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re: St Tammany woman held overnight in jail for DWI even though she blew 0.0
Posted on 7/25/17 at 10:07 am to magildachunks
Posted on 7/25/17 at 10:07 am to magildachunks
I did. If they believe her to be under the influence of alcohol only. She wouldn't be held blowing .00. A dead give away they believe more is on board is her results of the modified rhomberg. I'm sorry even drunk people get pretty close to 30. Pills plus weed bruh.
1
Posted on 7/25/17 at 10:10 am to DivotBreath
All good and dandy unless you have priors. You have a prior dui offense. A search warrant for you blood will be granted in most states.
Posted on 7/25/17 at 10:44 am to xxGEAUXxx
quote:
I did. If they believe her to be under the influence of alcohol only. She wouldn't be held blowing .00. A dead give away they believe more is on board is her results of the modified rhomberg. I'm sorry even drunk people get pretty close to 30. Pills plus weed bruh.
So you agree that taking a breathalyzer is completely pointless as far as the suspect is concerned? It can only be used to give the prosecutors evidence against you if the cop can just ignore the results because he doesn't like them?
This post was edited on 7/25/17 at 10:45 am
Posted on 7/25/17 at 10:46 am to xxGEAUXxx
quote:
All good and dandy unless you have priors. You have a prior dui offense. A search warrant for you blood will be granted in most states.
Gonna need a link on this.
I've asked for the blood test and the cop told me no.
Posted on 7/25/17 at 10:47 am to crap4brain
You can get arrested for a charge, go to probable cause court, while still being held, and the judge may not find probable cause for the charge.
You still go through the process.
You still go through the process.
Posted on 7/25/17 at 1:53 pm to magildachunks
quote:
So you agree that taking a breathalyzer is completely pointless as far as the suspect is concerned? It can only be used to give the prosecutors evidence against you if the cop can just ignore the results because he doesn't like them?
Well I wouldn't say it's pointless. You get fricked on being suspended. I might see the point if you are over .16 making it an aggravated circumstance. I don't know about LA law but where I'm from a minimum for a dui is .04 for alcohol not including other substances.
Posted on 7/25/17 at 1:55 pm to xxGEAUXxx
quote:that is ridiculous.
I'm from a minimum for a dui is .04
.04 is completely damn sober
Posted on 7/25/17 at 1:59 pm to magildachunks
Some case law for blood draw warrants
Cops can ask for the intox or blood. If an officer believes alcohol then they will ask for intox. If they suspect any other dui they will ask for blood.
Again I don't know LA law but where I'm from if they have previous convictions the officer can get a search warrant to get blood.
Cops can ask for the intox or blood. If an officer believes alcohol then they will ask for intox. If they suspect any other dui they will ask for blood.
Again I don't know LA law but where I'm from if they have previous convictions the officer can get a search warrant to get blood.
Posted on 7/25/17 at 2:03 pm to SuperSaint
To some people yes. Not everyone that is .08 or lower is arrested. That's why LEO's have people go through Standard Field Sobriety Tests(HGN follow the finger, walk and turn, one leg stand). A lot of folks can be perfectly normal at .1 some can't even walk at .04. It all depends on the person.
Posted on 7/25/17 at 3:25 pm to xxGEAUXxx
quote:
To some people yes. Not everyone that is .08 or lower is arrested. That's why LEO's have people go through Standard Field Sobriety Tests(HGN follow the finger, walk and turn, one leg stand). A lot of folks can be perfectly normal at .1 some can't even walk at .04. It all depends on the person.
First: where are you from.
Second: those tests are completely subjective with no medical nor scientific basis to support the claims that they indicate any kind of impairment and are designed for you to fail so the officers have something to give the courts.
Many people are naturally uncoordinated enough to not be able to stand on one foot sober. This doesn't impair their ability to operate a vehicle.
Posted on 7/25/17 at 3:59 pm to magildachunks
No, they arent designed for you to fail.
And some simple research shows that 90% of the time they correctly identify impaired drivers.
