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Started By
Message
re: St Tammany woman held overnight in jail for DWI even though she blew 0.0
Posted on 7/26/17 at 3:12 am to crap4brain
Posted on 7/26/17 at 3:12 am to crap4brain
quote:
but do people have any recourse against being detained when they haven't done anything wrong?
nope... roughly the same shite happened to me. didn't have my DL, but literally 5 other forms of ID including college, hunting, social security, insurance, etc. Officer said I could have faked them and be impersonating the real owner of the vehicle. Even convinced her to call my mom and ask her my social to confirm i was who I said i was. After that confirmation, thought I was free to go, but these two bitches put me in handcuffs.
had to spend the night in jail and was told "i'm sorry" by the judge, that she was throwing out my case and the officer would be warned. fricking bullshite.
1
Posted on 7/26/17 at 6:05 am to LucasP
quote:
Play stupid games win stupid prizes.
Posted on 7/26/17 at 6:14 am to Srbtiger06
quote:Was arrested for a dui that was dropped a week later. Got pulled over for my window tint. Cop smelled alcohol when he came back to give me my ticket. I had just drank 3 beers and would have been close to .08. Didn't blow.
Yup. I was coming in late after having nothing to drink and a cop pulled me over. Said I almost hit 2 cars crossing the road when there were no other cars present. Did field tests and passed. Said he was taking me in until I insisted on a breathalyzer.
He wrote that I was swerving so much that I put both right tires up and over the curb and was driving down a sidewalk.
To this day I hope he's kidnapped raped and murdered. It takes one evil person to be ok with lying that frivolously, ruining people's lives, in order to make a buck for your police force.
Posted on 7/26/17 at 6:37 am to magildachunks
quote:
Re-read this topic.
Re-read the second post in this topic.
Posted on 7/26/17 at 6:53 am to magildachunks
Correct we can play the what if. If all else fails the intoxilyzer will give you a reading if you honestly believe they are under the influence.
But to be honest I've run into very few people who had legit eye problems that couldn't perform the test. Physical problems are more common for people who couldn't perform the other tests. Plus there is very reasons why someone couldn't complete the HGN test(eye test)
But to be honest I've run into very few people who had legit eye problems that couldn't perform the test. Physical problems are more common for people who couldn't perform the other tests. Plus there is very reasons why someone couldn't complete the HGN test(eye test)
Posted on 7/26/17 at 6:54 am to Bullfrog
quote:
Take me to jail bitch, I ain't stripping for no dui hungry cop.
Haha I just caught that. Setting a good example everyday bud
Posted on 7/26/17 at 7:15 am to ReauxlTide222
If you don't mind me asking, why did it get thrown out so early? I'm assuming this is before dash cam video? Did you perform the SFST's? And any negativity towards your license such as suspension or anything?
Posted on 7/26/17 at 7:30 am to xxGEAUXxx
quote:My arresting officer was caught making women take their shirts off during arrests and banging out some lady cop at another cop's funeral(in his car).
If you don't mind me asking, why did it get thrown out so early? I'm assuming this is before dash cam video? Did you perform the SFST's? And any negativity towards your license such as suspension or anything?
City dropped everything that he was working on. Happened in Lakeland, Florida if you wanna read about it.
I still lost my license for a year.
Posted on 7/26/17 at 10:44 am to ReauxlTide222
Well I'm glad you didn't get any criminal charges but that sucks man. A few bad cops make every good cop look bad.
Posted on 7/26/17 at 11:08 am to Masterag
quote:
but do people have any recourse against being detained when they haven't done anything wrong?
42 U.S. Code § 1983 - Civil action for deprivation of rights
Posted on 7/26/17 at 11:54 am to xxGEAUXxx
I failed the follow the finger test when I was completely sober according to a fine cop in Starkville. Of course he made me take my eye glasses off before doing an eye test...
Posted on 7/26/17 at 12:41 pm to xxGEAUXxx
quote:
But a majority of people eyes will tell the whole story.
