Man arrested, charged with driving under the influence of caffeine

December 24, 2016

Still “vintage” coffee

After a man cut him off, an agent of the state arrested the man for driving under the influence in Solano County. [Guardian]

Even though a blood test provided negative results for alcohol, meth, opioids and cocaine, the Solano County District Attorney’s Office charged Joseph Schwab, 36, for driving under the influence. The only “drug” Schwab tested positively for was caffeine.

Under California law, if a person is driving under the influence of drugs or alcohol, even a .01 blood alcohol while the legal limit is .08, they may be charged with DUI and receive higher penalties for other driving infractions. The decision on who to charge for driving under the legal limit and for which other substances is determined by the arresting officers and prosecutors.

According to the California Vehicle Code, a person can be arrested for being under the influence of any substance that can impair a person’s ability to drive.

On Aug. 5, 2014, Schwab, 36, allegedly cut off a California Department of Alcoholic Beverage Control agent, who was driving an unmarked vehicle. The agent then determined Scwab was driving erratically and appeared to be intoxicated. Even though Schwab’s breathalyzer test showed a 0.00 percent blood alcohol level, the agent booked Schwab into jail and his blood was drawn.

The Solano County District Attorney’s Office then filed a misdemeanor driving under the influence charge against Schwab.

Schwab’s attorney has filed a motion for the case to be dismissed because the charges were not brought in a timely manner. If that motion is denied, a jury is scheduled to hear the case on Jan. 11.


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circlingthedrain

This is how a certain category of people behave: they “react” emotionally instead of engaging their prefrontal cortex. (There is a movie in the theater right now called “Collateral Beauty” and FINALLY people are starting to pick up on the fact they are being emotionally manipulated). Emotional manipulation typically works on those with an IQ of < 120–and timeshare marketers LOVE IT. Some people just go right to emotion–watch an old Jerry Springer show–and you will see this in action.


So: This crime happened over 2 years ago; August of 2014. And it is headed to court for a dismissal. And it was asanine that the man wasn't test for steroids. Other than that….this isn't really news….moving on….


ConfedOfDunces

This maverick is likely guilty of abusing his power, unlawful detainment and a host of other violations. In my mind it was the agent who should have been tested for DUI.


ratherbefishing

With no physical and eye witness (ABC guy doesn’t count)evidence, Mr. Schwab’s name and reputation are tarnished. The ABC agent and the Solano county officials should be named as well.


SamLouis

That ABC agent sounds like a real POS…


fhill123

Abuse of power? There are enough problems facing our nation. This ABC person needs treatment perhaps for anger issues.


Ricky2

Or a good dose of Prozac.


Black Copter Pilot

Totally bogus, fire this public servant.


r0y

Yeah, I’ve never been cut off by someone (nor have I ever cut anyone off)…


Is it just me that thinks this bureaucrat is abusing his position for his own petty rage? Yeah, I hate getting cut off, but some days it’s an a-hole, and other days, you are the a-hole. Move on.


I hope the guy counter-sues the shit out of the ABC thug.


Ricky2

“her” not “his” petty rage. Click the link to the source.


Frederick1337

Lmfao. This is the result of bad micromanagement. Fire the cop, fire the d.a. for picking it up. Save the tax payets some money.


ConfedOfDunces

Ultimate road rage.


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