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09-10-2004, 10:54 AM #1VET
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- Sep 2001
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question for the Five-O's or anyone who knows.....
so when i was working in new mexico we had these cops that would always be around for security purposes. they were cool to talk to, didn't care what you did in your own time really. but we got to talkin about gettin pulled over for a traffic ticket. now this is what he says - basically pleadin the 5th
1) you get pulled over, you don't even have to roll down your window or speak a word. all you are required to do is identify yourself which you can simply do by holding your license to the window - and registration if they require it
2) you get pulled over for suspicion of drunk driving (swerving) - make sure the car is off. when he comes up to the window, identify yourself with the window up, pull out a small liquor bottle from beneath the seat. chug it, and then lay back and go to sleep.
now granted # 1 is going to make the cop pissed and probably ruin your chances of getting out of any ticket, bu then again if you're speeding & drunk you'd probably just want the ticket instead of a DUI or DWI.
i was a little skeptic about these so i thought i'd see what y'all thought.
the only time you're required to roll down your window is so you can sign the ticket - you must sign it or they can take you to jail.
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09-10-2004, 11:03 AM #2Originally Posted by KeyMastur
mmm? i think i would do #2 if i was piss ass drunk.. but the thing is he is going to get his cop buddies in and all hell is going to break loose.
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09-10-2004, 11:05 AM #3
Baiscally you do what they say when they say or you will go to jail for resisting, it doesn't have to be physical.
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09-10-2004, 11:06 AM #4VET
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Originally Posted by 1victor
they say step out of the car. you just stare blankly straight ahead. step out of the car or we'll arrest you - arrest you for what ?
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09-10-2004, 11:07 AM #5
"Sir, I would like to clarify, are you *asking* me or *telling* me"....the best words you can speak to an officer. It makes all the difference, because, very often, they'll ask you to do things (like get out of the car) they can't at that point legally demand.
As for #2, I believe you have to take out the keys, place them on the floor, and crawl into the backseat in most states for this to work.
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09-10-2004, 11:13 AM #6
Guys coming from someone who has been arrested many , many times.. you are wrong.
Failure to comply with an order to get out of the car will get you arrested for resisting.
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09-10-2004, 11:18 AM #7Originally Posted by 1victor
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09-10-2004, 11:18 AM #8
There is one problem with both of these scenarios, will the officer tell the truth in court? If you get into court and the officer says that you got out of your car, were abusive toward him, and smelled like booze, and you say that you stayed in your car, until the officer dragged you out. Who is the judge going to believe?
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09-10-2004, 11:20 AM #9
You can't split legal hairs in the field with an officer you are going to lose. It's a really simple concept, they own you at that point. You can bail out, go to trial etc.. but right there right then you are owned, period.
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09-10-2004, 11:26 AM #10
When they run my sh*t they usually call for backup before they even come near the car! It's a long story.
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09-10-2004, 11:26 AM #11VET
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- Sep 2001
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Originally Posted by 1victor
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09-10-2004, 11:28 AM #12
Then you not only be my hero but you would be my best friend because you would be wealthy!
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09-10-2004, 11:28 AM #13Originally Posted by BigGreen
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09-10-2004, 11:30 AM #14
That's only when they have a camera in their car running!
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09-10-2004, 11:32 AM #15Originally Posted by 1victor
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09-10-2004, 11:32 AM #16Originally Posted by KeyMastur
i think u can still get in trouble if they pull u over first.... my buddy did something similiar to this ( he was piss ass drunk) and he was still arrested. a DUI is if the keys are in the ignition but u might be able to get hit with a DWI
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09-10-2004, 11:35 AM #17
Look guys I've been "Rodney Kinged" even thought I am white, I have been falsely prosecuted,was accused of three counts of aggravated assault with a deadly weapon (gun) on cops, I have had several fist fights with the cops (which were my fault), I have been around and around in there. Until you know you just can't say.
I was an angry young man I'm better now.
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09-10-2004, 11:41 AM #18Originally Posted by KeyMastur
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09-10-2004, 11:43 AM #19
Thank you Brian for confirming those points!
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09-10-2004, 11:43 AM #20Originally Posted by w_rballs
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09-10-2004, 11:55 AM #21
Never ever take any voluntary roadside field sobriety evaluations (ABC's, touch nose, balancing tests, eye tests, etc.)
http://www.duiguy.com/myrights.htm
Here is a card that is very helpful
This site has some good advice.
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09-10-2004, 12:06 PM #22
sweet card i like it. im gonna go try it this weekend
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09-10-2004, 12:11 PM #23
cops suck!
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09-10-2004, 12:12 PM #24Originally Posted by Bigen12
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09-10-2004, 12:14 PM #25
The Regular Guys use to be on 96 rock here in Atlanta, and they use to have this guy on in the AM, to discuss just these kinds of issues.
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09-10-2004, 12:24 PM #26
Failure to cooperate with an officer during the investigation of a "crime" is a chargeable offense. If you were swerving around...he has reasonable suspicion to stop you to investigate the crime of possible DUI. If you don't roll down your window, you aren't cooperating.
