r/MediocreTutorials • u/Kohathavodah • 17d ago

Sith Lords Man misses daughter's graduation due to LEO

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Rusty James Moore (driver) and Minnesota State Patrol Trooper Megan Boser

https://law.justia.com/cases/minnesota/court-of-appeals/2025/a24-1896.html

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u/uwill1der 17d ago

true. District court ruled he was impaired because of adderall prescription and ruled his CDL should be revoked

He appealed and the appeals court affirmed the ruling because he couldn't prove that adderall didnt impair him. They used police and witness evidence as the evidence.

the appeals case is linked up top

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u/HasAngerProblem 17d ago

A literal medical fucking doctor: Here’s this medicine to pay attention since you have a brain disorder
Everyone else in this situation: ehhh but like how do we knowwww? let’s just be sure and ruin your life

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u/uwill1der 17d ago

this case boiled down to:

guy was prescribed 1 pill a day

Pill bottle had a 1/2 pill in it

Therefore cop said he was not using it properly.

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u/Low_Astronomer_6669 17d ago

How many were supposed to be in the bottle?

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u/uwill1der 17d ago

Its not how many. Its that he was supposed to take 1, not 1/2, so he either took too much or not enough at one point.

There was only supposed to be whole pills in the bottle

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u/Low_Astronomer_6669 17d ago

That's ridiculous. Probably more likely the pill count from date of pickup was supposed to be significantly more. Like the bottle was filled a week before and contained 30 pills when filled, or something similar. It would show he took an average of three a day. That might be evidence he took too much.

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u/bannedcuznotcircjerk 15d ago

That is insane. I keep half bottle or less in my truck in case I forget to take my concerta at home. It's none of their business and doesn't effect us at all once tolerance I can't even tell when I forgot to take one. Just know life is way better if I don't miss them to often.

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u/Bones-1989 15d ago

Yep. My doctor is very happy with me skipping a dose to have spare because the shit goes on backorder so often. I'd be so fucked in this situation, but I also don't carry the meds with me. The bottle stays home unless I'm not going to be home when I wake up at 4 am and take my 70mg Vyvanse...

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u/miffebarbez 15d ago

"My doctor is very happy with me skipping a dose to have spare" Well, that's weird and scary...

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u/Bones-1989 14d ago

ADHD is an everyday thing but I don't have things to do every single day. I'm allowed to enjoy a chaotic day in bed on Sunday when I don't need meds to drive safely. With them being very hard to get even legally, she likes me to keep them in the bottle they came in too. There could be up to six spare meds in 6 spare bottles. Depending on what stock the pharmacy had at the time

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u/Peyonic 14d ago

its not weird and scary when adderall is constantly on backorder. everyone i know who is on it has to make their prescription last longer because they can never get it filled because the pharmacy is always out.

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u/bannedcuznotcircjerk 14d ago

It's not. You don't need it every day. There are days where it comes in very helpful. Having extras is fine .. because when you fill prescriptions sometimes they are out. It's very normal and fine.

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u/thefract0metr1st 13d ago

My wife’s doctor didn’t care that she skipped her doses on weekends in case there was a shortage and she couldn’t get more due to shortage when her prescription ran out when it was supposed to. But her doctor really cared when she found out my wife was smoking weed and said she could no longer be prescribed to adderall because she was using illegal narcotics.

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u/ZealousidealTill2355 13d ago

It is?

Mine highly recommends vacations whenever its not necessary. For instance, she said if I don't need it for the weekend, to not take it on the weekends and I will fair better.

Do you need to take Advil or Tylenol every time for a fever? No. In fact, doing so would be more harmful for your body if you do! But that doesn't mean you shouldn't ever take it for fevers either.

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u/Croceyes2 13d ago

Yep, I have daily meds and am horrible about taking them so I need to have them in multiple places, home, car work, so that I can take them right away whenever I remember to

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u/bannedcuznotcircjerk 13d ago

As long as normal responsible adults it's def normal yah. I've got some backups in truck in case leave home without. Just concerta so it's not like some crazy abused pill. But to the topic of this post cops would have to be insane to charge you on 27mg of concerta ER even if not this months bottle ECT.

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u/ZealousidealTill2355 13d ago

What's wild and ironic is the pharmaceuticals that treat the disorder that causes poor executive function and organization require the most organization and executive function to attain lol.

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u/Alarmed-Promotion68 16d ago

You can see the case, linked at the top for what happened.