False. That test is flawed because its subjective.
quote:
Using nystagmus as an indicator of alcohol intoxication is an unfortunate choice, since many normal individuals have physiologic end-point nystagmus…Without a neuro-opthalmologist or someone knowledgeable about sophisticated methods of eye movement recordings, it is difficult to determine whether the nystagmus is pathologic. It is unreasonable that such difficult judgments have been placed in the hands of minimally trained officers. Dell’Osso, "Nystagmus, Saccadic Intrusions, Oscillations and Oscillopsia", 147 Current Neuro-Opthalmology 147.
See also an interesting article by Umeda and Sakata entitled "Alcohol and the Oculomotor System", 87 Annals of Otology Rhinology 69, wherein scientists concluded that gaze nystagmus was one of the least sensitive eye measurements of alcohol intoxication. The nystagmus which officers are trained to believe indicates intoxication is naturally present in some individuals without the presence of alcohol. It can also be caused by many other factors, as the Supreme Court of Kansas has noted after a review of the scientific literature:
Nystagmus can be caused by problems in an individual’s inner ear…. Physiological problems such as certain kinds of diseases can result in gaze nystagmus….Furthermore, conditions such as hypertension, motion sickness, sunstroke, eyestrain, eye muscle fatigue, glaucoma, and changes in atmospheric pressure may result in nystagmus. The consumption of common substances such as caffeine, nicotine, or aspirin also lead to nystagmus almost identical to that caused by alcohol consumption. State v. Witte, 836 P.2d 1110.
Obviously, drinking coffee and smoking cigarettes are not unusual. And note that most DUI arrests occur late at night — just when eyestrain and eye muscle fatigue are most expected
This post was edited on 7/26/17 at 12:43 pm
Posted on 7/26/17 at 12:46 pm to saintsfan1977
quote:
False. That test is flawed because its subjective.
Nuh-uh. It's the most reliable test in the ever! The eyes don't lie!
This post was edited on 7/26/17 at 12:47 pm
Posted on 7/26/17 at 3:13 pm to Eric Nies Grind Time
Some people have a natural nystagmus. Which is very rare but can show 6 out of 6 clues even when sober
Posted on 7/26/17 at 3:16 pm to saintsfan1977
Well most tests are flawed unfortunately. But if you look further at natural nystagmus, it's a very rare case. Even if you score 6 out of 6 and 0 on the other tests a blood or intox test will show that you're sober. It should be a non issue if you are sober.
Posted on 7/26/17 at 3:19 pm to magildachunks
quote:
Nuh-uh. It's the most reliable test in the ever! The eyes don't lie!
It's a pretty reliable test. It's pretty simple to avoid being arrested for dui. Don't drink and drive
Posted on 7/26/17 at 3:50 pm to xxGEAUXxx
quote:
Don't drink and drive
and even when you blow a 0.0, you're still guilty
Posted on 7/26/17 at 4:20 pm to SlowFlowPro
How so? Find an conviction where the defendant blew .00 and got convicted where the department/court are not arse backwards. I'm sure there are departments that are bad and lie/chase fake drunks but not every department is like that.
I've pulled people over who I thought was drunk but they were right at the limit. Enough to get a conviction maybe, but instead be a nice guy and give them rides or call a taxi for them. Not every cop looks to jam people up
I've pulled people over who I thought was drunk but they were right at the limit. Enough to get a conviction maybe, but instead be a nice guy and give them rides or call a taxi for them. Not every cop looks to jam people up
Posted on 7/26/17 at 4:31 pm to xxGEAUXxx
quote:
How so? Find an conviction where the defendant blew .00
Look at the thread title. So the defendant has to spend thousands to prove his innocence? Thats not fricked up at all.
Posted on 7/26/17 at 4:43 pm to saintsfan1977
Well it doesn't appear just for alcohol. I haven't read every detail so far. Did they just have her use the intox? Or did they draw blood?
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