Bad DUI bust

[TenZero]

Re: Bad DUI bust

There are enough inconsistencies in the totality of these circumstances that this tale as related to you by your nephew doesn't pass the sniff test. He is leaving something out.

The combined Standard Field Sobriety Test battery is proven to be better than 96% effective at detecting impairment above a certain level. Nothing is perfect, of course, but it is one of the most reliable tools an officer has for getting impaired drivers off the road before they kill someone. I've personally done hundreds of them, and they work. If a person can't pass that test of basic divided attention tasks, they really shouldn't be considered safe to drive in the first place, impaired or not. Remember, if an officer decides to cut someone a little slack because they are "borderline", that is his ass if they kill someone after he lets them go. Think about that enormous responsibility, and then apply it to this case.

If your nephew displayed the signs of an intoxicated person after being pulled over for erratic driving, it would have been irresponsible of that officer NOT to arrest him. The blood and/or breath tests are usually done at the jail subsequent to arrest, so the passage of those tests does not 'unarrest' you, it simply strengthens your defense case. As shown by the dropped DUI charges.

FM, at the end of that night, your nephew went home embarrassed, a few dollars lighter, but safe and sound, after driving a lethal automobile in a manner that could have gotten him or someone else killed. He was placed in a safe situation (jail) by that officer, and he survived to tell his uncle his story. That is a good thing, and maybe something to ponder when considering the big picture. Think about it.

If that officer was anything like me when I was doing that job, my motto was; 'Nobody dies on my watch if I can help it. They may not like me in the morning, but I don't care because they are not going to fucking die on my watch'.

Just my perspective. ...End

 

[USAFCATM]

Re: Bad DUI bust

First of all I'm LEO, so maybe I shouldn't comment as I have a "clouded" view of this topic. But with the comment you made of "SFST's being slanted to get drunks off of the roads" this shows a complete misunderstanding of the procedures. First of all I have never "slanted" anything....I do SFST's the way they're validated as any officer "SHOULD". That being said if the SFST's are not conducted correctly then this is something that a Defense Attorney will use to tear the officer's case apart. Also I have never seen a blood test or urine test get results same day, I'm still waiting on a blood draw 60 days later! I think there's several things your nephew is leaving out, I believe. Also as for passing or failing the SFST's; there's no pass or fail, there's only validated clues.....you don't get a 100% or college credit for completing it.

 

[SPDSNYPR]

Re: Bad DUI bust

Stupid Cops.

 

[Turk]

Re: Bad DUI bust

Charges dropped or not, guilty or not, expunged or not; it still shows up somewhere! I don't know the whole story, but if infact things happened the way you stated; and you want to file a complaint......save yourself the paper!

 

[Turk]

Re: Bad DUI bust

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: TenZero</div><div class="ubbcode-body">


FM, at the end of that night, your nephew went home embarrassed, a few dollars lighter, but safe and sound, after driving a <span style="color: #FF0000">lethal</span> automobile in a manner that could have gotten him or someone else killed. He was placed in a safe situation (<span style="color: #FF0000">jail</span>) by that officer, and he survived to tell his uncle his story. That is a good thing, and maybe something to ponder when considering the big picture. Think about it.

</div></div>
Jails are safe? Are there any nonlethal automobiles? Even "parked" cars are lethal; so why use the word "lethal"; let me guess for effect?

 

[Jerrrrstanley]

Re: Bad DUI bust

Hey, we are missing one important thing, the cat's testimony!
I learned early in life there are 3 sides to every story. Yours, mine, and what really happend. Not saying anyone would lie on purpose just that you may remember something I didn't and we both may leave something out that is important. Now, if your are not at the scene what you say doesn't matter.

I have had people that are diabetic that I swore were drunk until they took the pbt. After some meds they were fine. I have also had a diabetic who took his meds and still went to jail after his blood sugar was in the normal, he was drunk. Prescription pills are so abused where I am at we hardly get many alcohol related dui's, most are drug related. And the last blood I sent to the lab took 2 months to get any results.

Was your nephew impaired? I doubt it, he was not found guilty. Was the officer wrong in arresting him? I doubt that too. From what you told he gave indicators of dui. An officer needs probable cause for an arrest. That is reliable facts that would cause a reasonable person to BELIEVE a crime has been committed. It takes proof beyond reasonable doubt to be found guilty.

 

[Foul Mike]

Re: Bad DUI bust

Breath tests were that night, results right away.
Cops statement about strong odor of alcohol, etc. that night also.
Blood and drug tests took weeks.
If there was the strong odor of alcohol, etc, why were breath tests 0000? Doesn't fit for me. Regards, FM

 

[Jerrrrstanley]

Re: Bad DUI bust

Ketones give off an odor of alcohol, this is prevalent in diabetics. Spilled alcohol, perfumes, even spoiled juice (my truck has smelled like wine due to an Apple juice spill) can give an odor of alcohol. I always get the subject out of the vehicle and try smelling their breath while they talk.

