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Opinion editorials Handling of Pit Appeal Calls for a Time-Out |
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opinion editorialsThis editorial first appeared in the Albuquerque Journal. It was written by editorial page staff and is unsigned as it represents the opinion of the newspaper rather than the writers
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Wednesday, October 28, 2009
Law Behind DWI Action
The idea that Albuquerque Police Department DWI officers are required to pop two drunken drivers a night is unsettling on several fronts. But it's not the reason our courts are full of drivers who blew less than .08 percent. The reason for that is state law.
Defense lawyer Ousama Rasheed says time and resources are wasted on weak cases in which a defendant's breath-alcohol content is lower than the state's presumed level of intoxication. He may be right. But he's wrong to lay the blame at APD's policy door.
One look at the jury instruction in this month's infamous Carlos Fierro DWI case shows no mention of that .08 percent everyone wants to rely on. Instead, it says “a person is under the influence of intoxicating liquor when as a result of drinking such liquor the person is less able to the slightest degree, either mentally or physically, or both, to exercise the clear judgment and steady hand necessary to handle a vehicle with safety to the person and the public.”
'Slightest degree.” That should strike fear in the hearts of people who like to have a glass of wine when they go out to dinner or a beer during the game.
There's no question APD needs to re-examine its long-standing two-busts-a-night policy. Officials can call it a performance standard, but it's a quota.
There's also no question if New Mexicans or the defense bar have a problem with prosecuting drivers who blow under .08 percent, they need to complain to the Legislature and get the state law changed.
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