Multiple states- hundreds of instances

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nagantguy

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Aug 28, 2020
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#1




The rash of people blowing
0.00 and being arrested and charged with dui is not only continuing but growing .

This is not a “cop bash” so please insert a new clean dry pantie liner .

This is nation wide - a new level of open hostility/ warfare against citizens.

Gun owners are and have been a target ; auditors, Christians/Catholics, now it seems that it’s just outright law fare /ware fare against everyday people doing nothing wrong don’t even need to be on one of the naughty lists .

Open law fare against Joe Anybody and Jane Nobody it involves courts and state legislatures as well as those “just DOJ g their job”.
People need to be educated about this before it becomes a run away multi trillion dollar grift like civil asset forfeiture has become .
 
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#5
Becton-Dickinson had faulty BAC test kits a few years back.

Nationwide vacutainer recall raises doubts about blood alcohol tests - Forensic Resources

An announcement from Becton Dickinson and Company (BD) may raise doubts about the validity of some blood alcohol tests conducted across the country since August 31, 2018. On May 30, 2019, with a correction made June 12, 2019, BD announced a recall for its “BD Vacutainer® Fluoride Tubes for Blood...
forensicresources.org forensicresources.org
 
#6
This is all about money for the greedy cities and using Uniform Hangers as revenue agents.
The Uniform Hangers love doing this kind of stuff because they get to be jackbooted thugs and get away with it.

Remember all the "good folks" who were begging and demanding for "more police power" and "let's cut through the red tape of all that civil rights stuff" to go after "those bad drunk drivers".

Well the good folks in their blind stupidity created a raging monster that now attacks everyone.
 
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#7
No narcotics played a part in any of these cases ; I’m surprised and disappointed in the pit group think , “if they are not drunk then they must be high!”

If drunk driving is the suspected crime and the perp blows 0; Then no crime is committed and any arrest is therefore illegal. If drugs are suspected then I guess test for that as well ; but that’s not what’s happening here .
 
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#8
Right now, there is no test for being swacked on weed or edibles.

About 15 years ago, a tech buddy wanted to do a 'breathalyzer' for THC. He had the whole thing worked out. The 'chip' worked. Noone would pick it up.

The left wants hemp-addled voters. Now moving up to hard drugs in flagship states like Oregon.

You do not HAVE to blow numbers to get arrested for DUI. Blowing alcohol numbers is proveable. Drug numbers have to be handled with blood tests. And the legal-industrial-free-weed-drugs-for-lefty-voters-industrial-complex... is not letting the testing regimens move forward.

Hey... whatever. Let the stoners drive. Except the daughter of one of my best friends growing up just ended up head-on'd by a stoner. She is alive but will never be the same. I mean, hey, being stoned while driving is victimless. Unless you are the victim.

Again... whatever. I am sure this is all just evil police trying to get innocent PhD Doctoral candidates who are driving to their church meetings.

Sirhr
 
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#9
It's common knowledge that some people lie. Some people lie when making: claims/allegations/accusations, YT videos, arrests, prosecutions, defenses against prosecutions, in 'news' articles, in 'fact finding' efforts, in just about anything and everything. There are habitual liars. Compulsive liars. Professional liars (demokrats and rinos).

I'm trying very hard to not form an opinion on the non-trivial stuff- unless there's a wealth of objective evidence.
 
#12
sirhrmechanic said:
Right now, there is no test for being swacked on weed or edibles.

About 15 years ago, a tech buddy wanted to do a 'breathalyzer' for THC. He had the whole thing worked out. The 'chip' worked. Noone would pick it up.

The left wants hemp-addled voters. Now moving up to hard drugs in flagship states like Oregon.

You do not HAVE to blow numbers to get arrested for DUI. Blowing alcohol numbers is proveable. Drug numbers have to be handled with blood tests. And the legal-industrial-free-weed-drugs-for-lefty-voters-industrial-complex... is not letting the testing regimens move forward.

Hey... whatever. Let the stoners drive. Except the daughter of one of my best friends growing up just ended up head-on'd by a stoner. She is alive but will never be the same. I mean, hey, being stoned while driving is victimless. Unless you are the victim.

Again... whatever. I am sure this is all just evil police trying to get innocent PhD Doctoral candidates who are driving to their church meetings.

Sirhr
Click to expand...
^^This

Legalized weed is all about the plan. Stoned people are alot easier to control and much less likely to resist. Corrupt NM politicians all got a piece of the action when it was legalized. Nothing in the legislation addressed DUI when high. Northern NM already had a terrible drug problem most of which is controlled by the cartels. Just another nail in the coffin for this beautiful state being run into the ground by leftists.
 
