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Posted on 7/24/24 at 1:39 pm to Tantal
quote:
Tantal
Gave most of the reasons. Another one, which he mentioned, is lots of folks don't realize that you can get a DWI/DUI and never have blown. Being over the limit is just prima facie evidence you are violating the statute regarding driving impaired.
Posted on 7/24/24 at 1:40 pm to lostinbr
Run along and do some homework
quote:
Probable cause to arrest exists when the facts and circumstances within the officer's knowledge are sufficient to justify a man of ordinary caution in believing that the person to be arrested has committed a crime. Beck v. Ohio, 379 U.S. 89, 85 S.Ct. 223, 13 L.Ed.2d 142 (1964); State v. Wilson, 467 So.2d 503 (La. 1985). The determination of probable cause, although requiring something more than bare suspicion, does not require evidence sufficient to support a conviction. Probable cause, as the very name implies, deals with probabilities. Brinegar v. United States, 338 U.S. 160, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949). The determination of probable cause, unlike the determination of guilt at trial, does not require the fine resolution of conflicting evidence that a reasonable doubt or even a preponderance standard demands, and credibility determinations are seldom crucial in deciding whether the available evidence supports a reasonable belief that the person to be arrested has committed a crime. Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975); State v. Rodrigue, 437 So.2d 830 (La. 1983). The determination of probable cause involves factual and practical considerations of everyday life on which average men, and particularly average police officers, can be expected to act. State v. Ogden and Geraghty, 391 So.2d 434 (La. 1980).
The totality of the information known to the police at the time of the arrest]" is a factor
Posted on 7/24/24 at 1:59 pm to lostinbr
The best I 'very run into was once a cop stopped a kid here locally who did not necessarily exhibit any signs of drinking and the cop says he smells the presence of Marijuana. Kid says to him I never realized Cane's smelled like that.....he had like 4 or 5 Caniacs for a late night Cane's run for his friends who had been dtinking.
The kid said that if they had asked him why so many Cane's.....well because of Marijuana
The kid said that if they had asked him why so many Cane's.....well because of Marijuana
Posted on 7/24/24 at 1:59 pm to Proximo
Fun fact. I think the la state legislature just passed a law making it illegal to refuse id to a cop under any circumstances.
Posted on 7/24/24 at 2:14 pm to caro81
quote:
to what purpose i have no idea.
Generate revenue for their department, they actually don’t give a frick about public safety.
Posted on 7/24/24 at 2:16 pm to Scruffy
Never try your case on the side of the road.
Posted on 7/24/24 at 2:18 pm to Scruffy
They start with divided attention tests, then move to SFST, as investigatory tactics to justify the breath chemical test. If they just start with offering a breath chemical test, and it gets refused, they will have an extremely hard time getting a warrant, having the refusal suspension hold up, etc, etc.
Posted on 7/24/24 at 2:18 pm to Scruffy
quote:
OT Police, why don’t go directly to the breathalyzer?
by Scruffy
Do you know who I am?
Posted on 7/24/24 at 2:28 pm to CleverUserName
quote:
Have you ever known of anyone passing a FST and that be the end of it?
Me.
Perkins and Lee. Circa ‘99.
Posted on 7/24/24 at 2:29 pm to Scruffy
quote:Turn that one down too
They still do the breathalyzer at the station though. The entire field test intimately leads to a breathalyzer at the station anyway.
Posted on 7/24/24 at 2:36 pm to caro81
quote:
was just talking to my brother about this two days ago. apparently he got stopped and the cop was being a prick. Asked him to recite the alphabet backwards while skipping every 3rd letter.
he said frick that just breathalyze me and the cop just told him to leave. i guess they want to catch you fricking up these insane arse tests they come up with. to what purpose i have no idea.
None of that happened. SFSTs are exactly that, standardized, across the country. The horizontal-gaze-nystagmus (HGN) test, the walk-and-turn test, and the one-leg-stand
Posted on 7/24/24 at 2:39 pm to Scruffy
I just refuse to be arrested.
Posted on 7/24/24 at 2:40 pm to Havoc
quote:
Have you ever known of anyone passing a FST and that be the end of it?
Personally? Hundreds of people.
Posted on 7/24/24 at 2:40 pm to Scruffy
Scruffy and the OT will love this one.
I was in court waiting on a hearing and watched a Probable Cause hearing on a DWI case. They call the Trooper to the stand and the Prosecutor asks him a couple of questions (saw him swerving, etc) and they proceed to the classic "smell of an alcoholic beverage", blah, blah, blah, failed the Field Test, etc. Defense Attorney gets up and says "what is the Field Test?" and the Trooper tells how he had the driver stand straight with his arms out to the sides, tilt his head back and touch his nose. As the Trooper is answering the question he mimics the test from the witness seat (no one asked him to) and he completely misses his nose. Everyone saw it.
The Defense Attorney stands there stunned and the Judge looks at the Trooper and says "have you been drinking this morning?" The Trooper says NO! and the Judge looks at the Prosecutor. There is a brief pause, the attorneys approach the bench and return to their tables and then a Motion is offered to drop all charges. Which the Judge grants. It was hilarious.
I was in court waiting on a hearing and watched a Probable Cause hearing on a DWI case. They call the Trooper to the stand and the Prosecutor asks him a couple of questions (saw him swerving, etc) and they proceed to the classic "smell of an alcoholic beverage", blah, blah, blah, failed the Field Test, etc. Defense Attorney gets up and says "what is the Field Test?" and the Trooper tells how he had the driver stand straight with his arms out to the sides, tilt his head back and touch his nose. As the Trooper is answering the question he mimics the test from the witness seat (no one asked him to) and he completely misses his nose. Everyone saw it.
The Defense Attorney stands there stunned and the Judge looks at the Trooper and says "have you been drinking this morning?" The Trooper says NO! and the Judge looks at the Prosecutor. There is a brief pause, the attorneys approach the bench and return to their tables and then a Motion is offered to drop all charges. Which the Judge grants. It was hilarious.
Posted on 7/24/24 at 3:12 pm to Scruffy
Because a large portion of impaired drivers are dopeheads who blow 0.
Posted on 7/24/24 at 3:19 pm to CHAZILLA
quote:
None of that happened. SFSTs are exactly that, standardized, across the country. The horizontal-gaze-nystagmus (HGN) test, the walk-and-turn test, and the one-leg-stand
yeah, because cops do exactly what they are suppose to do all the time.
Posted on 7/24/24 at 3:37 pm to CleverUserName
quote:
Have you ever known of anyone passing a FST and that be the end of it? Released?
Happens all the time. You have the odor of alcohol emanating from inside the vehicle. Guy says he had 5 beers over a 3 hour period watching a ball game at his friend's house. Pull him out and test him. He has 2 clues on HGN, 1 on Walk-and-Turn, and 1 on One Leg Stand. 4-2-2 is the threshold for arrest. At 2-1-1 you send him on his way. I've sent more people on their way than I've arrested.
Posted on 7/24/24 at 3:40 pm to caro81
Have a cop friend that says the backwards alphabet deal is done hoping the person says “I couldn’t do that sober”….
Posted on 7/24/24 at 3:41 pm to caro81
quote:
yeah, because cops do exactly what they are suppose to do all the time
Yes. Because they're standardized. If administered incorrectly, the case gets tossed.
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