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Started By
Message
re: Field sobriety tests aren't designed for you to pass.
Posted on 2/26/24 at 2:04 pm to Lake08
Posted on 2/26/24 at 2:04 pm to Lake08
quote:
Anyone know if you get arrested for dwi and turns out you’re sober, could u sue the county/police dept?
You can sue anyone for anything.
How far you get in the process is another matter.
0
Posted on 2/26/24 at 2:05 pm to Joshjrn
quote:
SFST != breath chemical test. I’m not aware of a single state that has any penalty whatsoever for refusing SFST.
In WI if you refuse they will arrest you, take you to the hospital and take a blood sample. They will strap you in the chair if necessary.
They don't even bother with breathalyzers anymore as apparently too many lawyers got good at beating them in court.
eta-And refusal is an automatic administrative suspension of your license.
This post was edited on 2/26/24 at 2:07 pm
Posted on 2/26/24 at 2:10 pm to NatalbanyTigerFan
Can't fool the HGN.
Posted on 2/26/24 at 2:17 pm to NatalbanyTigerFan
WTF? That cop was no doubt a loser in HS and takes pride in fricking up someone's day all because it makes him feel better about himself.
But at least he has paperwork showing he is doing his job right? frick a common sense solution.
But at least he has paperwork showing he is doing his job right? frick a common sense solution.
Posted on 2/26/24 at 2:21 pm to NatalbanyTigerFan
This guy is a dick. FWIW No police officer should have a beard unless he's undercover. Just say I'm not doing it and ask the officer if he's going to give you a DUI anyway. When he says yes, stop.
Posted on 2/26/24 at 2:22 pm to BuckyCheese
quote:
eta-And refusal is an automatic administrative suspension of your license.
A quick google search says you're wrong.
Posted on 2/26/24 at 2:24 pm to NatalbanyTigerFan
I have actually passed one while quite drunk. They made me wait 45 min for a cop to bring a breathalyzer because they knew I was drunk but admitted I passed all field tests. By the time it arrived I passed the breathalyzer at .06
They were pissed
They were pissed
Posted on 2/26/24 at 2:26 pm to Snipe
quote:
Get pulled over for suspected DUI frequently do you?
There was a time.
Not for a very long time.
...but there was a time.
Posted on 2/26/24 at 2:30 pm to CR4090
quote:
Mr Turner DUI
Now this is how you handle FSTs.
With how he is walking around and acting in that video, modern cops would have drawn a pistol on him.
Posted on 2/26/24 at 2:35 pm to G2160
quote:
I assume that they’re going to breathalyze if you refuse SFST? So what’s the point of an SFST? To further build a case against you?
The SFST is to build a case against you if you refuse to blow or if you don’t blow above the limit. That way they can claim either a combination of drugs and alcohol (low blow) or straight drugs if you blow zeroes. They even add the always fun “vertical nystagmus” as an indicator of narcotic impairment.
Judges who actually know what they are doing consider SFST to be an “investigatory tool” and not proof of intoxication or impairment.
Posted on 2/26/24 at 2:47 pm to kywildcatfanone
quote:
Maybe don't drink and drive
That sounds good and all but the new tactic is to say you failed the test and when you blow zeros they say you're under the influence of Marijuana. Now you've got a dui hanging over your head for the 3 months it takes for blood work to come back.
Posted on 2/26/24 at 2:48 pm to Old Money
quote:
With how he is walking around and acting in that video, modern cops would have drawn a pistol on him.
Exact same thing I thought.. He even touches the woman lol.. He'd get shot today now that our LEO's are soldiers!
Posted on 2/26/24 at 2:51 pm to BuckyCheese
quote:
In WI if you refuse they will arrest you, take you to the hospital and take a blood sample. They will strap you in the chair if necessary. They don't even bother with breathalyzers anymore as apparently too many lawyers got good at beating them in court. eta-And refusal is an automatic administrative suspension of your license.
I’ve never so much as been to Wisconsin, and I’m certainly not Barred there, but I can’t seem to find anything about field sobriety tests, outside of chemical tests used in the field, in their implied consent statute:
LINK
Posted on 2/26/24 at 2:56 pm to NatalbanyTigerFan
Did you know that normal smooth pursuit (eyes following a target like a moving finger smoothly) typically only are accurate up to 30deg/sec and the eye uses saccadic eye movements (abrupt jump to catch up) if faster than that? That means if a police officer makes you follow their finger faster than 30deg/sec then inherently it is an inaccurate test.
Now I’ve never tried to use that in court and I’m not an attorney but just that simple test alone is likely done wrong most of the time. The more you know…
Now I’ve never tried to use that in court and I’m not an attorney but just that simple test alone is likely done wrong most of the time. The more you know…
Posted on 2/26/24 at 2:56 pm to BilbeauTBaggins
Yeah cause we know that happens every time. Quit looking for excuses
Posted on 2/26/24 at 2:59 pm to killercoconut
quote:
Did you know that normal smooth pursuit (eyes following a target like a moving finger smoothly) typically only are accurate up to 30deg/sec and the eye uses saccadic eye movements (abrupt jump to catch up) if faster than that? That means if a police officer makes you follow their finger faster than 30deg/sec then inherently it is an inaccurate test. Now I’ve never tried to use that in court and I’m not an attorney but just that simple test alone is likely done wrong most of the time. The more you know…
It’s supposed to take at least two seconds to go from center to maximum deviation. It’s actually one of the easier issues to object to, because it’s so obvious. The more difficult ones are the height of the stimulus (it’s supposed be slightly above eye level, and it’s almost always way too high), contrast of stimulus, backlighting, etc. Then you have “impossible to object to” which is the actual presence or absence of smooth tracking or nystagmus.
Posted on 2/26/24 at 3:04 pm to Joshjrn
quote:
false positive rate between 24%-28%.
Hmmmmmmmmmm, what other test in our recent past had an even higher failure rate and was considered ironclad?
Posted on 2/26/24 at 3:16 pm to crossfire
quote:
The eye test is difficult but don’t file the light all the way, go as far as you can and focus on something in the distance, they are looking for your eyes to shake or your head to turn.
the eye test is flawed. People can have natural nystagmus. In fact, I do have it and my eye doctor noted it in her chart. She told me if you ever get pulled over and failed that test, she would be in the witness stand for me....so I got that going for me, which is nice.
Posted on 2/26/24 at 4:51 pm to NatalbanyTigerFan
What a little sawed off meat-head ahole. Hope he finds himself in this situation in the future.
Posted on 2/26/24 at 4:59 pm to NatalbanyTigerFan
Don’t drink and drive. Too many innocent dead people from “I'm ok”. drivers.
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