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Re: [IP] What is a Low?

At 11:10 AM 10/24/2002 -0700, you wrote:

>Your annual contribution will eliminate this header from your IP mail
>Has anyone actually be prosecuted for DUI when taking insulin?

Enough links?    The text following the links were extracted from the 
attached link.

Alcohol-related fatalities, a number grossly exaggerated, refers to whether 
any of the participants in an accident is suspected of consuming alcohol 
beverages, even the slightest amount, regardless of whether the person was 
the cause of the accident or not. When police accident reports are studied 
for contributing human factors in fatality cases, 11 percent are blamed on 
physical impairment. However, physical impairment includes not only being 
under the influence of alcohol, but also includes being ill, falling 
asleep, fainting, heart attacks, strokes, epileptic seizures, insulin 
shock, and other abnormal physical problems. Irresponsibility on our 
highways comes in many forms and impaired driving is only part of the 
overall problem.


Oftentimes, an unethical prosecutor will charge a citizen with not only 
driving while intoxicated from alcohol, but also driving under the 
influence of illegal drugs, prescription drugs or over-the-counter 
medications. This allegation is commonly made without any evidence of drug 
use, or even without any drugs being found (a "dry arrest"). Actual drug 
testing is not even required by the government for convicting a citizen of 
DWI by drugs or medications. Evidence that the medications have an adverse 
affect on driving ability may be completely lacking. It doesn't matter, the 
damage to the citizen has been done, and the seed of guilt has been planted 
in the minds of the jurors (if there are any), and even more importantly, 
in the mind of the single government judge. Even daily use drugs such as 
insulin, as needed by some diabetics to keep from dying, and to allow them 
to live a normal productive life, have been determined by the government to 
be deserving of a DWI conviction, even without alcohol use.


Medics suffer continuously as well as police officer. The Saturday night 
special, bring in DWI at least you think they are DWI but they happen to be 
a diabetic that drank a beer and blood sugar is so low they act like an 
uncontrolled drunk when in reality they need critical care right then.

* COMMON QUESTIONS ON DWI ARREST REPORTS What have you been drinking? How 
much? Where? With whom? What time did you start drinking? What time did you 
stop? Do you feel the effects of the drinks? What time is it now? Where 
were you going? Where are you now? When did you last sleep? How long? What 
have you eaten today? When? Are you diabetic or epileptic? Do you have any 
illness or injury? Are you under a doctor's care? Have you taken any 
medication or drugs? If so, what, when and how much?

Q. I want to ask you if there's any cases where somebody who hasn't been 
drinking is convicted of drinking? I mean really has not been...

A. Oh, yes. Certainly that happens. Yeah. You produce...There are lots of 
reasons why you may not do well, for example, in a field sobriety test. You 
may be 63 years old, arthritis in your joints, it's out on the side of a 
freeway with a sloped graveled surface. The only lighting at 2:00 in the 
morning is a flashing red-and-blue light on top of the car, police car, 
setting up a strobe effect--with cars zipping by at 60 miles an hour, 
hitting you with wind waves, high beams. The cop is using a flashlight. I 
can go on. The point is, very few people are going to be able to do this 
perfectly under those conditions. So yes, people do get convicted all the 
time for driving under the influence. Is there alcohol on their breath? 
There may be from one glass or there may be none, but you're emitting 
ketones on your breath or acetones because you're a diabetic or because 
you're on a severe diet or any number of other things that can give the 
false indication of alcohol on the breath. Thank you very much.

III. MEDICAL IMPAIRMENT/SAF-C 205.08 (formerly 204.08)
Harrison v. Beecher,02-E-116,(Rock.,Lewis,6/12/02) AFFIRMED
plaintiff is a diabetic having physical reactions, making him an unsafe 
driver; after hearing, license was suspended until he provided medical 
evidence that his diabetic condition was under control. On appeal, 
plaintiff wanted to provide such medical evidence to the court; Judge held: 
Under RSA 263:76, court could not consider new evidence, could only review 
the record as developed before the Hearings Examiner.

  5:46:06 / 00:16


Law: It's the law that the state prosecutor has to deliver to a defendant, 
and his lawyer, any evidence which suggests he or she might not be guilty 
as charged. This includes blood samples used to find out if a person was 
driving while intoxicated (DWI). Yesterday, a Durham District Court judge 
threw out a DWI case because the District Attorney's office failed to turn 
over the blood sample. The defendant said the blood would prove he was not 
intoxicated, but rather that he'd been having a diabetic reaction when he 
was pulled over.



Take what you like and leave the rest,

Jim S.
email @ redacted
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