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#13
ZiaHunter said:
^^This

Legalized weed is all about the plan. Stoned people are alot easier to control and much less likely to resist. Corrupt NM politicians all got a piece of the action when it was legalized. Nothing in the legislation addressed DUI when high. Northern NM already had a terrible drug problem most of which is controlled by the cartels. Just another nail in the coffin for this beautiful state being run into the ground by leftists.
Click to expand...
I'll drink to that.
 
#14
mccannicalbob said:
In Nevada DUI isn’t only for alcohol; it’s used for driving under the influence of drugs too. So if you are driving stupid, smell like weed, blow a 0.00 but can’t pass the field test you get a DUI.
Click to expand...

Haven’t tasted alcohol since Jul 98. Don‘t smoke anything. With the exception of two surgeries and a kidney stone, no opioids. I couldn’t pass a field sobriety test. If I’m driving stupid, ticket or arrest me.
 
#15
EddieNFL said:
Haven’t tasted alcohol since Jul 98. Don‘t smoke anything. With the exception of two surgeries and a kidney stone, no opioids. I couldn’t pass a field sobriety test. If I’m driving stupid, ticket or arrest me.
Click to expand...

Field sobriety test is just there as a “step” to testing. So is the Horizontal gaze nystagmus. If you fail those, you can be compelled to take a breathalyzer. You can also refuse to take a breathalyzer. But in most states that means automatic loss of license.

You don’t *have* to walk the line or do the Cyrillic alphabet backwards etc. just say “officer, I will gladly do a roadside breathalyzer test.” FYI the roadside test is not “admissible.” The only “admissible” test is the big chemistry set at the police Dept. But roadside test allows
The officers to make an arrest and then take you to the station to blow into the “big” machine.

They can also get a warrant and require a blood test. But that is often useless because getting a warrant for a blood test can take hours and therefore the results are worthless.

But if you can’t walk a straight line sober… just ask for the roadside breath test. You blow zeros and short of taking you in for a blood test (with warrant) before the test… it’s have a nice night sir!

The downside… if you blow an .006… or an .004…. not an .008… you may still have to go “in” for a more precise test. At .008 you are assumed to be incapacitated. But if you are acting fucked up at .004, you may be considered drunk or incapacitated depending on how your actions are observed and recorded in report (it’s all about the report.). Depending on behavior or actions. Doesn’t pay to be a lightweight! BUT… if you are .004 it is MUCH harder to convict for DUI even if
You are acting drunk. So your lawyer will plead it out easily.

BTW at the academy I was the “designated drunk” along with two other guys during DUI school. Every officer has to do 5 tests before “passing” training. It took me 13 beers in a bit over an hour to blow .008. I peaked out at .010 a bit later as alcohol was still entering my system. I thought I was “too drunk” and ready for testing after 4 beers. The cadre laughed at me… said I had a lot more drinking to do. .008 is never “a couple.” Unless you are talking bottles of wine.

But there ya go. Just the evil police trying to get revenue from happy harmless drunks trying to get home from church.

Sirhr
 
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#16
One of my neighbors wives got arrested and charged with DUI after blowing under the .08 limit. She failed the roadside touch your nose whatever (it was very cold, and she was in a dress and heels) and they accused her of being on other things. They ended up dropping the charges, but she still spent a few hours in jail, and had to retain legal counsel to secure the dismissal.

I've seen plenty of videos of roadside tests where they allow the women to remove their heels to do the testing.

I try to see cases like this as a rarity, and barely an exception to the rule. It's not a great look, but I don't think a single one of those folks were pulled over just randomly.

Branden
 
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#18
I know in WI if you get caught driving drunk they give you 2 tickets, (no i have never gotten either) one for driving under the influence, and the other for operating a motor vehicle .08 or above. So the .08 is just for intoxicated, you dont have to register anything to be just under the influence. Dont take the field test you are not required to, and dont talk to them.
 
#20
wvfarrier said:
you can demand a blood test in all 50 states
Click to expand...

Yes. But be careful what you wish for.
Lots Of Times alcohol is still entering the system Especially if just leaving a restaurant or “finishing that last glass.

So your levels go “up” not down.

Best advice… a couple is fine. But it’s never a couple (it’s always ‘just a couple,’. Like a broken record.). But a couple turns into six and then 8….

Also remember that some microbrews are 3x or more the ABV of, say, a can of 2.8 Bud. Three pints of some microbrew is like 8-9 Budweisers. And it goes down smooth!

