Nicole McClure said she spent hours in a jail cell, enduring taunts, until a delayed medical check revealed that she had a life-threatening problem with her brain.
Regardless of the cause, it’s still driving while impaired. I don’t like or trust cops in the slightest, but it’s legal and reasonable for them to give people DWI’s for driving while sleep-deprived, on legally prescribed medication, etc., so why would it be unreasonable for them to give a ticket to someone driving while suffering a medical emergency? The only case I can think where this is really unreasonable is if the brain bleed started after she got into the car and she had not yet had an opportunity to pull over and call 911.
Like, it’s not reasonable to cite someone for having a heart attack while behind the wheel, but if you get into a car after having a heart attack and while you still can’t function, that’s kind of the definition of “driving while impaired.”
DWI stands for Driving While Intoxicated, not Driving While Impaired. The restriction in the law is against “intoxicating liquor, cannabis, or any drug”.
A heart attack is not liquor, cannabis or a drug, therefore, it is not reasonable to charge this woman with a DWI.
The restriction in the law is against “intoxicating liquor, cannabis, or any drug”.
You’re right that in WA state, the laws regarding DUI tickets are specific to “intoxicating liquor, cannabis, or any drug.” That varies state-to-state, though.
In Washington state, the driver in this case could still be charged with negligent driving in the second degree, which includes any impairment. She shouldn’t be charged with a DUI, but she is still guilty of Negligent Driving 2 (which is a non-criminal offense), and I still think that if she’s driving in a way that is consistent with being intoxicated, it’s reasonable to be treated her as though she was intoxicated while they wait for more information. When you hear hooves, think horses, not zebras.
It depends on the state. Some states have laws for driving while impaired to take into account illegal and legal drugs. Some states have even extended impairment to include fatigue, which is a medical condition.
That charge could be dropped later when it was discovered the impairment was due to a random and immediate medical issue, but cops aren’t doctors.
Regardless of the cause, it’s still driving while impaired. I don’t like or trust cops in the slightest, but it’s legal and reasonable for them to give people DWI’s for driving while sleep-deprived, on legally prescribed medication, etc., so why would it be unreasonable for them to give a ticket to someone driving while suffering a medical emergency? The only case I can think where this is really unreasonable is if the brain bleed started after she got into the car and she had not yet had an opportunity to pull over and call 911.
Like, it’s not reasonable to cite someone for having a heart attack while behind the wheel, but if you get into a car after having a heart attack and while you still can’t function, that’s kind of the definition of “driving while impaired.”
DWI stands for Driving While Intoxicated, not Driving While Impaired. The restriction in the law is against “intoxicating liquor, cannabis, or any drug”.
A heart attack is not liquor, cannabis or a drug, therefore, it is not reasonable to charge this woman with a DWI.
You’re right that in WA state, the laws regarding DUI tickets are specific to “intoxicating liquor, cannabis, or any drug.” That varies state-to-state, though.
In Washington state, the driver in this case could still be charged with negligent driving in the second degree, which includes any impairment. She shouldn’t be charged with a DUI, but she is still guilty of Negligent Driving 2 (which is a non-criminal offense), and I still think that if she’s driving in a way that is consistent with being intoxicated, it’s reasonable to be treated her as though she was intoxicated while they wait for more information. When you hear hooves, think horses, not zebras.
It depends on the state. Some states have laws for driving while impaired to take into account illegal and legal drugs. Some states have even extended impairment to include fatigue, which is a medical condition.
That charge could be dropped later when it was discovered the impairment was due to a random and immediate medical issue, but cops aren’t doctors.