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  1. #1
    Join Date
    Apr 2017
    Posts
    1

    Default What Evidence Do the Police Need to Charge You With Impaired Driving

    My question involves law for the state of: (any)

    I was having a discussion with a friend that if a person is tired at night and driving slow, he felt that the policeman can give someone a summons for being a risk (perhaps impaired driving)

    My thoughts were there needs to be an actual violation (ie drinking/drugs/texting or some other kind of test) and tickets cant be given subjectively.

    Im curious who is right?

  2. #2
    Join Date
    Jul 2010
    Posts
    7,603

    Default Re: Impaired Driving

    It depends on the jurisdiction involved and full facts. The exact charge would vary but I'm sure every jurisdiction has something they could charge a fatigued driver with if necessary.

  3. #3
    Join Date
    Sep 2010
    Posts
    18,997

    Default Re: Impaired Driving

    There is no state of "any."

    Being a "risk" no.

    However, driving excessively slow can be a violation.
    Driving while drowsy/fatigued is a violation in many states. Other states will consider operating in a fatigued state to justify a careless/reckless/etc... violation.

    Much of the analysis of impairment is indeed subjective.

  4. #4
    Join Date
    Jul 2015
    Location
    Florida
    Posts
    301

    Default Re: Impaired Driving

    An officer has to have evidence constituting probable cause to believe the crime cited has been committed. Any crime. Analyzing the credibility of that evidence is indeed subjective, which is why juries make the final decision beyond a reasonable doubt. The idea of objective probable cause is a fallacy, but it's the best the law can come up with.

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