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re: My first encounter with an a-hole cop
Posted on 12/15/18 at 7:54 am to lsufan1971
Posted on 12/15/18 at 7:54 am to lsufan1971
quote:Look man I absolutely despise drinking and driving. It’s one of the stupidest things you can do.
Until you have a family member or members killed by a drunk driver.
But DWI laws are about revenue. If you think the politicians or the DAs or the cops care about your dead family members you’re naive and ignorant. All they want is the money. It’s a cash cow.
Posted on 12/15/18 at 7:54 am to Big Jim Slade
You frickers keep saying he admitted to drinking. Possibly he did, but nowhere in the OP does it say that. Just making shite up. That never happens with the popo does it? And he may be able to plea down to reckless op? He is guilty of speeding. He blew a .01. fricking Joey Gallow could get anything more than a speeding ticket thrown out.
Posted on 12/15/18 at 7:54 am to tigerclaw10
most cops are garbage humans.
DON'T BREAK THE LAW AND THERE WON'T BE A PROBLEM
DON'T BREAK THE LAW AND THERE WON'T BE A PROBLEM
Posted on 12/15/18 at 7:55 am to Napoleon
If it is done properly by a trained cop, it is most definitely admissible in court
Posted on 12/15/18 at 7:55 am to gthog61
quote:
believe every car should have a breathalyzer, just like a seatbelt, but that is just me.
Bars used to have them so people wouldn't drive drunk. They got rid of them because dumbasses started having contests to see who could register the highest number.
Posted on 12/15/18 at 7:56 am to tigerclaw10
A million police officers go out and performed their jobs well last night.
1 police officer pulled over a guy and made a semi-questionable arrest....
The OT: “All cops are pieces of shite human garbage and fricking suck”
1 police officer pulled over a guy and made a semi-questionable arrest....
The OT: “All cops are pieces of shite human garbage and fricking suck”
Posted on 12/15/18 at 7:56 am to Sidicous
quote:
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.
You know how I know you aren't from Baton Rouge?
BRs towing issues 100% have led to more drinking and driving.
Posted on 12/15/18 at 7:57 am to GeauxxxTigers23
quote:
Look man I absolutely despise drinking and driving. It’s one of the stupidest things you can do.
But DWI laws are about revenue. If you think the politicians or the DAs or the cops care about your dead family members you’re naive and ignorant. All they want is the money. It’s a cash cow.
This is the correct answer.
Posted on 12/15/18 at 7:59 am to Sebastian
I had a friend/coworker killed in '98 by an officer doing more than 3x the speed limit in a residential neighborhood and blowing a stop. Had no lights on as was responding to a suspicious person call.
Doing 65+ in a 20.
When we asked to get speed humps like Southsdowns has in BR, local government said it would "impede" emergency vehicles. How fast do said emergency vehicles need to go?
Doing 65+ in a 20.
When we asked to get speed humps like Southsdowns has in BR, local government said it would "impede" emergency vehicles. How fast do said emergency vehicles need to go?
Posted on 12/15/18 at 8:06 am to Hammertime
ONLY, when in conjunction with other tests, not as a standalone indicator.
quote:
ne test that is not standardized but is often used and taught in the certification classes taken by police officers is the Vertical Gase Nystagmus (VGN) test. The VGN is similar to the Horizontal (HGN) test, except it tests for Nystagmus in the eyes when looking upwards instead of from left to right. A “positive” result on a VGN test could indicate that a person is severely intoxicated from alcohol, or it can be an indicator that a person is under the influence of other drugs such as CNS depressants, inhalants, or Dissociative Anesthetics like PCP.
What is Vertical Gaze Nystagmus?
Nystagmus is a medical term that refers to an involuntary jerking of the eye which can be an indication of intoxication from alcohol or certain types of drugs. Before beginning the test, the officer should check for resting nystagmus and the ability to track objects with the eyes, either of which could be an indicator of a medical condition that has nothing to do with intoxication.
VGN is not typically conducted as a stand-alone FST. Usually the officer will conduct the HGN test and then check for VGN as a part of the HGN test process. VGN is often described as a drug test or a marijuana test, but this is not accurate – VGN will only indicate intoxication by drugs that would also cause HGN. It is nevertheless useful because, regardless of BAC, VGN should only appear at higher levels of impairment.
The test subject should stand with their head perfectly still as the officer holds a small penlight, pen, or other small object 12-15 inches from the person’s eyes and then moves it upwards 12-15 inches in a fluid motion that should take about one second. The officer will then hold the position for four seconds while checking the eye for nystagmus. If the eye twitches while looking upwards the person has VGN. If the eye does not twitch, or if it twitches then stops before the four seconds are up, the person does not have VGN.
Is the VGN test reliable?
Like the HGN test, VGN is not a reliable indicator of intoxication when conducted alone. NHTSA has determined that HGN is a reliable indicator of impairment only when conducted in conjunction with the one-leg stand test and the walk and turn test, and only when the officer follows the protocol that NHTSA has laid out for administering each of the tests.