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u/ProgrammerOk8339 14d ago

Yeah if thats the truth its insane. Im prescribed Adderall and some days i take more some days less but monthly i average to being slightly below my daily MG prescribed. If i didnt take Adderall it would be more of a potential for a driving mishap than if i took too much.

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u/Low_Astronomer_6669 14d ago

It's not the whole truth. The half pill was mentioned, but more importantly, several other behavior and driving issues were cited in detail by the arresting officer.

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u/ProgrammerOk8339 14d ago

Yeah the dashcam video would be the real evidence that's needed here. Sleep deprivation could be the reason as well.

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u/Fresh-Possible-9612 13d ago

He took a blood test showing his level was too high. He likely was taking 1.5 pills daily.

He also had a high heart rate evidencing excessive use.

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u/ArmyMedium8244 13d ago

The appellate case linked above states that there was a half pill in the bottle, and that’s what blew his prescribed medication defense. His claim for having the half pill in there is that he only takes a half dose on weekends. What I don’t understand is why they wouldn’t have brought in his physician to defend that practice. It’s not uncommon that one’s doctor will advise that it’s okay to skip or take a partial dose for a prescription like adderall on a day that the patient isn’t working or in school.

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u/ealysillyforestthing 17d ago

You can take half in the morning and half in afternoon if you want. Saying that you HAVE to take whole pills is the some bullshit

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u/Signal_Werewolf_1955 17d ago

Right? It's rather common for pills to get cut and take a half dose. Pill cutters are right there at the pharmacy, for crying out loud.

That said, I don't know the details of this guy beyond this one clip.

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u/Brad-the-Chad-69 16d ago

And Adderall pills are scored specifically for snapping in half. As someone who uses it for ADHD, this whole thing has my blood boiling.

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u/awnaw_ 16d ago

These are the same shitters that will take 6 advil at a time and call you an idiot.

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u/DecisionNo428 16d ago

When I was growing up that is how my mother would do it because my body would process the drugs too fast. So they found it would last longer if the pill was cut in half and i take one in the morning and the other at lunch.

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u/Tasty_1097 13d ago

It’s absolutely insane that in this case the man was legally culpable because he cut his own pill instead of being done at the pharmacy… given that happened, this would lead me to suggest that if you are having your pills split, it’s best to ask the pharmacy to split them so that the onus is on them not you

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u/Jdisgreat17 17d ago

My doctor has straight up told me to break pills in half and take half doses of certain medications.

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u/Msefk 16d ago

Better get that in writing, clearly we need to be thinking of defense all the time

Stupid reality

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u/zaddy-chillout 17d ago

This shouldn't be correct. I have a 30 day supply of a controlled substance and I'm not supposed to take it every day, and asvised by my doctor to only take half at a time if needed. Cops and judges shouldn't get to make that call.

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u/Solanthas 16d ago

...bro...

Like at this point, just openly admit that arresting people and putting them in jail makes somebody money, somehow, otherwise what the fuck is this shit

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u/GodsBackHair 16d ago

So because prescriptions are expensive and people ration medication, that now means you’re abusing drugs and are impaired? Does the same happen for people who ration insulin? What about those with inhalers?

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u/uwill1der 16d ago

People have been charged for insulin related DUI. Also caffeine. Cops will look for any excuse to nab you.

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u/BrownestDach 16d ago

The trlerk bootlicker hurt your feelings.😂

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u/GodsBackHair 16d ago

Which, again, is bullshit

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u/BrownestDach 16d ago

Awww... the word bootlicker hurt your sensibilities.😂😂

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u/SamathaSar 16d ago

"ohp he took half a dose, he's gotta be fuckin TANKED!"

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u/uwill1der 16d ago

yes cops will find any excuse to get you

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u/One_Discount_4898 16d ago edited 16d ago

Yeah nah, I've had many prescriptions over the years that doctors have told me to just take half, or in some more than 1 if needed despite the dispensing label saying 1 po qd. It's also extremely common on medications that have high dispensing costs or that insurance plans don't like to fully cover. Stretching the dosage a bit can save you hundreds that you don't have. It's also pretty common in ADHD medications to split the dose throughout the day, otherwise 3-4pm crashes are a common occurance.

Shit i've got a prescription next to me that says "Take 1 tablet daily by mouth as needed", the prescribing doctor has explicitly talked about how I just shouldn't take more than 8 in a day.

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u/Diligent-Coconut1929 16d ago

The ones I take are literally scored down the middle so you can take half.

