Court rejects teen driver's Robitussin defense

If you drink, don't drive -- even if it's only alcohol-based cough syrup you've sipped.

That was the message Thursday from a state appeals court, which upheld the one-year license suspension of a 16-year-old Novato girl who was pulled over on a freeway and claimed she had imbibed only a capful of Robitussin.

"A minor can maim or kill if they drank cough syrup or if they drank beer, '' said the Court of Appeal panel in San Francisco, quoting the Marin County trial judge in the case.

The driver, Karli Ann Bobus, was stopped in November 2002 by a Highway Patrol officer, who said her car was weaving on the freeway. The officer said her eyes were bloodshot and her speech was slurred. Her blood-alcohol level measured 0.022 percent.

Her license was immediately suspended under a state "zero-tolerance'' law that makes it illegal for anyone under 21 to drive with a blood-alcohol content of 0.01 percent or higher, compared with 0.08 percent for an adult. Those under 21 caught driving with 0.05 percent blood alcohol or above can be cited and fined, in addition to the license suspension.

At a hearing to challenge her suspension, Bobus said she had been at a party where friends were drinking but she had taken only a capful of cough syrup. The appeals court said that she may not have been telling the truth, in light of the officer's testimony about her appearance and behavior, but all that mattered was her alcohol level, not its source.

The state Vehicle Code defines an alcoholic beverage as "any liquid ... which contains alcohol.'' That definition includes alcohol-based cough syrup, which can contain as much as 26 percent alcohol, the justices said.

The court upheld the license suspension in a ruling last month and ordered the ruling published Thursday as a precedent for other cases. Paul Burglin, Bobus' lawyer, said he would appeal to the state Supreme Court.

"I think the purpose and intent of the zero-tolerance law was reflected in the logo used to advertise it: 'If you booze, you lose,' '' he said. "This isn't a kid who was boozing. It was never intended to punish kids who took a dose of cough medicine and drove.''

Link: http://www.sfgate.com/cgi-bin/article.cgi?...BAG3UAMHUU1.DTL

this is by far the most fucking ridiculous thing i have heard about dxm/alcohol in a long time.

wow.

'If you booze, you lose,' '' he said. "This isn't a kid who was boozing. It was never intended to punish kids who took a dose of cough medicine and drove.''

you booze you lose. it says the kid wasnt boozing. why did he lose?

what fucking deutsche-bags and fags.

[Midknight]

haha, I agree she shouldn't of been drinking anything and driving...but damn hahaa more like

Only 15 "capfulls"

[n__u]

That was the message Thursday from a state appeals court, which upheld the one-year license suspension of a 16-year-old Novato girl who was pulled over on a freeway and claimed she had imbibed only a capful of Robitussin.

Sounds to me like she's stretching the truth just a bit there...

[Shameful]

This is ridiculous. It sounds to me like all she had was a capfull of robitussin, and calling that an alcoholic beverage because of some zero tolerance policy is complete bullshit.

[libel]

shes trying to defend herself with " i was intoxicated." throw the book at her. that amount of alcohol sounds about the amount in 4oz

[levomethorphan]

It would take about 8 ounces of beer to achieve a 0.022 BAC in an average small-build person. Since some of the alcohol was probably metabolized between the time she drank and the time she was pulled over, it is safe to say she had an amount of alcohol equivalent to at least a 12 ounce bottle of beer. To my knowledge, Robitussin has either the same or less alcohol content than beer. Therefore, she either had 12 ounces of Robitussin or she drank a real alcoholic beverage and is lying to cover her ass.

In her defense, however, it is possible that the breathalyzer gave an artifically high result. Breathalyzers are far from being accurate, even when properly used. The inaccuracy becomes worse when small BAC's are involved, as is the case here.

Originally posted by lucidistortions@Jan 8 2005, 06:39 PM
shes trying to defend herself with " i was intoxicated." throw the book at her. that amount of alcohol sounds about the amount in 4oz

she's not "trying to defend herself with " i was intoxicated." "
the god damned pig said she was intoxicated, she said she was sober, and had ingested some cough medicine. I don't recomend driving on dex at all, but I think a cop who notes blood shot eyes would have also notices quarter dollar sized pupils too, don't you? and "throw the book at her"? I don't think the govenment should be thowing books at any 16 year old girls. "oh god, those menacing 16 year old highschool girls, running over grandma's because of their .022 BAC and robing banks to pay for beer!!!!" oh yeah, what the criminal justice system needs more of is imprisoned teenagers. why would a cop arrest a grown male violent criminal that might kick his ass in the proccess, it's so much eisier to just arrest highschoolers. fucking prohibition bullshit, fuck the god damned right wing mind set of america, somebody should throw a book at this backwards fucking honky country.

PS: ya know that 30% of the american poulation is either imprisoned or on parrol. and even more are on probation. what a clever way to steal the right to vote from liberals, just ilegalize liberal behavior and lock them all up. then once their on parrol or probation they can pay you fines, still support your tax base and can't vote your right wing honky ass outa office.

I appologize to the DV for yet another of my rants

Peace and Love

-K A O S

[libel]

You went completely overboard in another direction. The point is she obviously was not sober. Why drive in that state knowing zerotolerance laws are in effect?

Originally posted by lucidistortions@Jan 9 2005, 01:27 AM
You went completely overboard in another direction. The point is she obviously was not sober. Why drive in that state knowing zerotolerance laws are in effect?

I think we're debating what sobriety is. if a person is 17yrs 11 months and 27 days old gets pulled with a .022 BAC they are drunk, but just 3 days later they would be considered sober. this is ignorant. I had a higher tolerance to alcohal when I was 16 then I do now that I can drink legaly. point is that they aren't keeping a drunk off the street, that I'm all for hell I never met my grand mother 'cause a drunk ran her over befor I was born, they are keeping a kid from drinking and that I'm not for. prohibition laws for the point of prohibition are stupid and I'm for any means of fighting them. yeah, so she lied. if you were caught with oxycodone you would lie about it too, we lie to the pigs thats the point of breaking any law. its only ilegal if you get caught and prosecuted.
I just feel like their making a marter out of a little girl. I'm a little sensitive though because my on and off exfiance of 6 years spent her entire youth on probation for staying over at a friends house one night when she was 14. her mom said "fine if you leave tonight, don't come back till monday" so she did, but then the cops show up and arest her, and bam she's fucked. I may still be a little nieve in seeing little girls as some what inocent, but hell I guess I've just been too shivalrouse.
I see some body, especially female, being picked on and feel like I should stand up for them.