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re: St Tammany woman held overnight in jail for DWI even though she blew 0.0

Posted on 7/24/17 at 9:58 am to
Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
32417 posts
Posted on 7/24/17 at 9:58 am to
quote:

But she also blatantly admits that she told the officer she drank earlier in the night and failed the field sobriety test miserably while laughing uncontrollably throughout the police interview. What were they supposed to do with someone who admitted drinking earlier, can't pass a field sobriety test and acts strange?

Well, the whole 0.00 on the breathalyzer should negate any admission of drinking earlier, because she obviously wasn't drunk

If you think she was on some type of drugs, that's a whole different story, but has nothing to do with the admission that she drank alcohol earlier in the night.
Posted by crap4brain
Louisiana
Member since Sep 2004
2497 posts
Posted on 7/24/17 at 9:58 am to
quote:

What were they supposed to do with someone who admitted drinking earlier, can't pass a field sobriety test and acts strange? Let her drive off?


I agree that it merits further testing, but once the breathalyzer shows no alcohol, why would they continue to hold you?
Posted by mikelbr
Baton Rouge
Member since Apr 2008
47474 posts
Posted on 7/24/17 at 10:07 am to
quote:

why would they continue to hold you?


She could be high on the pot.
Posted by TigerNlc
Chocolate City
Member since Jun 2006
32491 posts
Posted on 7/24/17 at 10:09 am to
WNHI
Posted by Chad504boy
4 posts
Member since Feb 2005
166210 posts
Posted on 7/24/17 at 10:21 am to
quote:

There was another test, this one I just knew I could pass. I had to listen very carefully to the directions and I did, I knew passing this one was important. I was determined to pass this. "Point your head up and count to yourself, not out-loud, until you get to 30 seconds and when you think 30 seconds have passed put your head down and immediately shout 'stop'". As the officer monitored with a timer I put my head up and begin to count to myself... 1001, 1002, 1003, and when I got to 1010, a wave of panic came over me and the thought of 'is that really how you count by seconds or am I remembering right? I don't think you say 1001, 1002, oh, no! and the time it took to just think this thought, maybe it's already 30 seconds!' Immediately I drop my head and said "stop" at which both officers begin laughing. It seemed they had that "I got ya!" moment. Me and my remedial math; they said it had only been 10 seconds. Now they were certain I was under the influence of something. So they cuffed my hands behind my back and put me into the patrol car and begin to thoroughly search on my car.
Posted by Bmath
LA
Member since Aug 2010
18665 posts
Posted on 7/24/17 at 10:30 am to
quote:

I wasn't intoxicated, but I was judged to be under the influence the moment I stepped out of my vehicle


Leaving a football game in The Dome, my dad accidentally exited a parking garage the wrong way onto a one-way street. As he tried to turn around a cop pulled in front of him and hit his lights.

The first thing he said to my dad was "Sir, I know you've been drinking tonight so go ahead and step out the car." My dad had one beer an hour or so before the 3-4 hour football game. He was sober, yet the officer had already made a very large leap in assumption in the way he addressed my dad.

The best part about the whole thing, after passing the field sobriety test with flying colors, was that he pointed out to the officer that the sign in the parking garage was unclear about the direction to exit.

A week later he tried to address the ticket he got for driving the wrong way but it wasn't even in the system. He eventually got a pay now or show up in court notice. My dad just paid it because it wasn't worth his time to drive to NOLA and fight the thing.
Posted by Hester Carries
Member since Sep 2012
22407 posts
Posted on 7/24/17 at 10:32 am to
quote:

This has been my argument against dui. The cop only has to say you swerved or he smells it and you are in jail. In dui cases, you are guilty until proven innocent.



Which is why you dont blow. Dont ever blow. Nothing good comes from it. They wont let you go. They wont say "my bad". It will only frick you. So just understand that if you get pulled over late at night and a cop asks you if you have been drinking, you are spending the night in jail. Doesnt matter if you can say the alphabet backwards or recite the entire play "Pirates of Penzance". Doesnt matter. Accept it. But, you can refuse any and all tests and not have a DUI on your record and save a shite ton of money. Tough pill to swallow but you gotta do it.
Posted by Zanzibaw
BR
Member since Jun 2016
2946 posts
Posted on 7/24/17 at 10:36 am to
quote:

You can blow a 0.0 and still be under the influence of something.


Tiger Woods says hi
Posted by magildachunks
Member since Oct 2006
32482 posts
Posted on 7/24/17 at 10:46 am to
quote:

Which is why you dont blow. Dont ever blow. Nothing good comes from it. They wont let you go. They wont say "my bad". It will only frick you. So just understand that if you get pulled over late at night and a cop asks you if you have been drinking, you are spending the night in jail. Doesnt matter if you can say the alphabet backwards or recite the entire play "Pirates of Penzance". Doesnt matter. Accept it. But, you can refuse any and all tests and not have a DUI on your record and save a shite ton of money. Tough pill to swallow but you gotta do it.




And also be prepared for a breathalyzer in your car for DMV.