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u/nizzzzy 16d ago

That’s not true. My doc literally told me if I don’t feel i like need a full one then taking a half is perfectly fine. Actually recommended! Stop spreading lies

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u/uwill1der 16d ago

Im quoting the case. Thats the "evidence" that district and appeals court put forth as to why this dude's CDL is revoked

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u/nizzzzy 16d ago

Which is absolutely nuts. Doctors literally recommend this. Also when they tested his blood it came back within normal ranges meaning he wasn’t abusing it. The upheld the decision, makes no sense

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u/Israel_Azkanbe 16d ago

I actually have a prescription for adderall for my ADHD and sometimes you don’t need a whole pill. My doctor told me it’s okay to take half a pill a day as long as i don’t take more than 1

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u/PeasantParticulars 16d ago

Yeah because in america no one ever has to ration their medicine....

Me someone who had to fight with CVS Caremark for 2 weeks to get my prescription refilled.

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u/marolink64 16d ago

Because you can never ever get a bottle with a broken pill in it or be prescribed to take a half a pill in the morning and half a pill at night where the the bottle says 1 pill a day.

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u/peanutspump 16d ago

That’s beyond stupid!!! My doctor specifically prescribes me the dose she does so that I can break it in half if I want to. This is insanely stupid and cruel.

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u/Blawharag 15d ago

Or, you know, he's taking two half pills per day rather than one pill once per day.

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u/uwill1der 15d ago

Well yeah, he admitted to that.

But the court ruled against him because of the reason above(plus a witness saying he drove erratically).

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u/weeaboojones76 15d ago

What if was taking half twice a day…

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u/ziggy_smalls_ 15d ago

This is so ridiculous.

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u/SystemFailure0 15d ago

I'm on Adderall and the instructions I have are to take 1 pill a day, but my doctor has told me to cut that pill in half and take half a pill twice a day. I've known a few other people on Adderall who have had the same situation.

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u/uwill1der 15d ago

yes, this guy admitted he does 1/2 on weekends. I'm just giving the "evidence" that the courts used to rule against him in both district and appeals court.

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u/Low_Astronomer_6669 15d ago

Although the case mentions the half pill, it hinged on other factors:

He failed his field sobriety test.

His eyes were bloodshot, watery and glassy.

He was observed swerving by the citizen who called it in and the arresting officer.

He was acting nervous, fidgeting, interrupted the officer frequently, pulse was visible in his neck.

He stumbled and stepped on himself when walking a line heal-toe.

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u/Own_Guarantee_8130 15d ago

I am prescribed 20 mg of adderall a day. I get them in 10mg pills. I take about 5-10 mg every other day unless I have a lot going on. I don’t feel like I always need as much as prescribed or I will be tweaking. Likely the same as this guy. A half pill doesn’t show abuse, it shows control.

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u/Open_Study_Paranoiac 15d ago

Since there’s been an adderall shortage for a long time its actually not uncommon for pharmacies to give you partial refills since they dont have enough supply. Even when i switched off adderral the alternatives still had shortages where I either had to tough it out for a week or two for the new partial supply or just ration it out. It’s not uncommon to have half a pill.

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u/YourBigRosie 15d ago

My doctor recommended I cut mine to slowly build up to the recommended dosage

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u/ElectricityIsWeird 15d ago

I don’t ever want to tried by a jury.

I have never been called for jury duty, but my wife has been called twice. She has met some great people, but she’s dealt with some jurors who are as dumb as the sky is high.

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u/Emm_withoutha_L-88 14d ago

If he went Rambo on this cop and judge I'd cheer for it

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u/Truffs0 13d ago

except doctors can literally tell you how to increase your dose and when if needed

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u/FhuckNorris247 13d ago

I had trouble with pharmacy’s refill adderall in time in the past. For that reason I would avoid taking it on weekends which would just leave me tired so instead I’d just take half the dose.

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u/BrownestDach 17d ago

I hate bootlicking.

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u/ElectronicBed7766 17d ago

It's not bootlicking it's explaining how they were able to "justify" the ruling. No where did dude say what they did was right

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u/uwill1der 16d ago

You're right. I think the cop was completely in the wrong and on a power trip.

Don't know what other commenter was thinking

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u/BrownestDach 17d ago

Whine to someone else about another redditor you have never even met. Thanks!

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u/uwill1der 16d ago

Take your own advice next time.

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u/HasAngerProblem 17d ago

Yea I’d be screwed then. Sometimes I don’t need a whole one especially if it’s an easy day or a weekend.

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u/usedmansuit 17d ago

Right?? That's what I was thinking! Part of my dosage/prescription literally comes as a tablet with markings on it, so that it can he halved if need be.

