thebabydoc said:
He'll give a shit when either a) he is held PERSONALLY liable for his actions or b) he feels the physical repercussions of his actions. Cops that abuse the law in any way, no matter how small are the worst criminals in society because their actions invalidate the entire system of laws.
TBD
It is EXTREMELY hard to pursue an individual officer directly for his actions while in uniform, through the tort/negligence direction. Typically, malicious prosecution is alleged, but the standards for proving this is very very hard to meet.
As for other repercussions, I know nothing.
If this works, the standard for arresting someone roadside may change, or the potential for civil litigation may increase. (or both) Courts and cops are not as closely aligned as you might think.
If this seems like a waste of money, well, it's not to me. It is extremely difficult to get outright acquitted. Getting a lesser charge is much easier and cheaper. This is how the state typically resolves the actions of police: it offers a lesser charge and the defendant feels like they are getting a bargain. It also keeps the docket clear and puts moer pressure on defendants to forego their right to a trial by jury.
Most defendants are hoping to save money, and are happy to get a "break" from the state. As long as people see this as a break, cops will continue aresting people for odor of alcohol on their breath".
FYI I was originally stopped for speeding, which is one of the foremost CONTRA-indicators of DUI.
It;s been fun.