Driving sober? You're under arrest!

[Jesda]

http://gawker.com/man-with-bac-of-0-00- ... -512225776


"Jessie Thorton, a 61-year-old retiree, was arrested and charged with DUI in Arizona despite having a blood alcohol level of 0.00."


"A drug recognition expert was called in to examine Thorton. The expert eventually determined that Thorton was completely sober, reportedly telling Thorton. “I would never have arrested you.” The expert wrote a statement, saying, “...in my opinion Jessie was never under the influence of drugs or alcohol.”

By that time, Thorton's car had been impounded and the Arizona MVD had been notified of Thorton's DUI arrest. "I then get this message that my license is being suspended and I have to take some sort of drinking class or something," said Thornton.

Thorton was eventually released from custody to his wife. The DUI charge was later dropped, but Thorton has filed a notice of claim against Surprise for $500,000. "This is a case of D-W-B, driving while black," said Thornton's attorney Marc Victor."

[elwesso]

I could understand if this was a boat, but in a car????

It was my impression that whenever you're on a boat (especially driving one), the "limit" they call 0.08 is the *minimum* BAC you're allowed to have, right?????

[Xdisaster240sX]

I so sick of these raciest statements. " driving while black"? Give me a F**king break. If thats the attorneys official statement he needs lose his job. That guy should be detained for being a dumbass

I was just looking at his record. Hes been pulled ove for broken taillights, Failure to signal and a DUI. Not this one. Im calling BS on this whole story. I didnt read anything about an open investigation on the arresting officer, which there would be if he arrested someone one on false charges. Also, The title says that Jessie Thorton WAS charged. Which he wasnt if the CHARGES HAVE BEEN DROPPED.

Im not sayin Thorton is guilty or innocent, Im just furious about the raciest accusations made and the story that doesnt make much sense to me. I dont see him getting $500,000 from the state but hey, crazier thing happen.

[Jesda]

His record is entirely meaningless in the context of the incident. They arrested a stone cold sober man.

Inexcusable no matter what. He deserves an apology at minimum.

[Xdisaster240sX]

I agree. I was reading his record to see if he was ticketed 4 time prior to this as he stated. Which he was. Like I said, Im not hating on the guy. I dont care if he got pulled over for being to sexy. I just dont like seeing the race card being used so quickly especially by a layer who should be smarter then that. If there was an open investigation against the officer, I would think otherwise...Just my 2¢

[Jesda]

The police department has no motivation to investigate itself. I wouldn't use that as a gauge of anything.

[PapaSmurf2k3]

I'm not sure if they do this on the spot or not, but I think they check to see if the person has been charged/wanted/found guilty of any violent crimes/something that may put the officer in danger.

Still, that doesn't really apply to this situation. They shouldn't arrest the guy for a DUI just because he's had one in the past.

[Dattebayo]

According to a class I had to take years ago, driving when very tired and DUI are legally impossible to distinguish from each other barring the Breathalyzer.
The reasons as to why the cop who tested the old man didn't trust in his training, equipment reading or have another officer verify by using another device is where the the lawyer gets his racism ground from. It could work given the unknown element as to why officer dum-dum wouldn't cover his own as$ by following a simple logical progression, and ultimately the course of action is up to the client, anyway... The quoted statement makes the cop look like a rookie and this was one of his first DUI arrests.

[Bubba1]

My first thought when I saw the article was that it seems that the town's name seems appropriate for the story. SURPRISE!!!

the officer obviously made an error, as it was later confirmed the man was sober. Dattebayo's theory of being tired certainly seems plausible and it very well may have nothing to do with racism, but at the end of the day, regardless of the explanation or the man's past history, the police department owes that man an apology at the very least.

[themadscientist]

They would be paying off my mortgage by the time my lawyer was done with them. Totally unacceptable. As far as the racist angle, I don't buy that. I think we are dealing with garden variety power tripping and intense stupidity. Until cops start getting punished for playing fast and loose like this it's never going to change. Do that crap to me, we'll play, and our lives will take significant directional changes. I will dedicate mine to destroying yours. Your children will know my name.

It's a shame that the professional law enforcement officers have to have idiots like this making the profession look bad and stoking bad PR for them. the job is tough enough without people having this concern overshadowing their interaction with law enforcement.