Episode Transcript
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Speaker 1 (00:00):
He is joining us here on his day off. What
a guy.
Speaker 2 (00:03):
Dwight Mitchell is on vacation, but he decided to join
us in studio.
Speaker 1 (00:07):
That means a lot to me. Thank you, sir, appreciate
you being here.
Speaker 3 (00:10):
Well, I know you're a fledging radio host on your
new gig, and I just want to do my part.
Speaker 2 (00:16):
You're hey, you've been a big part of it so
far and we enjoy having you. And he's not in
his LMPD gear today, he's in his Louisville Cardinal polo,
which I like to see that. I guess it makes
sense whenever you know it's your day often, of course
it's a big weekend for U of L. But before
we talk cars, I do want to get your thoughts
on the season coming up a little bit later on.
But one of the things, we've had two different stories
(00:36):
this morning that I've referenced, and those are DUI arrests,
two completely different situations, and I'm not trying to ask
you about those specific situations.
Speaker 1 (00:44):
But when it comes to.
Speaker 2 (00:46):
A law enforcement officer pulling someone over and then getting
signs that this driver may be impaired, sometimes it's probably
pretty clear. Sometimes it may be something minor that most
would notice. But in your profession, clearly there are signs
that you would notice that most wouldn't think about. When
the breathalyzer is not quite at a zero point zero
eight but it's but it's close to it. And then
(01:08):
the officer has discretion. Is it based off of what
they observe and field sobriety?
Speaker 1 (01:13):
Is it just them feeling okay?
Speaker 2 (01:15):
I know it shows this, but I don't feel it's
safe to put this person back on the on the roadway.
What's I guess what's the when it comes to the discretion,
what latitude do you have?
Speaker 4 (01:24):
It?
Speaker 1 (01:24):
Then that moment as an officer.
Speaker 4 (01:26):
Well, Nick, you just named it all. You'll be a
great officer. Oh hey, you know, I like to hear that.
It's all of those factors. I guess.
Speaker 3 (01:33):
It's like when you're taking test, it's d all the above.
It's all of those factors that officer has to take
into consideration deciding whether to make an arrest or to
cite someone. You know, the big thing about it is
it is the question of not so much what you did,
is what you didn't do a lot of times, because
if you let a person go and they go down
the street and either kill themselves or kill someone else.
Speaker 4 (01:56):
I'll get in that then.
Speaker 1 (01:57):
You have a liability on you at that point, right.
Speaker 3 (01:59):
Yes, So it's a matter of discretion to Officers have
a lot of latitude to do a lot of things,
and based on your experience and what you observe at
the time of the stop, you know, you know, I
always rather say I'd rather be tried by twelve than
carried by six any day in any of those type
of situations. So the bottom line to your question is
the fact that, yes, it's officer discretion. And then, like
(02:21):
I said, with the experience, over time you observe certain things,
you know, I'll be better off for me and this
person to make what I'm a decision they decide to.
Speaker 2 (02:30):
Me, And that's that's certainly a layer to it that
I would say most myself included, rarely ever think of
is that if you're making the call of okay, they've
been drinking and they were honest, they're a little bit
below the legal limit, and I'm gonna I'm gonna trust
that they're going to be okay. Some would say, well, hey,
(02:50):
they let them off, man, they got a break. But
also you've you've decided that you're willing to put a
lot of things in your hands now because you've said, hey,
i'm giving this person, I'm trusting them that they're that
they're at a level that they can get home and
if if not, again they can have an accident. And
you're talking about being liable. That's just again, that's just
one of those one of the many things I think
when it comes to law enforcement that most average folks
(03:11):
like myself, it's just we've not been in that world.
We don't think about those things. But that's a huge
factor when you make that decision when you've pulled somebody over.
Speaker 3 (03:18):
I'm sure, well, a lot of decisions also make you know,
it's it's one of those situations where you know, damn
if you do, damn if you're.
Speaker 2 (03:28):
Sure, yeah, yeah, And again that's there when it comes
to the discretion that officers have in certain situations, you
you especially if you've done this a while, you have experience.
