posted on Dec, 27 2010 @ 09:29 PM
Originally posted by Exuberant1
Under the OP's system, our driver would have to be endangering people to be charged (e.g. using both lanes at once, driving the wrong way, steering
with his private parts or butt etc.). He has to actually pose a danger to people who are actually present.
The problem with that is, if the intoxicated driver crosses into the oncoming lane, an Officer could only issue a citation for Driving on the Wrong
Side of the Road. It is not an arrestable offense, at least in Texas. If the intoxicated driver veers into another lane or onto the shoulder, the
Officer would have to issue a citation for Failure to Maintain a Single Marked Lane. Again, not an arrestable offense, so the driver would have to be
So, what happens when the intoxicated driver is released, after an Officer has observed his/her inability to drive safely and recognized symptoms and
evidence of intoxication, then the intoxicated driver crosses into oncoming traffic, just a couple of miles farther down the road.... only this time,
it is head on into another vehicle? It would be unfortunate that the Officer could have saved lives, if only he'd had the ability to arrest the
intoxicated driver, rather than just write a ticket.