It's a good test to determine if someone needs a beathalyzer or blood test. It also eliminates drivers that aren't under the influence quickly.
And some simple research shows that 90% of the time they correctly identify impaired drivers.
It's a good test to determine if someone needs a beathalyzer or blood test. It also eliminates drivers that aren't under the influence quickly.
Posted on 7/25/17 at 4:21 pm to magildachunks
quote:wat?
Second: those tests are completely subjective with no medical nor scientific basis to support the claims that they indicate any kind of impairment and are designed for you to fail so the officers have something to give the courts.
Follow the finger is incredibly accurate. For drunk people or pillheads, the eyes "ratchet" while following the finger. Whereas, with sober people the eye movement will be smooth. I've done this numerous times and its very noticeable difference.
They are also not designed to fail. They are designed to not be easy. If the test is too easy, then officers have a hard time separating drunk/sober.
Posted on 7/25/17 at 5:50 pm to magildachunks
Law enforcement in Montana and Minnesota.
A little science behind dui testing
I agree some of the physical tests such as the walk and turn or one leg stand can be difficult to perform. Being uncoordinated has nothing to do with it. It's about balance and making your brain multitask.
Regardless of balance or coordination, the eyes never lie. Of course you don't have a medical condition. It's real easy to see if someone is impaired or not by there eyes. For fun before you drink next with your buddies have the follow your finger slowly. After a few drinks, try it again. You will see there eyes have a difficult time following you and will shake/skip. Even with most seasoned drinker they will show impairment pretty quickly in the eyes.
The rest are not set up for people to fail. I've run people through who I thought was impaired but simple sucked at driving and only realistically had a beer or two. I've run people through the tests and figures heck they have to be .2 or greater and only turn out to be around .04-.08.
A little science behind dui testing
I agree some of the physical tests such as the walk and turn or one leg stand can be difficult to perform. Being uncoordinated has nothing to do with it. It's about balance and making your brain multitask.
Regardless of balance or coordination, the eyes never lie. Of course you don't have a medical condition. It's real easy to see if someone is impaired or not by there eyes. For fun before you drink next with your buddies have the follow your finger slowly. After a few drinks, try it again. You will see there eyes have a difficult time following you and will shake/skip. Even with most seasoned drinker they will show impairment pretty quickly in the eyes.
The rest are not set up for people to fail. I've run people through who I thought was impaired but simple sucked at driving and only realistically had a beer or two. I've run people through the tests and figures heck they have to be .2 or greater and only turn out to be around .04-.08.
Posted on 7/25/17 at 6:01 pm to kengel2
quote:
No, they arent designed for you to fail.
Subjective opinion on your part.
A person can have an undiagnosed otitis medias and fail.
Posted on 7/25/17 at 6:04 pm to SamuelClemens
Correct. A person might have bad ankles and can't strip heel to toe. But a majority of people eyes will tell the whole story.
Posted on 7/25/17 at 6:24 pm to SamuelClemens
quote:
Subjective opinion on your part.
A person can have an undiagnosed otitis medias and fail.
Its not subjective. If they fail they can take a breathalyzer and blood test. That will prove their innocence.
Its a quick way to identity people that may be under the influence. There are exceptions to everything. Quit making yourself look stupid.
Posted on 7/25/17 at 10:16 pm to kengel2
quote:
Its not subjective. If they fail they can take a breathalyzer and blood test. That will prove their innocence.
Re-read this topic.
Posted on 7/25/17 at 10:18 pm to xxGEAUXxx
quote:
Correct. A person might have bad ankles and can't strip heel to toe. But a majority of people eyes will tell the whole story.
What?
You really think eyes will tell the truth?
You have any idea how many eye problems people have?
Posted on 7/25/17 at 10:57 pm to xxGEAUXxx
quote:Take me to jail bitch, I ain't stripping for no dui hungry cop.
person might have bad ankles and can't strip heel to toe
Posted on 7/26/17 at 3:02 am to DivotBreath
quote:
Best thing to do is act like a rag doll -- make them pick you up and support you
the OT never ceases to amaze.
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