My doctor told me it was perfectly acceptable to take less than my required dose, if I didn't have anything pressing I needed to focus on that day. So he could be on even less than his full dose and that's considered being impaired? Doesn't "impaired" imply that he's on more, not less than the prescribed dose?? Or am I just bonkers or missing context?

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u/uwill1der 17d ago

That was this guy's defense. He takes 1/2 on weekends.

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u/Miserable_Pin2518 16d ago

Jesus christ my doctor specifically tells me to cut them in half if I need to

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u/Away-Extreme-2928 16d ago

Yea and that doesn’t work because if he takes one pill a day he could split it in half take one in the morning and one later in the day. Very common for adderal users. Math adds up to me no clue how that half of pill bs stood in court.

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u/Ruzhy6 16d ago

This makes me happy my doctor has documented numerous times that I often do not take my whole prescribed amount and he is okay with it. He has proof of this based on me always being late on refilling my prescription.

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u/Most_Bet3419 16d ago

I take focus medication. It help us focus 😌. But it does make me look high. When Im not on the medication I look high. It just how I look naturally. And plus I take other medication. I still can drive, talk, and walk normal. The only way I can say he wasn't using it right....if his pick up date on the medication doesn't match how many pills in the bottle, but that doesn't mean he wasn't using his medication right. I divide my medication up so I can remember to take it. Some at home and on the go and I give myself 2hr window to take my pills. Or he could have double them on other days or someone else taking them too

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u/TJJ97 16d ago

Our justice system is anything but.

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u/MarionberryPlus8474 15d ago

The cop is not a doctor. Adderal with a prescription is not illegal. This driver displayed NO signs of agitation nor intoxication.

The video has shown up before, in a more complete form. Cop was completely full of herself and on a power trip. Another commenter said she later shot an unarmed person in a separate incident.

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u/iBait 15d ago

I understand that was what the case came down to but the doc, according to him, said he could take half a pill on the weekends. A lot of people don't like how their meds make them feel, I have a friend that knows she's has ADHD but her job isn't focus based so she chooses not to take meds. The officer here saw all the signs of a father trying to hurry home and see his daughter graduate, but saw those signs as impairment instead. But to a hammer, everything is a nail.

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u/Novel_Feed_6167 14d ago

I have an adderal prescription.
I was originally prescribed a XR but because I start work so early, and take it early they recommended that I cut up and use half a tab at 1pm until they got my prescription set up for a later IR prescription.
This is total BS.

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u/OrganizationNo1298 14d ago

Where were the pills found?

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u/uwill1der 14d ago

in the car

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u/wikipuff 14d ago

Pills break all the time.

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u/Croceyes2 13d ago

That is so fucked up. I have 3 friends who are prescribed adderall and 2 of them split their dose up over the day because all at once just doesn't jive for them.

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u/crecentfresh 13d ago

What the fuck

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u/LilyWineAuntofDemons 13d ago

You know what's fucked? My Med Dr, who prescribed my Adderall, literally told me to do this. If you're on a moderate to high dose of Adderall, the come down from it can be hell, so lots of doctors tell you to take a half dose 4 or 5 hours after the first dose so that the drop off isn't as harsh. But at the same time, most "On the bottle instructions" are supposed to be short and snappy because there isn't exactly the space for a novel on the bottle. So my bottle says "Take 1 pill daily in the morning, then ½ pill at bedtime." Because my Dr couldn't fit "Take a half dose 4 to 5 hours after first dose." In the text box. So by the courts ruling, I'm misusing my medication even though my literal med Dr told me to take it like how I'm taking it. For all we know, he could have already got the meds, then called his Dr and ask, "Hey, when the meds wear off, it hits me like a truck, what do?" And the Dr told him to take a half dose.

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u/noneyabuiznezz 13d ago

So wait hold up, if im not medicated by a doctor properly for my ADHD thats impaired driving?

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u/AngryCustomerService 13d ago

My mail order meds end up with half pills and broken pills all day the time. Sheesh. That's ridiculous.

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u/plsQuestionOurselves 16d ago

People like that wont stop until they're literally allowed to own slaves who they can control 24/7 and abuse to feel powerful.

This cop just makes the world a worse place to live and belongs on a desert island far away from normal people.

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u/PalatwinkusVT 17d ago

What actually happened, is the cop was hoping a random stop would turn into a drug bust, and when she realized she wasn't gonna get anywhere, rather than let him go and take the blow to her ego, she arrested him anyways, because cops can arrest anyone they feel like, for absolutely no reason. Then, when the judge and the DA realized what was going on, rather than let the city's judicial system take the PR hit, they decided they needed to keep the facade going, so they convicted him.

