35am Tommy talks to Marjorie Esman ab. DWI checkpoints

Dec 31, 2012|

Tommy talks to Marjorie Esman, the Executive Director of the Louisiana ACLU, about no refusal DWI checkpoints

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Automatically Generated Transcript (may not be 100% accurate)

Marjorie Asman joins us right now the executive director of the Louisiana ACLU to talk about these. No refusal DW I checkpoints and also. Marjorie -- -- of the morning happy new year pro came. Out we got a call from somebody's namely you know what if you wanna catch strong drivers drunk drivers went -- At least you sit outside of a bar room and people have been -- and -- 3 o'clock and pulled over you can't do that and. Will -- event and the read and you can't do that is because in order to make it correctly but -- probable cost. And walking out of the bars not probable cause to assume that your hair. You maybe. Egypt easily may not be and he say probably not in the electric and I -- eat and drink and that I can. And he might have been there for 45 and I think will be Beers you know three hours ago and Cadillac -- You know so no glee in that block grant -- not probable cause sufficient to -- -- tell -- that. Simple and I and I know -- being put -- on the -- about that when he upset. Yeah but what if you had to debt. -- Mean what is -- to bet -- a -- don't want your paycheck on of people walking out of the bars bars being drunk at 3 o'clock in the morning. Having had a Diet Coke or having had one beard having a lot. That's it we -- of people they are and so you know and that's not what will we -- a -- country that -- country we have -- probable cause. And it is an innocent person that doesn't look like that but but he's had to that you need to deepen that architect known about the. You -- immediately and the one. I'll go one on what is it like as of yet they jacked up and end at 3 o'clock in the morning and people walked out of a bar. And is there a margin here's -- hundred to one odds -- you pay eject the majority album. Either Diet Coke at one beard subsidy overloaded which would you. I would non it is that the majority of them are are too impaired to drive I would not make that assumption you'd bet that the -- I would bet it did not all the -- I would say that you can't fit you know maybe if you are but I would also say that -- -- They can't just direct call them because you think it's somebody might become productive day. But you know technique -- futile. Saint arrests -- they were -- field sobriety tests. Because the congress and Rhett -- let you know the -- now refusal. It's unclear exactly what what the purpose is prepared that they intended for began. You -- Being in Louisiana and the solution of the problems just to let people because that's not the solutions and problems and it is -- statistics show. That on debt that incidents. PW line do not come. Places where they these these the -- field like that. The places where we're eagerly -- that they now are places where they have meant for public education campaign. Which are less expensive and and the numbers. They'll line numbers show that -- more effective. So he'll eat the girl is two people from driving when compared. The way to stop that is to get them before they get in the car not the map toward. -- and that the girl is once you're prepared to get off the road he don't need to -- collected the net because. A -- that we -- already are such that. In eat eat -- he pulled over and they -- -- sobriety test if you take it and you fail well -- -- -- -- -- -- -- If you refuse to -- you get elected first evening. Either way you're off the -- Now not education and try any clarification here not education that it's wrong to drive impaired but at what point you are impaired or both. -- it kept -- education net. You know it did driving wall ball dropped I -- actually a lot of commercial lately for a blood drive. And that that really good public education campaign because their people may not know what would the legal distinction. On. It much education and we -- people about what constitutes PW line and the fact that he'd do it. You know you break in the lying and you know you can go to jail. You know and you could somebody. That's what war. People afterward draw on their blood which by the way -- -- in -- -- the government without any safeguards. He they couldn't find at all kinds of personal medical information about you what medications you're taking you know legally. One of the government need that and you aren't any procedures for about it and it. Thank god you know how long and Stewart waited and historically conditions -- and stored them in mind release didn't none of that. And -- -- and it's not it doesn't do so I think we need to. Think about what is the goal was to witnesses to let more people so that we -- and -- -- we read all these people or if we. You know or -- really took off. VW line and that's what we're trying to do and and we need money spent money on public education and not -- China and more people. So if it only does -- get to this point then. Give blood wouldn't be taken now unless you've failed the field sobriety test right now. They'll -- these things work is he he he he he if you use this field sobriety test the predictable. We can't. -- you -- -- -- they don't need to blood because they already have the detector results to Asia that you weren't picked. So you saying on not gonna blow in your little saying I'm not gonna make -- sobriety test. Bit too much and definitely the leading analog set -- they -- risky because you refused to take it and then they lock you up and they dropped the road right because you can't. But now what he's doing it date they get a warrant which I think it's probably not you know we're not necessarily valid warrant but. But they get a warrant particular black. For the purpose of proving that you blood alcohol is too hot. But they don't need to do that if the goal was to keep you -- the road because they can arrest you for not taking that tax if you want to take the test. -- Strictly. A tool to be able to convict people. It had nothing to do with getting impaired drivers out there. But by convicting him. You get them off the road -- future running. -- -- Sure but it hasn't demonstrated that to -- and other people. And most people I think. If you've got arrested for failing a sobriety test or you if you take it because he knows that the results are probably not gonna mean Faber and they get arrested. You know it did not want to get -- point. What he had that experience if it's going to be it's apparent that war. If you happen you know a problem and addiction problem and no amount or asking for you know it is gonna -- and not -- Anything -- and large. I really think that we need to get away said spaces before from the sort of mentality. That the solution to every problem is just to read more people. On either didn't read that one -- as large incarceration rate in the world. And it because we have the mentality that that the solution that would problems just to rest more people on the fact that there hasn't detectives. Analyst -- is to take away people's rights and I'm not saying anybody has the right to drive impaired because of course they don't. But but at this solution to that is to stop that before it happens and not just that which is gonna lock up more people afterwards. Thank you Marjorie Essen and I appreciate your time and I'll -- have a great new LP.

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