You you know, when making a decision that you have
zero clue really how it, how it how it plays out.
Speaker 4 (03:44):
Yeah, in some situations you don't.
Speaker 3 (03:46):
But then there's some of the crystal clear and that's
that's what happens most of the sure, Yeah, and there
are outliers that happen.
Speaker 2 (03:52):
So whenever, whenever someone is given a breathalyzer, and again
I feel I'm gonna sound ignorance asking this question. Is
just that I thought about a breathalyzer is specifically testing
for alcohol only.
Speaker 1 (04:03):
Correct?
Speaker 2 (04:04):
Correct, But you could clearly be impaired and intoxicated on
something other than that. Is that where the blood test
comes in.
Speaker 3 (04:09):
Yes, And you know one of the things the law
that was changed many years ago because the statue used
to be dw I drinking lound intoxicated. Whether they're changing
DUD driving on the influence, because it could be of
anything at that stage. You know, if you're blowing zeros,
if I'm giving you a best blowing zeros, I know
that if I feel like you're still impaired, it could
be from other things. And then you know, some blood
(04:30):
drawing things of that nature that find out what's going on.
Speaker 2 (04:33):
And I'm sure there are different signs as far as
the impairment being alcohol related or maybe And again I
wouldn't have the eye for it, but you know, sometimes
you can just see someone intel they're on something here
that's something people say quite a bit. But I'm sure
when you're pulling people over, you can pick up on
certain signs of certain things. And you know, most of
(04:53):
the time, I'm sure those those clear signs, the crystal
clear ones. I mean, it's a good thing to see
because you know, hey, there's really no there's no consideration here.
Speaker 1 (05:01):
I know what I need to do to keep people safe.
Speaker 3 (05:03):
Yeah, as soon as you come to the car and
smell alcohol, you know that's a good sign.
Speaker 4 (05:06):
Good clue.
Speaker 3 (05:07):
Right, there are bellowing smoke coming out, of course, and
smell like cigarettes. You know, you know, it's just a
whole lot of things that go there. But not to
make light of it, but those are really it's that simple.
Speaker 2 (05:18):
Now, when it comes to someone who is underage of
drinking age, if they admit, like let's say they do
a breathalyzer and they're at zero point two but they're nineteen,
is that an arrestable offense.
Speaker 4 (05:38):
Yes, it could, because they're supposed to be drinking it all.
Speaker 2 (05:40):
But that's yeah, of course, But that's back to like
more discretion. Correct, it's you know you have.
Speaker 3 (05:44):
Well, here's the difference when you're a minor in that
sense dui laws. Let's say they're sixteen, and that's the case.
Traffic laws are the same for sixteen year olds as
it is for a fifty year old.
Speaker 4 (06:00):
There is no juvenile laws type.
Speaker 1 (06:02):
So you got a license, you get a license.
Speaker 3 (06:03):
Yes, so you're judge and you're under the traffic rules.
You're under the same thing than an adult would be.
So yes, when when it's about aged but really not
that it's about behavior, that's of course again what an
officer would do.
Speaker 2 (06:17):
And that makes total sense because I have seen different
bodycam footage from just across the country where someone will feel, hey,
I only had a wine cooler. It's uh there for
you exactly and they didn't realize. You just admitted that
you were drinking and you're not allowed to because you're
not of age.
Speaker 4 (06:36):
So you go and it was one too many for you.
Speaker 2 (06:38):
Absolutely now in your experience, and I guess not only
you as as an officer, but obviously your history with LMPD.
Not to make you sound like an old man, but
you've been doing this all the time, do I how
nine out of ten, eight out of ten, seven out
of ten. When you pull someone over for it being
a traffic stop, speeding. Maybe you maybe you sent some
(07:00):
some some reckless driving because maybe they're impaired. How many
give you a hard time? Not you specifically, but just
in in that line of work, because it clearly happens,
and it's uh, you know, I don't think it's the
way to go about it if you're someone who you know,
Sometimes it just seems like people are looking for the instigate,
looking to be difficult for reasons I don't really know.