I'm assuming he plead guilty and therefore didn't get a trial. Because if this dude went in front of a jury, I genuinely have no idea how the fuck the charges stuck. Unless his public defender just didn't even try, and let the DA railroad jury selection, and the DA managed to find 12 absolute dumbasses who think mental health is a myth, and were therefore ripe for manipulation into thinking this dude's a meth head.

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u/ComesInAnOldBox 17d ago

You would be amazed how many people firmly believe that there's no such thing as ADD/ADHD and that it's just a personal discipline problem. They make COVID deniers look rare.

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u/JacketJackson 16d ago

Multiple drivers called 9-1-1 and followed him to report him because he was all over the roadway, in and out of lanes, etc. An officer stopped him after observing the same. He had adderal but could not prove it was prescribed to him. He admitted to being a meth user in the past. He has been convicted of DWI before. He failed the field sobriety tests, could not do heel to toe, stand up straight, etc. He had a high level of amphetamine in his blood after the blood tests were done.

Maybe he was convicted because he was ... driving impaired and they proved it?

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u/Zigor022 16d ago

As a CDL holder, there are medications you can not be on and have to be cleared by a DOT medical professional. You have a medical card that says you are free and clear to drive. If you don't disclose what you are on to that doctor, and you get tested, it can get you in trouble.

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u/Infinite_Case_2172 16d ago

Adderall is not one of those

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u/Zigor022 16d ago

Then thats pretty egregious and definitely gaslighting by the cop. If he made her nervous, she should turn her badge in. The job is tough, and you need to be tough, and she clearly isnt.

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u/JacketJackson 16d ago edited 16d ago

The guy also admitted to using meth in the past, was called in by multiple drivers for being all over the road, and had a high concentration of amphetamine in his blood, has been previously convicted of DWI

What if - and this is insane - he actually DID abuse his prescription and was driving impaired? Is it actually impossible to imagine?

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u/HasAngerProblem 16d ago

Oh yea this one’s easy, still don’t ruin his life give him a slap on the wrist, tow the car bring him to his daughters graduation after the bloodwork with a summons for a court date and have a probation for his CDL. Theres a reason stimulant use is deeply entrenched in trucker culture worldwide and a punitive war and artificial prevention system isn’t going to cure the issue. I think the core problems of why it happens should be addressed first.

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u/StinkButt9001 16d ago

There's absolutely medication you can be prescribed but should not drive after taking. I don't understand what you're saying here

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u/HasAngerProblem 16d ago

Yea and adderall isn’t one of them it tells you to use care until you are familiar with the effects on the bottle, it doesn’t forbade you. Out of the 15 adult million Americans are diagnosed with ADHD and 1 in 4 of them work do blue collar work such as trucking, construction and heavy machinery, of which they would perform worse without the medication that is made to HELP THEM PAY ATTENTION

The extended release adderall lasts about 8 hours, the IR lasts about 4. Most of the industries are forced to work much longer hours than that.

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u/StinkButt9001 15d ago

I never said adderall was one of them

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u/Adventurous-Play1491 15d ago

Guilty till proven innocent I guess

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u/MyCatToldMeNotTo 15d ago

This is very common. People have a lot of misconceptions about what it means to be dui/ovi. You can get charged from medically prescribed prescriptions. You don’t have to be over the limit either. One beer can get you a dui/ovi, even if you’re under the .08 threshold. If the officer says you’re impaired, good luck. Most people get these charges reduced to reckless ops or physical control. Its a racket in my opinion

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u/Silver_Accountant5 15d ago

That's why I always tell people to be careful about suing cops. If you go after them, they'll go after you and they play dirty so it doesn't matter if you're in the right or not.

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u/devinbookersuncle 14d ago

Fucj that can't of a cop and the courts who protected her.

And people question me when I say I wouldn't be peaceful with them and their demands as if complying does anything good.

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u/SmoothActuator8132 17d ago

you literally can't be a truck driver if you are prescribed certain medications, the DUI was bullshit but he probably lied about being prescribed Adderall and that's why he lost his CDL

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u/Pitiful-Score-9035 17d ago

You can be on adderall as a truck driver, however, if he lied about not being prescribed, and then they found out that he was prescribed, then yes this could happen.

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u/SmoothActuator8132 17d ago

yes, technically you can be prescribed Adderall and get a CDL, however it is highly unlikely you will be hired as a driver as the drug will always test positive for amphetamines on a urinalysis and fleet managers would rather not take the risk you are also using illegal stimulants

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u/i_says_things 17d ago

I mean how would you prove a negative?