Now, as far as that night goes we weren't there. Who knows what the officer smelled or thought he smelled. I agree that a .000 breath test doesn't fit with an odor of alcohol. The officer could have been mistaken or smelled something else or he lied. All of those have happend before. I hope it wasn't the later.

And as a side note in my last post I wasn't saying to you directly that what you say doesn't matter because you were not there. It was more of a general statement that when I am investigating something if you weren't a direct witness then your statement won't matter in court because it is hearsay. After I re-read my post it seemed like I was directing that to you, FM, and I apologize if that is how you took it.

 

[Foul Mike]

Re: Bad DUI bust

i wrote a diatribe about this but it did not make thread.
So be it, the truth hurts but is nonetheless the truth. FM

 

[eddieo]

Re: Bad DUI bust

based upon bad experience as a law abiding citizen that has had local LEO attempt to screw me on several occasions on matters already know, if your stopped by LEO in such a situation say the following;

1) My lawyers Number is ----------------------- !
2) Im Not answering any questions until __________ my lawyer gets here !
3) My names and address is ____________

After that, up to and not excluding if they tell you your house is burning down and your grandma is fucking a neighbours dog , or being fucked by a neighbours dog say great, I hope she enjoys it....

After that say fuck all !

 

[11B101ABN]

Re: Bad DUI bust

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: eddieo</div><div class="ubbcode-body">based upon bad experience as a law abiding citizen that has had local LEO attempt to screw me on several occasions on matters already know, if your stopped by LEO in such a situation say the following;

1) My lawyers Number is ----------------------- !
2) Im Not answering any questions until __________ my lawyer gets here !
3) My names and address is ____________

After that, up to and not excluding if they tell you your house is burning down and your grandma is fucking a neighbours dog , or being fucked by a neighbours dog say great, I hope she enjoys it....

After that say fuck all ! </div></div>



Not necessarily the best thing to do, or the best advice to follow.

 

[NativeCraft]

Re: Bad DUI bust

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: The Mechanic</div><div class="ubbcode-body">Never consent to a field sobriety test. </div></div>
+1
Take a blood test, a breathalyzer test, or whatever...but SCREW a field sobriety test. They're designed to fail almost everyone, regardless of sobriety, and are just extra ammo for an impending arrest anyway. Deny the po-po that piece of "evidence".

 

[11B101ABN]

Re: Bad DUI bust

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: NativeCraft</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: The Mechanic</div><div class="ubbcode-body">Never consent to a field sobriety test. </div></div>
+1
Take a blood test, a breathalyzer test, or whatever...but SCREW a field sobriety test. They're designed to fail almost everyone, regardless of sobriety, and are just extra ammo for an impending arrest anyway. Deny the po-po that piece of "evidence". </div></div>

No. Thy're not "designed to fail almost everyone". I can guage BAC to a fairly accurate degree w/ the FST's alone. By the time the topic even arises, I have already decided if I have enough to take you.

 

[desertrat1979]

Re: Bad DUI bust

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: High Binder</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: SniperCJ</div><div class="ubbcode-body">
4) The videotape of the incident will not have been copied over or destroyed as part of some conspiracy theory. Puh-leese.

5) If there was no crime, since the DWI charge was dropped, copying over the videotape is not destroying evidence. Oh wait, conspiracy theory...
</div></div>

It happened in that Nevada case where a CCW holder was shot in a Costco. It borders on a conspiracy theory and 99% of the time it probably is, but it does happen.</div></div>

It really happened? You or someone has hard evidence that the police accessed the video camera system and tampered with what happened? Or are we just going along with what a grieving father claims Metro did because a conspiracy/cover-up sounds better than the fact the system may have just been messed up?

To the OP, when/if you can filter out the useless/incorrect/inaccurate/redundant information, there will be little left as an option. I wish you the best of luck, but as it sounds now, the only thing he was charged with was swerving, which, even in the event of accident avoidance, may still be a traffic violation. If anything comes out of this, it was a long overdue post for all the regulars to come in and validate their "this is why I dont trust the police" mindset. Have at it boys.

BTW, seek a lawyer's advice.

 

[leagle2]

Re: Bad DUI bust


No. Thy're not "designed to fail almost everyone". I can guage BAC to a fairly accurate degree w/ the FST's alone. By the time the topic even arises, I have already decided if I have enough to take you. [/quote]

This is exactly why I advise clients not to do FSTs. If the man wants you to do them, you are already going for a ride in the back of his car.

 

[11B101ABN]

Re: Bad DUI bust

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: leagle</div><div class="ubbcode-body">
No. Thy're not "designed to fail almost everyone". I can guage BAC to a fairly accurate degree w/ the FST's alone. By the time the topic even arises, I have already decided if I have enough to take you. </div></div>

This is exactly why I advise clients not to do FSTs. If the man wants you to do them, you are already going for a ride in the back of his car. [/quote]

In Ga they are voluntary, so no biggie, except that I indicate the refusal in my report. An officer that takes his time and is thorough, will do well on a DUI case. The offenders mannerisims and other indicators are what usually seal thier fate.