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re: DWI lawyer gets arrested

Posted on 3/22/14 at 7:53 pm to
Posted by crimsonian
Florida
Member since Jun 2012
7374 posts
Posted on 3/22/14 at 7:53 pm to
I've seen people at four times the legal limit look normal.
Posted by novabill
Crossville, TN
Member since Sep 2005
10479 posts
Posted on 3/22/14 at 7:55 pm to
I had a friend that was a deputy for a while.

He pulled over a guy he knew that had been drinking and guy was begging him for a break. He told the guy that he wished he could, but that if he left the scene and got in a wreck and killed someone it would be his fault.

However, if the keys to his car were in that pond over there, then he could not drive the car and no one would be at risk. The driver threw the keys in the pond and the officer left the scene.

I always thought that was a good bit of police work.

Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 3/22/14 at 7:55 pm to
quote:

How in the hell does one perform SFST (field sobreiety)with the person sitting in their vehicle?


I was saying instead of writing the ticket for bad DL and no turn signal he asked her to step out of the car under the assumption he was writing tickets.
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 3/22/14 at 8:03 pm to
quote:

I've seen people at four times the legal limit look normal.


So all traffic stops need a sobriety test?
Posted by The Dudes Rug
Member since Nov 2004
13860 posts
Posted on 3/22/14 at 8:06 pm to
quote:

So all traffic stops need a sobriety test?



You can get the driver out of the vehicle on any traffic stop, not just to check for sobriety.
This post was edited on 3/22/14 at 8:07 pm
Posted by The People
LSU Alumni
Member since Aug 2008
4221 posts
Posted on 3/22/14 at 8:08 pm to
quote:

So all traffic stops need a sobriety test?


I must have missed the sentence in the article that covered the officer's observations of the driver. Where did it say that she did not have any signs of impairment when contacted?

It isn't a crime to drink and drive. It's a crime if you are impaired or have a statutorily prohibitted blood alcohol content. Wouldn't you conceed a cop working in DWI should conduct field sobriety on a driver that shows signs of impairment, however slight, or admits to alcoholic beverage consumption?
Posted by brass2mouth
NOLA
Member since Jul 2007
19754 posts
Posted on 3/22/14 at 8:11 pm to
quote:

Wouldn't you conceed a cop working in DWI should conduct field sobriety on a driver that shows signs of impairment, however slight, or admits to alcoholic beverage consumption?



No.

A cop good at finding DUIs (as this cop supposedly is) just needs to look at the eyes of the driver. The eyes give it all away every time.

ETA: I'm going to give the cop the benefit of the doubt and say he was trying to separate the two to make sure it is the smell of alcoholic beverages coming from her breath rather than her passenger's.
This post was edited on 3/22/14 at 8:13 pm
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 3/22/14 at 8:13 pm to
quote:


I always thought that was a good bit of police work


Until he uses a spare key to run over one of your family members.

No drunk is worth your pension.

And did the cop make him walk home?
Posted by crimsonian
Florida
Member since Jun 2012
7374 posts
Posted on 3/22/14 at 8:15 pm to
quote:

He pulled over a guy he knew that had been drinking and guy was begging him for a break. He told the guy that he wished he could, but that if he left the scene and got in a wreck and killed someone it would be his fault. However, if the keys to his car were in that pond over there, then he could not drive the car and no one would be at risk. The driver threw the keys in the pond and the officer left the scene. I always thought that was a good bit of police work.


You bring up a good point that cop haters don't get. If the cop doesn't do the sobriety tests, and she drives off and kills somebody else, herself, or even worse the lawyer, that cop probably loses his job, gets sued, along with other possibilities. That goes for all offenses. You might tell that lawyer to F off if your job and money depended on it.
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 3/22/14 at 8:15 pm to
quote:

You can get the driver out of the vehicle on any traffic stop, not just to check for sobriety.


Correct. Not sure what this has to do with my statement. I said why did a test need to be run on someone that was sober, esp from such a good DWI cop. He then replied that he's seen people blow a .32 look sober. By that logic we need to be checking everyone if we are concerned about people driving drunk.
Posted by Monk
Baton Rouge
Member since Aug 2007
3660 posts
Posted on 3/22/14 at 8:16 pm to
No. Technically it takes a judge to rule that a law has been broken. The cop can only claim that a law has been broken.


Hence that silly thing about innocent until proven .......
Posted by crimsonian
Florida
Member since Jun 2012
7374 posts
Posted on 3/22/14 at 8:17 pm to
Do we know for sure she wasn't drinking and just under the limit?
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 3/22/14 at 8:17 pm to
quote:

cop good at finding DUIs (as this cop supposedly is) just needs to look at the eyes of the driver. The eyes give it all away every time. 


Wrong. You cannot just look at the drivers eyes while he is sitting in the car.

Are you sure you were a cop? Did you go to an academy? You seem clueless.
This post was edited on 3/22/14 at 8:19 pm
Posted by The People
LSU Alumni
Member since Aug 2008
4221 posts
Posted on 3/22/14 at 8:17 pm to
quote:

A cop good at finding DUIs (as this cop supposedly is) just needs to look at the eyes of the driver. The eyes give it all away every time.


Luckily, BRPD officers attend hours of exstensive, scientifically validated training that goes a lot further than this. In 1975, this might have been the standard but things have evolved.
This post was edited on 3/22/14 at 8:19 pm
Posted by crimsonian
Florida
Member since Jun 2012
7374 posts
Posted on 3/22/14 at 8:20 pm to
quote:

Correct. Not sure what this has to do with my statement. I said why did a test need to be run on someone that was sober, esp from such a good DWI cop. He then replied that he's seen people blow a .32 look sober. By that logic we need to be checking everyone if we are concerned about people driving drunk.


No. That person can show signs by driving, like changing lanes without signaling, speed, no lights, among others. You don't have to just see it on the person. Erratic driving and smell of alcohol could do it. Pass the test and no problems.
Posted by crimsonian
Florida
Member since Jun 2012
7374 posts
Posted on 3/22/14 at 8:21 pm to
Yep. The eyes must be tested.
Posted by novabill
Crossville, TN
Member since Sep 2005
10479 posts
Posted on 3/22/14 at 8:22 pm to
quote:

Until he uses a spare key to run over one of your family members.


Not sure if he made him walk home or not.

But, he was in a position to make life miserable for the guy, and chose not to. I applaud that.

I understand your need to show how tough you are and the enjoyment you get from taking away people freedom and ruining lives. But everyone does not share your passion.
Posted by The People
LSU Alumni
Member since Aug 2008
4221 posts
Posted on 3/22/14 at 8:23 pm to
quote:

The eyes must be tested.


I do love me some nystagmus.

Posted by brass2mouth
NOLA
Member since Jul 2007
19754 posts
Posted on 3/22/14 at 8:24 pm to
quote:

You seem clueless.




Coming from you?


quote:

Wrong


Like I said, a cop good at finding DUIs. You can look at a drivers eyes and pretty much tell if he/she actually needs to be tested for SFST, and at that point the HGN test tells you everything, and if you decent-good you can just about estimate what they will blow on the machine by virtue of when their eyes tick.


Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 3/22/14 at 8:24 pm to
The eyes are the 1st part of the test but it is impossible to conduct it inside the vehicle.
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