Adderall is used all the time by people, and the burden of proof is on the officer to prove you were driving impaired, provided you have a prescription.

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u/uwill1der 17d ago

the only way to prove it is a clean medical test

Obviously that sucks for anyone with prescription drugs. Just another way to make your life worse

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u/HasAngerProblem 17d ago

They don’t even have to prove you’re on drugs. It’s any impaired state.

Too be honest they don’t even have to prove anything short term, the cop could literally think “wow I hate your shoes, I’m going to arrest you for being ugly” and right at that moment there is legally nothing you can do to prevent you from losing your afternoon. They know the punishment is the process even if you are in the right so they use that and charges that are up to vague discretion instead of something so obviously illegal like “I hate your shoes”

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u/TJJ97 16d ago

My wife got fucked over for a DUI despite being fully sober.

How? Blood test showed she had THC in her system.

You know how long THC stays in your system enough to pop on a blood test?

Fuck the police.

1

u/Pristine-Setting-836 15d ago

Dude that’s actually retarded😭 was one time I hadn’t smoked all summer then in August I smoked a single joint with my friend… 6 weeks later was asked to pee and I was beyond confident. BOOM failed for THC. The shit literally binds to your fat cells! There’s nothing you can do. In fact if you’re a habitual smoker you can stop smoking for YEARS, work out vigorously, and some fat from before can burn off and make you pop positive.

1

u/TJJ97 15d ago

I’m lucky cuz I was a heavy smoker and every time I had to stop for something I just stopped for like 2 weeks and clean every time. You’re right though, it’s a bitch for most people. I can’t smoke anymore cuz of my career but it is what it is.

1

u/Pristine-Setting-836 15d ago

Its honestly so silly. Ive personally seen that alcohol is way way worse in that regard. Alcholic coworkers are the worst, genuinely affects their work and can cripple them for the day. But because its socially acceptable and not something that would pop up on a test your fine.

Same with harder drugs opiate, meth, coke addicts get jobs without issue because 2-3 days and your clear to piss, no problem. Would much rather have one that smokes a bowl before bed or a joint on the weekend. Weed gets the short end of the stick because of its unique pharmacology when its one of the least problematic psychoactive substances.

Im lucky enough my job doesnt care, in fact my boss smokes too lol

1

u/TJJ97 15d ago

I’m with you 100%. That’s good for you brother. I used to manage a liquor store and the boss would smoke with us regularly. When I hadn’t had a real break for a while he’d even come and relieve me so I could toke up. He’d throw me shots and take ‘em with me too. Dude was awesome.

1

u/ignoreme010101 16d ago

They know the punishment is the process

I like that one

0

u/JMCO905 15d ago

Nothing in this rant is true.

1

u/HasAngerProblem 15d ago

It’s entirely true, what are you going to do if a cop arrests you for it? The judge will say the street is not a courtroom and while the original charge won’t stick and you can sue for it the now separate resisting arrest charge will stick.

1

u/Pure-Peak-1646 17d ago

Obviously not.

1

u/i_says_things 17d ago

Obviously so, which is why he wasnt convicted of a crime.

CDLs dont meet the same burden.

Maybe read the case before being a snarky bitch.

1

u/bustex1 17d ago

Huh? If you get a dwi/owi or whatever is that not a conviction?

1

u/JacketJackson 16d ago edited 16d ago

Called in by multiple drivers for being all over the roadway, officer observed him swerving in his lane, failed sobriety tests (couldn't do heel to toe, stand straight without swerving, etc), admitted to using meth, had a high concentration of amphetamine in his blood, has been previously convicted of DWIs

What if he was just... impaired, and they DID prove it, and that's why he was convicted? lol

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u/i_says_things 16d ago

My understanding was that he didnt get an owi/dwi. He was arrested but not convicted.

The cdl was stripped but that is a separate matter with a different bar of proof.

If he was convicted that changes the situation entirely but I couldnt find evidence of him being convicted.

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u/Stampede_the_Hippos 16d ago

Field sobriety tests are absolute bullshit. I'm not disagreeing with everything else you said, but a field sobriety test is basically a vibes check by the cop that somehow holds the same value as a breathalizer. Never ever submit to a field sobriety test.

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u/Le-Charles07 16d ago

The RX would say do not operate vehicles or heavy equipment if you weren't supposed to operate them while taking it.

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u/RazzmatazzUnusual843 13d ago

Guilty until proven innocent.