Sirhr
 
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#22
Short-bus said:
One of my neighbors wives got arrested and charged with DUI after blowing under the .08 limit. She failed the roadside touch your nose whatever (it was very cold, and she was in a dress and heels) and they accused her of being on other things. They ended up dropping the charges, but she still spent a few hours in jail, and had to retain legal counsel to secure the dismissal.

I've seen plenty of videos of roadside tests where they allow the women to remove their heels to do the testing.

I try to see cases like this as a rarity, and barely an exception to the rule. It's not a great look, but I don't think a single one of those folks were pulled over just randomly.

Branden
Click to expand...

Without getting into details, I had to help a family member out in similar circumstances when some local TX Asian Uniform Hanger wanted to essentially show some white woman what his pathetic tiny dick could do. No roadside test on that one, just saw that she was crying (from a relationship breakup) and decided to be an evil predator straight up.

Got it tossed out 2 days later, but that was after $5k to a good lawyer and a huge amount of psychological trauma for the relative that they never recovered from and such. (Lawyer basically called up the DA and said, look at the report, how badly do you want to lose? I get paid either way and I'm happy to add another slam dunk win to my score). I think all told I was out $7k before it was all resolved and done and dusted.

Evil Uniform Hanger probably laughed all week about being evil.
I still hope one day Karma catches up with him.
 
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#23
I don't hate cops, but some areas have too many cops with nothing productive to do. You know, like actually stopping and preventing serious crimes. For example, I grew up in Virginia where their must be one cop for every three residents. So they have nothing to do but hassle people for stupid shit to generate revenue for the state. Speed traps every other mile, stopping people for driving 5 mph over the limit, radio too loud, exhaust too loud, etc. And unconstitutional check points just to "make sure" you're not drunk or doing something the state doesn't approve of. They were basically modern day Gestapo. So when I had the chance to leave, I purposely chose a place with few cops (among other things). I am lucky to see a cop once a month now, seriously. I don't have to worry about being stopped and shaken down for money every time I drive somewhere. And that's exactly how I like it.
 
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#24
Could not tell you the last time I was stopped. In my younger days I accrued maybe 25-30 citations for speeding. Earned all but two.

I believe cops fall under the 90/10 rule like any other group. I give cops no reason to pull me over as I cannot spot the one in ten.
 
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#25
#27
sirhrmechanic said:
Field sobriety test is just there as a “step” to testing. So is the Horizontal gaze nystagmus. If you fail those, you can be compelled to take a breathalyzer. You can also refuse to take a breathalyzer. But in most states that means automatic loss of license.

You don’t *have* to walk the line or do the Cyrillic alphabet backwards etc. just say “officer, I will gladly do a roadside breathalyzer test.” FYI the roadside test is not “admissible.” The only “admissible” test is the big chemistry set at the police Dept. But roadside test allows
The officers to make an arrest and then take you to the station to blow into the “big” machine.

They can also get a warrant and require a blood test. But that is often useless because getting a warrant for a blood test can take hours and therefore the results are worthless.

But if you can’t walk a straight line sober… just ask for the roadside breath test. You blow zeros and short of taking you in for a blood test (with warrant) before the test… it’s have a nice night sir!

The downside… if you blow an .006… or an .004…. not an .008… you may still have to go “in” for a more precise test. At .008 you are assumed to be incapacitated. But if you are acting fucked up at .004, you may be considered drunk or incapacitated depending on how your actions are observed and recorded in report (it’s all about the report.). Depending on behavior or actions. Doesn’t pay to be a lightweight! BUT… if you are .004 it is MUCH harder to convict for DUI even if
You are acting drunk. So your lawyer will plead it out easily.

BTW at the academy I was the “designated drunk” along with two other guys during DUI school. Every officer has to do 5 tests before “passing” training. It took me 13 beers in a bit over an hour to blow .008. I peaked out at .010 a bit later as alcohol was still entering my system. I thought I was “too drunk” and ready for testing after 4 beers. The cadre laughed at me… said I had a lot more drinking to do. .008 is never “a couple.” Unless you are talking bottles of wine.

But there ya go. Just the evil police trying to get revenue from happy harmless drunks trying to get home from church.

Sirhr
Click to expand...
Not only have I watched James Duane's speech on "Don't Talk to the Police," I have watched other attorneys talk about DUI specifically.

Here is a little secret. When the cop asks if you have anything to drink tonight, you don't have to say anything. But if you say anything other than no drinks this evening, this is now a DUI stop. It doesn't matter if you say one or a couple. This is now a DUI stop. And as you pointed out, if not complying with testing, you will be arrested and in some places, your license is automatically suspended and you go through a song and dance to get it back.