Nystagmus is a medical condition and, although they may be certified in administration of SFST’s, officers are typically not doctors or medical professionals. Nystagmus can be caused by intoxication. Nystagmus is also caused by many other medical conditions that are completely unrelated to intoxication, and most police officers have no idea what these conditions are or how to diagnose them. Nystagmus can be caused by:
multiple sclerosis
brain tumor
head injury
eye injury
hyperventilation
flashing a light in front of one eye
legal medications
nicotine
diabetic neuropathy
inner ear disorders
water in the ear
eye strain
neurological disorders
This is by no means a complete list – there are many more conditions that can cause nystagmus which is why the HGN or VGN test must be done in conjunction with other tests and there must be other indicators of intoxication in addition to HGN or VGN.
The South Carolina Supreme Court has held in State v. Sullivan that HGN (and VGN by implication) is sufficiently unreliable that it is not even admissible as evidence of DUI unless it is offered in conjunction with other tests. It is not conclusive evidence of DUI, it is circumstantial evidence only, and it cannot establish a specific degree of blood alcohol content:
This Court concludes that evidence resulting from HGN tests, as from other field sobriety tests, is admissible when the HGN test was used to elicit objective manifestations of soberness or insobriety. See State v. Nagel, 30 Ohio App.3d 80, 506 N.E.2d 285 (1985). We hold that evidence arising from HGN tests is not conclusive proof of DUI. A positive HGN test result is to be regarded as merely circumstantial evidence of DUI. Furthermore, HGN tests shall not constitute evidence to establish a specific degree of blood alcohol content. See State v. Garrett, 119 Idaho 878, 811 P.2d 488 (1991).
We hold that testimony relating to the HGN test was admissible in the present case because the HGN test was used in conjunction with other field sobriety tests to establish evidence of DUI.
Posted on 12/15/18 at 8:09 am to Torrence Hatch
quote:How were his rights violated? He was pulled over for speeding and guess what...had alcohol in his system. Lucky guess by the cop, or maybe OP, like almost everyone else when pulled over is downplaying how he was driving?
It sounds like your rights were blatantly violated. I strongly recommend you talk to a lawyer, and hopefully sue the shite out of them.
Blowing a .01 though will likely lead to less than a dui charge.
Posted on 12/15/18 at 8:25 am to MoarKilometers
quote:
had a dui incident once where the cop let my passenger urinate in public passed the field sobriety test, so the only crime they witnessed was entirely encouraged by them. it was fla/ga weekend, so i wasn't even terribly upset at the dui allegation.
I was riding with someone and the sobriety test took forever, I got out and told the cop I had to pee and he told me to just go in the LSU lakes but be quick about it
Posted on 12/15/18 at 8:26 am to tigerclaw10
quote:
My first encounter with an a-hole cop
But wont be the last.
Posted on 12/15/18 at 8:30 am to Napoleon
Since they're not required here, they are used as observational evidence IIRC. It's just probable cause to arrest people for DWI. They most definitely included it in the report for me
Posted on 12/15/18 at 8:41 am to TDcline
quote:
Unfortunately they deal with shitty people so often that their perception gets tainted and everyone is guilty until proven innocent
No, they have an attitude like their shite doesn't stink because they are wearing a badge. I have met many police officers through family, getting pulled over, at work and I can literally count on one hand how many I would actually hang around with. You don't get in the police force because of the pay. You get in because of the benefits that you are above and are the law. Like I said 99% are douche bags.
Posted on 12/15/18 at 8:46 am to SlapahoeTribe
quote:
Now, I’ve been told that the field sobriety test is indeed optional and that you can refuse to take it without repercussions. But the breathalyzer is not optional and refusing to take it will get your license suspended for a year (or six months or something). (And apparently there is a hearing to determine if the breathalyzer was warranted, but it’s my understanding that you never win that one, so the breathalyzer is in effect mandatory.)
I do not know the law on this but I have had a couple friends who got DWI arrests and their lawyers told them to never take a breathalyzer.
Also, even if you have been drinking some time in the past several hours or earlier in the day NEVER tell the cop you have had an alcoholic beverage. You just gave him probable cause to do anything and everything...
Posted on 12/15/18 at 8:47 am to saintsfan1977
quote:Wrong.
bullshite. You can refuse every test they ask. Just say nope and nothing more.
Any decent attorney will have your license back in your pocket in a few months. It's a dog and pony show.
At least in Florida.
Posted on 12/15/18 at 8:51 am to GeauxxxTigers23
quote:
Look man I absolutely despise drinking and driving. It’s one of the stupidest things you can do.
But DWI laws are about revenue
Anyone that says otherwise is full of shite. If law enforcement really wanted to eliminate DD, they throw real violators is pound you in the arse prison and stop wasting time trying to catch Johnny Had A Beer With Dinner Smith in some technicality then let him plea it down with nothing on his record (after of course paying the fine)
Posted on 12/15/18 at 8:54 am to tigerclaw10
I’ve only gotten 1 speeding ticket, and I’ve been in the car when a friend got one. Both times the cop showed me the radar reading without me or friend having to ask. Sounds like you were a dick and he returned the favor. And why couldn’t you blow on the side of the road?
Posted on 12/15/18 at 8:55 am to gthog61
quote:Raise the limit significantly and significantly increase the punishment for breaking that law.
List them.
Death penalty for someone who kills a person while driving with a BAC over a certain level. Maybe 2.0 or something, not sure.
fricking with people's lives who drive after 3 beers isn't going to keep people from driving after 13 beers and killing people. And it really turns me off to their cause when people yell at me to wait until one of my family members gets killed by a drunk driver.
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