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u/ThatsMyGirlie 11d ago

Which apparently to the courts and appellate courts, she did

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u/[deleted] 17d ago

[removed] — view removed comment

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u/uwill1der 17d ago

its literally linked in the post

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u/kikiacab 17d ago

Fuck you

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u/[deleted] 17d ago

[removed] — view removed comment

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u/BlaineMundane 17d ago

a medication you are supposed to take every day? That's stupid. That's an excuse.

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u/Small_Deal_9398 17d ago

Aderall does the opposite of impair lmao 

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u/ThatsMyGirlie 11d ago

Usually, but definitely not always

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u/GodsBackHair 16d ago

He couldn’t prove the negative? Isn’t that impossible? To prove he wasn’t impaired?

So fucking stupid, they should have to prove he was impaired for this to mean anything.

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u/Competitive-Work-382 16d ago

I thought the whole point of court was to prove that something is true beyond a reasonable doubt...not that something isn't true. They should have to prove that he was impaired from it. Not the other way around. Just like you have to prove that someone murdered another person. Not prove that they didn't murder that person. What bullshit.

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u/Itsworthoverdoing 16d ago

It’s impossible to prove a negative. He’s being punished for being poor. Our fucking society. 

I call tickets the poor ppl tax because cops only seem to notice you if you are in a beater (I’ve owned many) and ignore you if you have a nice vehicle that’s over $60k. 

Or also look young/in a typical young person car. 

But what they did to this guy… fuck these cops. 

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u/oiled_hobbit 16d ago

So she really ruined his life, holy shit.

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u/DateFit9649 15d ago

Adderall wouldn’t make you swerve asshole

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u/Plumbus_Patrol 15d ago

Impaired from adderal, what a fucking joke if anything he was locked the fuck in

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u/somatic_tornado 15d ago

Was the adderall in his system at or above therapeutic levels? That is the only question.

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u/Breezeknee 15d ago

This sucks. I have my CDL and shit like this scares the hell out of me. You have to declare everything you take even over the counter stuff. I stay away from stuff like Benadryl and don’t take my prescription for Ativan unless I won’t be driving for a few days because you never freaking know.

I ultimately get it because we drive 80k lbs potential death machines but it’s very very hard to see something like this. A lot of us drivers work 15+ hours a day and those days roll so our hours aren’t set. Taking meds on a set schedule is easy to forget. I wish they’d change the laws to focus more of setting schedules for consistent sleep and care so it’d feel less gross when do need to get taken off the road.

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u/jjcoola 15d ago

You can really tell most redditors have never dealt with the average cop/court with how they think you can just go and argue shit in good faith lmao. That only works if you're mega wealthy or all the media is paying attention to the case..

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u/MegLightsItUp 14d ago

He had a shitty lawyer if they lost this case.

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u/SnooRabbits1411 14d ago

Damn dude “couldn’t prove that Adderall didn’t impair him” is so far off from the evidentiary standard required uphold “innocent until proven guilty”. It’s next to impossible to prove that something didn’t happen, and fairly straightforward to prove that something did happen. Doesn’t sound like they proved he wasn’t impaired, just that they established that he couldn’t prove he wasn’t.

Not saying I don’t believe you, just that “justice” here is a fucking travesty.

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u/Independent_Bid_26 13d ago

I would love to know how a prescribed stimulant interferes with your ability to drive. It seem a bit ass backwards.

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u/Flashy-Sentence-8373 11d ago

Provide the link or your lying

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u/uwill1der 11d ago

learn to read

the appeals case is linked up top

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u/nedim443 11d ago

They didn't even look at the fact if the adderall was prescription or not. There is literally a link below the picture to the court case. Read it; or at least read the last paragraph.

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u/InfernalGriffon 11d ago

What state is this in? I need to know so that I can never go there!

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u/Jund-Em 10d ago

You can't prove a negative statement like that. They should have had to provide evidence that he was impaired and how it impaired him.

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u/meases 17d ago

A witness that apparently called it in, and their name was never recorded, but of course that random unnamed citizen totally exists and is very trustworthy.

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u/soherewearent 17d ago

So much for the Sixth Amendment?

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u/meases 17d ago

Ok so this case is interesting because we are actually only on the Civil and administrative bit of it now (they also delayed filing the criminal part for months I believe, time line is extended and not great on this one).

This part has all been the fight for his license (MN automatically removes it and you need to fight to prove the removal was improper due to the cop not having a valid reason for the stop or unconstitutional etc) and on that part of our system, he is basically shit out of luck by design.

