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re: My first encounter with an a-hole cop

Posted on 12/15/18 at 6:38 am to
Posted by Pectus
Internet
Member since Apr 2010
67302 posts
Posted on 12/15/18 at 6:38 am to
Refuse to take any test.
Posted by el Gaucho
He/They
Member since Dec 2010
53382 posts
Posted on 12/15/18 at 6:44 am to
Back the badge a-hole
Posted by brass2mouth
NOLA
Member since Jul 2007
19750 posts
Posted on 12/15/18 at 6:52 am to
quote:

Ignoring the fact that I believe they’re an infringement of my rights...


Well you’re wrong so there’s that.
Posted by tigersownall
Thibodaux
Member since Sep 2011
15390 posts
Posted on 12/15/18 at 6:58 am to
You sound like a man who passed the bar the first go around. Can you help me expunge my dwi ??
Posted by Hammertime
Will trade dowsing rod for titties
Member since Jan 2012
43030 posts
Posted on 12/15/18 at 7:18 am to
Your case will get dropped, so don't worry about it
Posted by Tygerfan
Member since Jan 2004
33748 posts
Posted on 12/15/18 at 7:19 am to
So, no your rights were not infringed upon and yes he was correct.
No, the cop does not have to hold court with you and show you his radar or whatever he used to determine you speed, that's what real court is for.

Problems with you eye does not cause horizontal or vertical gaze nystagmus unless you are intoxicated, have multiple sclerosis, or suffered a serious head injury. You admitted to drinking, had nystagmus, and possibly preformed poorly on the other test. That's all that is needed for the arrest.
The intoxilyzer test is only further evidence but not required for the arrest. Just because someone blows .000g%, does not mean they are not on something. It is other clues, observations and totality of circumstances that give the PC for the arrest.

And last, with the implied consent law if you drive a motor vehicle on the public roads you have given consent to perform the SFST and Inyoxilyzer test. If you refuse, you are backing out on the deal you made with the state when you decided to drive on the public roads, therefore a refusal has penalties.
Posted by Mo Jeaux
Member since Aug 2008
59366 posts
Posted on 12/15/18 at 7:21 am to
Damn straight. You tell him. fricking shitty Fourth Amendment. The founding fathers were a bunch of fricking hippy communists.
This post was edited on 12/15/18 at 7:26 am
Posted by xxGEAUXxx
minneapolis
Member since Dec 2012
1068 posts
Posted on 12/15/18 at 7:23 am to
quote:

After taking the field sobriety test and clearly stating that I have a bad eye, and this makes my eyes jump when following an object, the douche bag arrests me and takes me in because my eyes were shaking as I followed the pen. Puts me in cuffs, tells me my truck is gonna get towed if I don’t have someone come pick it up. So I wake up my girl to come get my truck and I take my ride to jail.


How did the other tests go? Did you stumble or almost fall?

quote:

We get there and honestly I was scared as frick because I am not a thug and don’t really feel comfortable in jail. I blew a .01. Dude was such an a-hole the whole time about all of it. And I asked if he had any sort of way to show me I was speeding and he told me, “That’s not how this works.” Can I challenge this in any way?


Some states require an LEO to show the speed if requested. But most don’t. The officer will type in his report the method he observed you speeding, if that be radar, visually observed it, or he paced you. Did you PBT, blow into a straw on the side of the road? And if you really blew .01 and you didn’t have to have blood drawn or urine, most likely will be thrown out. It will be very hard to show that you were a hazard on the roadway at .01. But I’m not a judge or lawyer.
Posted by whodat22
Member since Sep 2014
918 posts
Posted on 12/15/18 at 7:34 am to
I hate when cops park their cars anywhere they want on the street in my neighborhood. Luckily our HOA president is handling this bozo
Posted by gptigerfan
The Superdome
Member since Oct 2007
1465 posts
Posted on 12/15/18 at 7:38 am to
We have a similar situation in my neighborhood. The crooked cop things he can park his beat up cruiser on a private servitude instead of in his own garage (no room to park in the garage because it’s full of kangen water filters he tries to intimidate neighbors Iinto buying)
Posted by Hammertime
Will trade dowsing rod for titties
Member since Jan 2012
43030 posts
Posted on 12/15/18 at 7:40 am to
quote:

Problems with you eye does not cause horizontal or vertical gaze nystagmus unless you are intoxicated, have multiple sclerosis, or suffered a serious head injury
Not true. Studies have shown many things can cause failing results (no sleep, too much caffeine, ear infections). I have had a couple of seizures, and have to be on seizure meds. Frequently, I can't keep my eyes focused on one point without them bouncing around
Posted by Sidicous
Middle of Nowhere
Member since Aug 2015
17420 posts
Posted on 12/15/18 at 7:40 am to
quote:

Puts me in cuffs, tells me my truck is gonna get towed if I don’t have someone come pick it up. So I wake up my girl to come get my truck and I take my ride to jail
Here's a tip for the next time: Always pull over into a parking lot and park in a parking space when a cop stops you at night.

Parking lots are private property and it's highly unlikely you'll be towed before you get out of the pokey from a simple DUI/DWI.
Posted by Napoleon
Kenna
Member since Dec 2007
69349 posts
Posted on 12/15/18 at 7:41 am to
The eye test is bullshite. It's not admissible in court.
Posted by Big Jim Slade
Member since Oct 2016
4962 posts
Posted on 12/15/18 at 7:43 am to
Spot on Tygerfan. Officer observed a traffic violation. Driver admitted to drinking, failed portions of the SFST, including the HGN. Probably emitted an odor of alcohol. Not sure if impaired speech. All leads to PC for the arrest. OP, you may have some wiggle room with the .01 reading and a decent lawyer may be able to make some head way with that to get diversion or a plea down to a reckless op.


Posted by Napoleon
Kenna
Member since Dec 2007
69349 posts
Posted on 12/15/18 at 7:46 am to
I was driving a friends car and he had these Angel Eyes/Halo lights that could change color. I turned them on and didn't know how to turn them off. Got pulled over, everything was good. He asked to do the bullshite eye test, of course I failed it.
He then told me to call a ride and drove off. I waited five minutes and drove off the other way.



I've never passed that "eye test" sober or a few hours after smoking. I think it's made up BS.

I know a few cops as an adult and was to 100% they can make the dogs hit on anything to get a warrant.


Posted by Sebastian
Member since Jun 2015
3756 posts
Posted on 12/15/18 at 7:48 am to
My neighbor is a cop. We live on a small narrow street where you have to almost pull over and stop to let the oncoming care get past. Well my neighbor cop thinks its ok to get in his hot rod car and proceed to drag race to the end of the road. If we had a speed limit sign it might be 10-15 max. I bet he topped 60 mph the other day.
This post was edited on 12/15/18 at 7:49 am
Posted by Huey Lewis
BR
Member since Oct 2013
4674 posts
Posted on 12/15/18 at 7:49 am to
quote:

Here is a discussion of the case, praising it for protecting the rights of the cops. OFFICERS ENTITLED TO QUALIFIED IMMUNITY FOR ARREST OF TRESPASSING PARTYGOERS (even if they weren't really trespassing)


There was probable cause for trespassing though according to the court.
Posted by TDcline
American Gardens building 11th flor
Member since Aug 2015
9281 posts
Posted on 12/15/18 at 7:49 am to
Sorry to hear that. Unfortunately they deal with shitty people so often that their perception gets tainted and everyone is guilty until proven innocent.

If he was an a-hole about it, that’s a shitty way to do things but that’s on him.
This post was edited on 12/15/18 at 7:55 am
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
49170 posts
Posted on 12/15/18 at 7:50 am to
quote:

Got arrested for DWI, blew a .01, dick head cops suck arse.



Uh, you win.
Posted by Napoleon
Kenna
Member since Dec 2007
69349 posts
Posted on 12/15/18 at 7:52 am to
VGN can be faked though, it's administration depends on officers being 100% honest, when in fact many of them are lying assholes who actually look to frick with people.

Everyone in Kenner knows if you talk back to Jon-Boy a dime bag mysteriously appears on your arrest report.
Better treat the mean older black officer nice if pulled over here.
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