Could you get away with it??? It probably wouldn't float here. You might end up with a busted out window and a nice ride on 50,000 v.
As far as the second "trick", if the officer pulled you over, he had a reason that he could articulate in court...i.e., you crossed the center line, the fog line, etc. If he smells any intoxicating substance, he has enough to request you submit to a FST and if you refuse, here you are under arrest. You are gonna go to the jail and either blow or have blood drawn at the hospital. If your BAC exceeds what would be expected from a small bottle of booze...you are fried.
What it boils down to....is....if the officer has a reason to talk to you that he can articulate in court and you do not cooperate, you at the bare minimum stand a good chance of getting charged with interferring with the performance of a police officer.
Best thing to do is be cooperative, don't be stupid and drink and drive and stay in view of the camera in the officer's car so that there's a record of your stop in case you feel something wasn't done correctly.
Originally Posted by KeyMastur1. Once a cheat always a cheat!
2. YES, SHE can get pregnant the first time!
3. NO, PULLING out IS NOT a RELIABLE method of Birth Control. DAMMMMIT..... Wrap that shyte UP!!
Women over 30 are dignified. They seldom have a screaming match with you at the opera or in the middle of an expensive restaurant. Of course, if you deserve it, they won't hesitate to shoot you, if they think they can get away with it.
For all those men who say, "Why buy the cow when you can get the milk for free". Here's an update for you. Nowadays 80% of women are against marriage, why? Because women realize it's not worth buying an entire Pig, just to get a little sausage.
What the mind can conceive....the body will achieve!
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09-10-2004, 12:28 PM #27Originally Posted by Jantzen4k1. Once a cheat always a cheat!
2. YES, SHE can get pregnant the first time!
3. NO, PULLING out IS NOT a RELIABLE method of Birth Control. DAMMMMIT..... Wrap that shyte UP!!
Women over 30 are dignified. They seldom have a screaming match with you at the opera or in the middle of an expensive restaurant. Of course, if you deserve it, they won't hesitate to shoot you, if they think they can get away with it.
For all those men who say, "Why buy the cow when you can get the milk for free". Here's an update for you. Nowadays 80% of women are against marriage, why? Because women realize it's not worth buying an entire Pig, just to get a little sausage.
What the mind can conceive....the body will achieve!
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09-10-2004, 12:33 PM #28
It took me a while to figure out the cooperation part but I finally got it when I was about 28.
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09-10-2004, 12:45 PM #29Originally Posted by Commando_Barbi
some of my good friends are cops.. thank god i live in a small town
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09-10-2004, 12:47 PM #30Originally Posted by 1victor
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09-10-2004, 12:49 PM #31
Me too that rebel without a cause thing gets old. Besides jail sucks.
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09-10-2004, 12:52 PM #32Originally Posted by 1victor
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09-10-2004, 01:10 PM #33Originally Posted by brian11
As for that card refusing to take field sobriety tests, it wont work dont try it youll be arrested on the spot and charged with driving while intoxicated. Driving is not a right it is a privelage, and when your in court understand that a cops word is the story that happened, period.
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09-10-2004, 01:14 PM #34Originally Posted by biglouie250
If you are drunk, performing a field sobriety, test for the officer, especially while being videoed, would be stupid, if you are drunk you will be arrested, why give the officer more evidence against you?
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09-10-2004, 01:22 PM #35
when he/she tells the judge you declined a field sobriety test and that you were visibly intoxicated you are going to get your DWI anyway. Driving is a privelage not a right, you are driving because your state allows you to.
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09-10-2004, 01:27 PM #36Originally Posted by biglouie250
Don't get me wrong, I don't think that anyone should drink and drive.
However, not taking the field sobriety test might help if you decide to go for a jury trial. You get a good lawyer and who knows. If you are drunk participating in the field sobriety test will not help you in the least.
I agree driving is a privilege and not a right; however there is no reason for a person to give up their other rights, simply because they are scared of the police.
You a cop??
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09-10-2004, 01:32 PM #37
Man..I just spent 15 minutes typing a response, and it disappeared..I have considerable expertise in this particular scope of the law..In fact, In my residency, I went through quite a few schools and even graduated from the IU school of Toxicology..I am also certifed to administer BAC tests, blah, blah..So, I know a thing or two about this subject although I am obviously not a lawyer..
I'll retype it when I get back form the gym since there is what I consider to be some bad advice being passed out..
Doc M
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09-10-2004, 01:37 PM #38Originally Posted by Doc M
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09-10-2004, 01:38 PM #39
not a cop. if you refuse a field sobriety test the judge will more likely than not take away your license even on your first offense for wasitng his time. Happened to a buddy of mine.
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09-10-2004, 01:39 PM #40
as most know i was a cop in atlanta for a while, the first one is true, u dont have to identfy yourself in alot of states, in some u can be arrested for it, so find out, two youll get into trouble for afew things for that, but they cant prove you got a dui, and refusing one in most states gives u one.. so be weary, the easiest thing to do if u get stopped for DUI, and are drunk, turn offf the car, get out, and then start chuggin that makes it public drunk, and maybe open container, which is still a lesser crime than DUI and the fines are a hell of a lot lower...
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