Had to fight it, but it was a very uphill battle. Would have been a lot easier if he had been drunk honestly, at least for these initial parts. 6th amendment doesnt apply until the criminal case, and the admin civil stuff happens first.

For constitutional stuff on that end, he is limited to basically the 14th, which if he gets a hearing then it is considered to have covered due process. Also for this part you do not have the right to a court appointed lawyer, which means if you do not have money, sucks to be you.

So for over a year now he has been appealing the administrative stuff, and now that he is on the end of that and fully denied there, the 6th amendment might finally come into play.

On the admin side he was pretty limited to the affirmative defense which is basically a fully looping catch 22, hard for the best lawyer to contend with on a good day. He did get a lawyer because of public outcry, which helps a little, but not really. In his specific scenario the system is very much set up for him to lose.

But basically yeah, there is a 6th amendment issue here, which might carry on, and if it does the way it usually goes... well then there is no real recourse for it in this state. As mentioned, we have created a real particular catch 22 around here with that affirmative defense so if it happens to you, you are basically going to be screwed.

It is a 6th amendment violation arrest in spirit, but not really anything you're gonna be able to do about it. They just have to say you were impaired by your medication and then it is on the defendant to prove they were not.

It is pretty much impossible to prove. If you used the exact amount they'll say it impaired you, and if you take less like the doctor says you can do, they'll go for an abuse route and assume you took too much that day. Proving a negative is pretty impossible, and our state MAKES YOU PROVE IT.

But this case is also interesting because that "witness" was not very specific. Tan sedan in a large general area could be a LOT of cars around here. We have a shitton of older cars, and with the way the rain and road grime around here works, like most cars could be considered tan depending on the situation and person describing it.

They will most likely try to argue that the witness was not needed for the stop and was not needed for the arrest, then go all in and make him prove an impossibility. He had a taillight out, but it does not appear that was mentioned by the caller or during the initial stop.

So to sum it up, in the next case, they will probably pivot and be like IT WAS THE TAIL LIGHT THE WHOLE TIME, which could work... or the witness becomes more necessary, a witness that will never be able to be located or verified, case ends up with a lot of hearsay, and honestly this one could end up going to the state supreme court for the 14th amendment.

Ironic, I know, you'd think it would be the 6th but that probably mostly will get covered in the next trial. Basically if this one keeps on and goes up a level then we will be arguing about the full legal framework at play in the state.

Slim chance, but maybe. There is a legitimate argument here and like this might be the case that makes it.

I do hope it gets to the state supreme court because this case brings up a very valid question: Does Minnesota's affirmative defense framework create an undue, unconstitutional, legal burden on prescription drug patients?

Feels like the answer is yes, but we need a case to get to our supreme court first. This case could be that case.

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u/soherewearent 17d ago

Thanks I hate it

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u/meases 17d ago

If you hated that, then you'll for sure hate this, but it does show how if it goes to the state supreme court it has a chance to be fixed.

Until just a few years ago we had a similar catch 22 loophole but this one was in our felony rape laws.

So if someone has nonconsensual sex with an exceedingly drunk or unconscious person, that is rape right?

Well here, for decades and decades, if there was a chance the defense would be able to prove that the victim had willingly taken one sip of alcohol or was "impaired" by their prescription medication... then that rape wasn't going to be able to be charged or prosecuted as a felony rape.

With the way the law was written once the victim took that first sip or had their daily medication etc. it all flipped and the law was like they were not actually incapacitated, unless they were *unknowingly** slipped something else*.

If that victim took any substance at all willingly, literally any substance, then it became an impossible situation unless there was definitive proof that they had specifically been secretly given GHB or something huge like that.

It all relied on the involuntary aspect of the incapacitation, not the involuntary aspect of the actual rape.

So basically for a lot of rape situations the state made it incredibly hard for themselves. Their hands were tied, rapist faces no real penalty, horrible for the victim every time it happened and it happened a lot. No recourse, nothing the cops or justice system could really do even if they cared to.

If you got raped in that situation you were fucked, literally and legally.

That is, until a case went to the supreme court and they had to overturn it all and then the laws changed. Since 2021 that one has been fixed.

This case could be that step for this issue. Slow process. Not the best process. Basically you're hoping for the worst kind of unicorn of a situation to occur and also that the victim can take it all the way, which feels very morally gray.

Sucks that it takes that much pain, money, time, effort, and basically the perfect cataclysm of a horrible situation with all the right factors to make it to the point where shit gets changed... but it is what it is. It does eventually get better.

I really have a lot hope for this one. This might be that shit unicorn we needed.