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re: COPs on DwI giving bs eye test

Posted on 4/29/18 at 2:32 pm to
Posted by BobABooey
Parts Unknown
Member since Oct 2004
16213 posts
Posted on 4/29/18 at 2:32 pm to
I’ve always heard the same advice - don’t take the tests. The policeman asks you to get out of the car because he or she is already convinced that you are impaired; otherwise, why waste time giving the tests to a person that you believe is sober? For the eye test, don’t move your eyes all the way to the limit. Stop following the pen when you get to a comfortable spot. In the end it doesn’t matter though - the test is subjective and there isn’t any proof of how you performed. Just don’t do it.
Posted by thelawnwranglers
Member since Sep 2007
42510 posts
Posted on 4/29/18 at 2:45 pm to
quote:

You should ace the backwards alphabet deal.



Backwards yes can't sing the song backwards
Posted by mdomingue
Lafayette, LA
Member since Nov 2010
48626 posts
Posted on 4/29/18 at 2:48 pm to
quote:

They try and scare you with the mandatory license suspension.


I don't think that is a scare tactic in Louisiana, I believe it is, in fact, the law. If it is not, I know of at least one person who got screwed in the recent past.
Posted by onelochevy
Slidell, LA
Member since Jan 2011
18377 posts
Posted on 4/29/18 at 2:50 pm to
quote:

shouldn't have blown


Shouldn't have driven drunk
Posted by Jim Rockford
Member since May 2011
106081 posts
Posted on 4/29/18 at 2:51 pm to
quote:

For the eye test, don’t move your eyes all the way to the limit. Stop following the pen when you get to a comfortable spot. 


You're asking some baw who got pulled over because he can't keep his F250 between the ditches to try to successfully cheat on an eye test.
Posted by TigerGman
Center of the Universe
Member since Sep 2006
14079 posts
Posted on 4/30/18 at 6:51 am to
You driving drunk loser?

Spell Uber...

Posted by ksayetiger
Centenary Gents
Member since Jul 2007
70471 posts
Posted on 4/30/18 at 7:00 am to
quote:

 For the eye test, don’t move your eyes all the way to the limit. Stop following the pen when you get to a comfortable spot. In the end it doesn’t matter though - the test is subjective and there isn’t any proof of how you performed. Just don’t do it.



Your eyes dont move in a smooth motion when drunk. They stagger, for lack of a better way to describe it.


Back in my drinking days my wife would test me by asking me to look at some random crap on her phone and slowly move the phone as i was trying to focus in. Smart gal. She busted me when i was drinking and usually passed when not.
Posted by Hoops
LA
Member since Jan 2013
8392 posts
Posted on 4/30/18 at 7:02 am to
Your wife would give you sobriety tests? I hope you meant before letting you drive and not in general
Posted by KosmoCramer
Member since Dec 2007
80761 posts
Posted on 4/30/18 at 7:26 am to
quote:

I don't think that is a scare tactic in Louisiana, I believe it is, in fact, the law. If it is not, I know of at least one person who got screwed in the recent past


It is the law in many states, but that can be challenged depending on the circumstances.

If the court finds no probable cause for the arrest, and/or no reasonable suspicion for the stop, the suspension can be thrown out.

Get a good lawyer, and give the officer no video, audio, or chemical evidence and you can have a case.
Posted by mdomingue
Lafayette, LA
Member since Nov 2010
48626 posts
Posted on 4/30/18 at 7:47 am to
quote:

Get a good lawyer, and give the officer no video, audio, or chemical evidence and you can have a case.




Not really an issue for me. I'm 230 pounds and rarely have 2 drinks, regardless of whether I'm driving. I can't recall the last time I had 2 when driving.

Easiest way to avoid this situation is to avoid drinking more than 1 drink per hour and to make that decision prior to taking a drink. A person who is drunk cannot be expected to make a reasonable decision regarding their own fitness to drive.

On that note
Posted by dwr353
Member since Oct 2007
2173 posts
Posted on 4/30/18 at 7:58 am to
Speaking from my years working the road: If I pulled you over for DWI, I already observed erratic or unsafe driving. I observed your mannerisms, balance, speech, etc. The test only confirmed my observations. When I wrote the arrest report, you were done before even taking the test. Unless the law has changed, if you refuse the breath test in La, you do not get to take a blood test. It is in addition to the mandated test(at your expense). The suspension of your license is mandatory for a refusal. In my 20 years as a trooper, I never had a defendant found not guilty. With all of the options available now, just do not drink and drive. I do not want to sound cocky, but no attorney ever intimidated me or scared me. In fact there were very few in my area that I did not know well and got along well with. They did their job and I did mine.
Posted by Bullfrog
Running Through the Wet Grass
Member since Jul 2010
61811 posts
Posted on 4/30/18 at 8:01 am to
I can’t wait for technology to solve this problem with self-driving cars.
Posted by Displaced
Member since Dec 2011
33054 posts
Posted on 4/30/18 at 8:04 am to
Are you one of those 300 lb cops or one of those that shoots black people?
Posted by NYNolaguy1
Member since May 2011
21848 posts
Posted on 4/30/18 at 8:12 am to
quote:

I can’t wait for technology to solve this problem with self-driving cars.


It really will be a conundrum trying to figure out a reasonable suspicion to pull someome over when its a computer driving.
Posted by dwr353
Member since Oct 2007
2173 posts
Posted on 4/30/18 at 8:23 am to
It was a different time back then. Shootings were very rare. Police cars did not have cameras recording everything. If I made a stop and the driver was a good guy who made a mistake, I had the choice to let someone else drive and send him on his way. I could also park his car and have someone come get him. Sadly society has changed. Officers are micromanaged now and have little flexibility. What worked then would probably not work now.
Posted by Open Dore Policy
The Commodore State
Member since Oct 2012
5451 posts
Posted on 4/30/18 at 8:26 am to
TD members are allowed one post after arrest.
Posted by OptionRight
Down da skreet
Member since Sep 2010
852 posts
Posted on 4/30/18 at 8:28 am to
Did you not fully read my post? Your one of those cats that got a F on your exam cause at the very bottom it said don’t open this packet until the instructor tells you to. I’m an advocate for NOT driving impaired. I don’t beleive in it. In this day and age there’s no justifiable reason to do it. I simply said, if you are dumb enough to get yourself into a situation, the best course of action to take to NOT incriminate yourself. That is all...I’ve been on both sides and I know how it works.
Posted by TigerFanInSouthland
Louisiana
Member since Aug 2012
28065 posts
Posted on 4/30/18 at 8:39 am to
Perfectly sober people can still fail the eye test.

That’s why it’s typically inadmissible and the cops know that. They just want the money.
Posted by JamesLang
Member since Mar 2018
388 posts
Posted on 4/30/18 at 8:42 am to
quote:

Perfectly sober people can still fail the eye test.


Extremely rare. HGN tests are very reliable...the problem is most cops aren't really qualified to give them and fudge on the results. And they are admissible.
This post was edited on 4/30/18 at 8:43 am
Posted by TigerNlc
Chocolate City
Member since Jun 2006
33220 posts
Posted on 4/30/18 at 8:55 am to
Can't fail the eye test if you are passed out.
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