Bodycam footage of Atlanta shooting of Rayshard Brooks

[Evergreen Emerald]

44. There would need to be changes to the law, and rules of evidence.

A DUI cannot be charged based on the breath test instrument used at the scene in most states. It is an investigative tool to establish cause to make an arrest. And a breath test given at the scene is insufficient for the proof in a criminal court without more evidence of dangerous driving. These are civil rights protections for citizens. I am not sure what the requirements would need to be met prior to towing a vehicle.

How about a mobile DUI processing unit? However, that would be very expensive if they have to travel to every DUI stop to complete the arrest procedure at the scene of the stop rather than at the station. Imagine if there are 50-100 DUI arrests a night in the state--that would be too expensive. Unless, I guess the driver would agree to pay for the additional cost of having it done at the scene rather than take a trip to the station.

However, lets look at the other side of the equation: For decades we have attempted to stop people from driving impaired. What more can be done? Education, criminalization, reduction of amount of alcohol consumed for a crime. I know in other countries, significant prison time is imposed for one DUI. Licenses are taken away forever. And they have few drunk drivers. Perhaps more draconian consequences are needed here too.

You suggest that a driver is not a risk except if he gets back in a vehicle. That is why they are arrested and prohibited from driving--to avoid that result.

You said black drivers are in fear of arrest--and that is why Mr. Brooks fought. Assuming you are correct, perhaps a citizen who watches the stop and arrest is included in the law enforcement team. An independent watcher who is present at the scene. I am not sure what authority they would have. If the reason the driver here fought was fear of arrest, perhaps knowing an independent watcher was present would put the driver at ease. Of course, that potentially puts the citizen in harms way if things go south.


"Dragging the driver to the station only escalates the situation." No. Taking the driver to the station allows law enforcement to complete the process and protect the community.

I am certain of we look at the whole of the circumstances, the current process in place, the decades long attempts to stop drunk driving, the safety of the community, we can address some of these issues. But, if we minimize the facts to support a certain position, it defeats the attempt to make meaningful changes.