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      11-04-2019, 12:22 PM   #176
Sedan_Clan
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Quote:
Originally Posted by UncleWede View Post
Quote:
Originally Posted by Sedan_Clan View Post
That might be a hard sell despite you being truthful. A prior violation of CVC 21453(a), (b) or (c) wouldn't really weigh too heavily on the decision to cite you or not. It doesn't hurt to ask for leniency though.
IF you did believe him, wouldn't you have a duty to report him to DMV for some sort of medical clearance? Seems like a "medical" condition that would take you away long enough to not see/heed a red light would need further review.

And since we are on medical, does a DUI due to insulin carry the same consequences as DUI with alcohol? I know there are stories of diabetics being tossed into drunk tanks when they have a low. I've "come to" in strange places, no idea how I got there, when my sugar got low. One time, I woke up at Costco eating a hot dog. Not a clue how I got there.
That's a great question. I don't have an obligation to report such a medical issue to the DMV any more than I'm required to report somebody with diminishing eyesight to the DMV. I'm not a medical professional, so I stay/operate within the scope of my job duties. IF I cite him and he has a valid medical issue, he has the option to contest the citation and present his case to the judge. At that point the judge may adjudicate and make it necessary for him to notify DMV, place restrictions on his license, etc.

I have never personally run into an individual with low insulin during a traffic stop (....only inmates in a jail facility), however, as with any suspected DUI, I have to investigate the circumstances to see if what I'm truly dealing with is a legitimate DUI of alcohol or drugs, or just somebody who is tired, lacking sleep, etc. I would think that a diabetic would be able to present insulin needles, a diabetic pump, etc. should I make contact with them.
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