Rest easy in the fact that you are going to be arrested and taken to jail. Even if it turns out later that you were not legally intoxicated and eventually released without charges, you are taking a ride first.

But you don't have to tell the officer where you have been or where you are going. They ask those questions in order to get answers that can be used against you. Either as proof of where you were or where you are going. Or a falsehood or mistaken statement that now becomes false testimony to the police. At the very least, a "process crime" like Roger Stone misremembering a statement in an email when he testified before the idiot who was in charge of the FBI during 9/11.

That's why lawyers say that other than giving ID and your name, do not answer questions.
 
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#29
All of the above is good and correct advice- it does not however address the issue of false dui arrests for profit - the individual officer profits by getting g over time , paid days off or gift cards some states even cash. The municipality gets paid when you pay fees and pay tow and impound and in some states like TN in question here once you get your court date they offer a hefty fine and all charges will be dropped . Paying a hefty fine for a false arrest is asinine, illegal and screams of a banana republic.

I don’t see stories of ANY municipality incentivizing MS 13 or other dangerous felon arrests or any incentive like gift cards to turn in corrupt cops or local politicians or bureaucrats.
Maybe the local PD in Aurora CO wouldn’t have let that gang of invaders take over apartment complexes and extort money from tenants , deal drugs , do armed robberies and run whores if they’d been “incentivized “ with a pizza party .
Seriously in CO and TN free pizza was the payout for bearing g the previous months DUI numbers - actually arresting drunk drivers optional .
 
#30
wvfarrier said:
"I refuse to answer questions under The 5th Amendment to the Constitution."

However, you still have to do the tests otherwise you are going to jail.
Click to expand...
And that is also what I meant about being arrested. Some cops have judges ready to sign warrants for blood draw. Other times, it may take a while. In any case you are not hurting your case by remaining silent.
 
#32
DarnYankeeUSMC said:
Do not perform field sobriety tests. You will never pass one. Even if you blow a zero point zero they will say that you performed poorly on the tests and may have been under the influence of other substances.
And do not answer questions.
Click to expand...
Pretty sure in a lot of states refusal to comply to testing is an admission of guilt. Yes you can opt for a blood test instead of doing the road side clown show but if you refuse the blood test it's a slam dunk in some states.
 
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#33
DarnYankeeUSMC said:
Do not perform field sobriety tests. You will never pass one. Even if you blow a zero point zero they will say that you performed poorly on the tests and may have been under the influence of other substances.
And do not answer questions.
Click to expand...
And I have heard that there are other reasons for the eye fluttering at the end of motion beside inebriation.

And those balance tests, literally, I cannot pass one after a few coffees and some tea or water and no booze in the last 20 hours or more.

In the end, it is going to have to rest on the BAC test. Make them get a warrant. Maybe you only had one before dinner, then you ate dinner and whatever else. It could be the BAC has dropped below intoxicated limits.

None of that matters. Make them get a warrant.

In the field sobriety tests, the officer will ask you if you have an physical limitations to prevent the dexterity and balance tests they have. When you say no, well, you are giving the cop ammo to use against you.

As the pot brothers attys at law say, ""Shut the fuck up."
 
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#34
00 Necro Thread.jpg
 
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#35
Im2bent said:
Pretty sure in a lot of states refusal to comply to testing is an admission of guilt. Yes you can opt for a blood test instead of doing the road side clown show but if you refuse the blood test it's a slam dunk in some states.
Click to expand...
I just said to not play the stupid games on the roadside. The cops administering them can't pass them. If you opt for the blood test it'll take weeks before they get the results and you will spend time in jail until whatever is required for your state. A Friday night and you could be waiting until Monday to see a judge. The breathalyzer is pretty accurate and if you pass that you may be on your way home in an hour or so.
In these cases the scum bags are ignoring the results and arresting/charging the people anyway.
 
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#36
Seems to be a Cottage Industry of sorts - almost a motif or a theme.

Are there any good guidelines on what an individual should do?

Seems like a losing proposition to begin with, as they’ll still get to put you through a lot of inconvenience regardless.
 
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#37
Edsel said:
Seems to be a Cottage Industry of sorts - almost a motif or a theme.

Are there any good guidelines on what an individual should do?

Seems like a losing proposition to begin with, as they’ll still get to put you through a lot of inconvenience regardless.
Click to expand...
Good guidelines would be: Don't drink and drive. Don't use drugs and drive and don't drive like a dick and get pulled over.
 
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