(07:22):
Sometimes you find that out it's because they're not they're
not well, they're intoxicated, or whatever it may be. But
I just I never thought about it. And I'm putting
you on the spot here, but like, how rare is that?
How common is that for somebody to just be combative
right out of the gate and and just give you
a hard time?
Speaker 4 (07:36):
You know, it happens.
Speaker 3 (07:37):
But I would say most of the people when they're
caught to saying, you know, a family got caught, you know,
and I'll take my risk because how many times should
I've gotten a ticket?
Speaker 4 (07:45):
Yeah I didn't.
Speaker 3 (07:46):
Uh, So you know, I think most people, I mean,
there are instances where it happens, and those usually the
real guilty people because when they get that belligerent. That
means it's probably something else going on. They want you
and they trying to distract you. I think I've seen
that more, not so much. The fact you stopped them
is that you stopped them, and I got some other
stuff going on, because a lot of times they're convicted
feelings are the in possession of things they shouldn't be,
(08:09):
on top of maybe speeding whatever the initial reason for
the stop was, and it just kind of adds on
as you're going.
Speaker 4 (08:17):
You don't know. Again, I've said this many times.
Speaker 3 (08:19):
You cannot predict human behavior and how it's going to
be and why people do what they do. And some
people think that's what they can do and think that
officers will back down, but they feel pretty confident in
pulling you over something that is generally going to take place.
Speaker 2 (08:32):
And it could be for you didn't come to a
complete stop at a stop sign, but yet you know
that that's not a crazy offense. But your your behavior
makes me feel like I may be pulling you over
for something else. What potentially are you hiding here? One
thing that I just never think about, But a lot
of people, more than they should, at least I don't
know the exact number. But people drive with a suspended license, right,
(08:54):
and that's something it's illegal. You clearly cannot do that.
And it seems as if they know that they didn't
get put over for some big time offense. But man,
they're hoping you don't find out that license is suspended.
Speaker 4 (09:03):
Oh yeah, you know. And that's the thing, because when
it's suspended, you don't have one.
Speaker 5 (09:06):
Yep.
Speaker 4 (09:07):
So that's the deal. Yep.
Speaker 1 (09:08):
And it's a privilege to drive. It's not right.
Speaker 2 (09:10):
You know, you got to go this, You got to
go through a certain Maybe maybe I'm onto something here.
You know, you've been educating the last year. When I'm
gonna sign you up? Brother, who need guys like you?
And you that curious? So you come on and make
a little money with that. Hey, your community about that. Hey,
if they ever tell me that I can't yap on
the radio anymore, that may that may be something to consider.
Speaker 4 (09:30):
No doubt, be your sponsor. I'm not there anymore.
Speaker 1 (09:33):
My wife's listening.
Speaker 2 (09:34):
All right, Thank you do. I appreciate you coming in
on your on your day off. Enjoy the holiday weekend
and Louisville football. Let's get it started right right.
Speaker 4 (09:43):
My brother I'll be there.
Speaker 2 (09:44):
Stuff, take care, all right, All right, let's get to
a quick time out. We've got tracking weather updates on
the way right here on Who's Radio eight forty whs
and Americans will we'll be doing some travel this week,
and I I don't know if I've ever traveled for
the weekend, this specific holiday weekend, other than maybe, yeah,
I went to Atlanta for the Louis of a football
game a couple of years ago. But usually these weekends
are are spend at home with family. But again, a
(10:07):
lot of people their family and I guess their home
home originally is not where they reside, so that leads
to some travel. But according to research from Civic Science,
about three quarters of Americans this year won't be traveling,
which is which is down. I think it's about ten
percent down from a year ago. But cookouts are a
Labor Day tradition for many Americans. Twenty two percent planned
(10:29):
a host or attend went over the weekend, and another
twenty four will be shopping for holiday sales. That is
something I was unaware of until this year, not even
just from reading this, but I've seen seemingly more promotion
for Labor Day weekend sales and yeah, I mean sometimes
just hearing sale and thinking of it. It's kind of
like Black Friday at certain places, Scott, Black Friday is
(10:50):
like any other Friday. It's just the manipulation of oh,
we're gonna get all these deals. Like you can say, hey,
there's a sale, you're gonna save money, and it could
be a penny off you know what it typically is.