Refusal to blow is automatic 6 month installation unless you can win the panel hearing. But be prepared to pay at least a grand for a lawyer as they are the only ones who can request said hearing.
Posted by bendellee
Member since Aug 2006
2428 posts
Posted on 7/24/17 at 10:50 am to
If you can't count past 10 without panicking, you probably shouldn't be driving. Drunk or not.
Posted by ihometiger
Member since Dec 2013
12475 posts
Posted on 7/24/17 at 10:53 am to
Is she flaunting her St. Tammany Parish White Privilege by posting this on Facebook?
Posted by jimmy the leg
Member since Aug 2007
34088 posts
Posted on 7/24/17 at 11:21 am to
The new sheriff has gone overboard imho. He spent a shite ton of money on new uniforms, new paint jobs on the cars, and even new badges if I heard correctly. Then, after his money grab with the tax renewal failed, he raised it anyway (to the max alllowed under shady circumstances concerning weird tax "zones" iirc). I can look at the photo of that woman and my first thought is that she has Bells Palsy. To me, it is something that would have made me question typical roadside sobriety test results. I fear what the new sheriff has in store for the citizens of St. Tammany. It would seem as though the sheriff has a new revenue source. This guy is looking pretty sketch imo.
This post was edited on 7/24/17 at 11:25 am
Posted by PurpleandGold Motown
Birmingham, Alabama
Member since Oct 2007
21958 posts
Posted on 7/24/17 at 11:23 am to
No recourse at all. It's officer's discretion. DUI laws are seriously fricked in this country.
Posted by PurpleandGold Motown
Birmingham, Alabama
Member since Oct 2007
21958 posts
Posted on 7/24/17 at 11:28 am to
quote:

There was another test, this one I just knew I could pass. I had to listen very carefully to the directions and I did, I knew passing this one was important. I was determined to pass this. "Point your head up and count to yourself, not out-loud, until you get to 30 seconds and when you think 30 seconds have passed put your head down and immediately shout 'stop'". As the officer monitored with a timer I put my head up and begin to count to myself... 1001, 1002, 1003, and when I got to 1010, a wave of panic came over me and the thought of 'is that really how you count by seconds or am I remembering right? I don't think you say 1001, 1002, oh, no! and the time it took to just think this thought, maybe it's already 30 seconds!' Immediately I drop my head and said "stop" at which both officers begin laughing. It seemed they had that "I got ya!" moment. Me and my remedial math; they said it had only been 10 seconds. Now they were certain I was under the influence of something. So they cuffed my hands behind my back and put me into the patrol car and begin to thoroughly search on my car.


This is a retarded, made up test. It's virtually impossible to keep accurate time in your head. Go ahead and give it a try. You won't come close to 30 seconds.
Posted by PurpleandGold Motown
Birmingham, Alabama
Member since Oct 2007
21958 posts
Posted on 7/24/17 at 11:30 am to
quote:


And also be prepared for a breathalyzer in your car for DMV.

Refusal to blow is automatic 6 month installation unless you can win the panel hearing. But be prepared to pay at least a grand for a lawyer as they are the only ones who can request said hearing.


I won mine in Alabama. The slightest mistake on paperwork or an overworked clerk who does not process your paperwork on time gets it chucked out.

Seriously, never blow. It's not worth it. Your lawyer can perform miracles if you don't blow. If you do, he's (excuse the pun) handcuffed.
Posted by samson73103
Krypton
Member since Nov 2008
8128 posts
Posted on 7/24/17 at 11:59 am to
quote:

Which is why you dont blow. Dont ever blow. Nothing good comes from it.

In Louisiana, if I'm not mistaken, refusal to submit to a breathalyzer results in double the amount of time your license are suspended.

I have had a sitting sheriff who's also a family friend, tell me to never, ever refuse a breath test. Not sure if he was acting as a friend or as a sheriff when he told me that though.
Posted by magildachunks
Member since Oct 2006
32482 posts
Posted on 7/24/17 at 12:02 pm to
quote:

I have had a sitting sheriff who's also a family friend, tell me to never, ever refuse a breath test. Not sure if he was acting as a friend or as a sheriff when he told me that though.



Have had a sitting DUI judge who's also a family member say you never do what the police ask. No road tests, no breathelyzer. Just tell them you want to speak to a lawyer before doing anything else.
Posted by shel311
McKinney, Texas
Member since Aug 2004
110780 posts
Posted on 7/24/17 at 12:04 pm to
quote:

This is a retarded, made up test. It's virtually impossible to keep accurate time in your head. Go ahead and give it a try. You won't come close to 30 seconds.

1. I doubt that passing the test requires to you be at exactly 30 seconds.

2. I may not do it at exactly 30 seconds, but I highly doubt I'd yell "STOP" at 10 seconds, so there's that.
Posted by tgrbaitn08
Member since Dec 2007
146214 posts
Posted on 7/24/17 at 12:04 pm to
not sure if it's been mentioned yet but she post here...
Posted by Yewkindewit
Near Birmingham, Alabama
Member since Apr 2012
20026 posts
Posted on 7/24/17 at 12:06 pm to
Read that as blew both men......
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