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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
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
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.
5:00 AM News THE CITY OF ALBUQUERQUE WILL PAY A DIABETIC MAN
30-THOUSAND DOLLARS ROGER BROOKS SAYS A POLICE OFFICER
REFUSED TO LET HIM Time/Length: DRIVE HOME FOR AN
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,
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