That would be a foolish thing for people to do.
But you know, I now hear sale and it does
nothing for me because I'm assuming the sale price is
still going to be something. I'm gonna look at it
and say, how did you get that expensive?
Speaker 4 (11:11):
I'm the same way.
Speaker 5 (11:13):
It's gonna take a lot to get me in the
store when it comes to sales. Like, for example, right
along the lines of what you're talking about, there's labor
Edday deals by some of these restaurants that offer them, like,
for example, but you dig further into it, Burger King's
offering a bogo on their whoppers.
Speaker 1 (11:25):
On Labor Day. That's got you written all over it.
Speaker 5 (11:28):
Well, I'm like, okay, I can't afford the two fifty
or three bucks whatever it is to get the I mean,
and I don't want to sound like I'm ungrateful or anything,
because I'm not. But you can tell, like, for example,
you get like Checkers, they're offering four dollars Gorilla's unbeatable
meal deal that's a cheese, double spicy chicken sandwich, or
a burger, fries and a drink and an apple pie
(11:49):
four bucks. I mean, again, don't want to sound ungrateful,
but you.
Speaker 1 (11:53):
Know, I mean, I don't think it's ungrateful. I think it's.
Speaker 2 (11:55):
It's just the realization that, yes, for them, they are
realizing they're dropping their ices for you. But and again,
I know I probably made a bigger thing of this
than I should have last week when it came up,
or maybe it was earlier this week. But McDonald's admitting
that they overpriced and had their combo meals being just
(12:15):
too expensive, that really is a sign that Americans have
made it clear that they can't really afford or justify
the expense of paying what they felt like meeting McDonald's.
And I guess other fast food places now have to
charge because again, sometimes it is they're having to raise
money because they're paying more to produce whatever it is
(12:36):
they're selling you. Yes, sometimes they take advantage of it,
like a lot of things and disclaim, wey, what are
you gonna do inflation? Like, there are certain things and
this may be an interesting thing to look at down
the line, maybe next week, but things that got expensive
but there's no justification. They're just saying, well, hey, it's
because of inflation, it's because of the economy. Like if
you don't think that happens, you're wrong. Now, there are
certain things where clearly they are forced to raise their
(12:56):
prices because again they've had to spend more money to
again get resources and supplies to whatever to produce and
make whatever it is that they sell you. But then
there's certain things that just yeah, they just chog it up.
I mean again, like do we think every time that
gas goes up or is more expensive, that there's always
a direct reason behind it. I mean, not to be
so cynical, but I mean, come on, so yeah, I
(13:17):
think with things that are promoted as sales, even though
it is technically a sale because it's cheaper than what
it maybe was before, it's not hitting the same with
people who realize now that they just got to be
mindful of every penny they spend. And look, I'm one
of those people too, So trust me, it's it's everywhere.
Speaker 5 (13:35):
Yeah, it takes a lot to get me in for
your sale. And you know, if you're offering me a
free glazed donut or a free dozen glazes, that's great.
We talked about that before the donut game. Glazed donuts
are great now. But man, if you're with donuts, if
you're gonna go big or go go big.
Speaker 4 (13:50):
Or go home.
Speaker 1 (13:50):
Yeah, And that's for me when I don't eat fast
food that often.
Speaker 2 (13:52):
When I do, I'm not looking to uh even necessarily
save money or look at calories like I look at
it as Okay, you'll probably feel so bad after you
eat this because it's going to make your body feel bad,
So just go all out. That's sometimes how I think
about it. All right, let's get to traffic and updates.
Traffic and weather updates. Also another sports update coming your way,
a big night of high school football here in the area.
I'm excited about that. I'm sure we'll get to more
(14:13):
of that before we get out of here. So stick
around on Who's Radio Wait forty whas