question for the Five-O's or anyone who knows.....

[KeyMastur]

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.

[hung-solo]

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.

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.

[Pale Horse]

Baiscally you do what they say when they say or you will go to jail for resisting, it doesn't have to be physical.

[KeyMastur]

Baiscally you do what they say when they say or you will go to jail for resisting, it doesn't have to be physical.

but how have you resisted ?? they can't pin charges on you for nothing. you've identified yourself, which is all you're required to do.

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 ?

[BigGreen]

"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.

[Pale Horse]

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.

[cpt steele]

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.

Depends on the stop..Imo I think they would have to have the idea of arresting you first. Another thing to consider is when they run your sh!t they will know if your a trouble maker or not and this will effect the situation..

[Bigen12]

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?

[Pale Horse]

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.

[Pale Horse]

When they run my sh*t they usually call for backup before they even come near the car! It's a long story.

[KeyMastur]

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.

what if i had a hidden camera ??

[Pale Horse]

Then you not only be my hero but you would be my best friend because you would be wealthy!

[hung-solo]

"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.

i agree, b/c if you have ever noticed 9 out of 10 times they are like MAY i search your car,WILL you get out of the car. etc etc

[Pale Horse]

That's only when they have a camera in their car running!

[hung-solo]

That's only when they have a camera in their car running!

true also

[w_rballs]

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.

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

[Pale Horse]

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.

[brian11]

but how have you resisted ?? they can't pin charges on you for nothing. you've identified yourself, which is all you're required to do.

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 ?

They can take you in for almost no reason at all. If they suspect drinking and driving they can take you in even without proof. My brother is a cop. Your best chance to get out of a DUI is refuse the breathalizer and hope for the best. When they take you in there is a good chance that its going to be a while before they perform a BAC test. Ive had several friends avoid DUIs simply by refusing to blow. But as far as speeding goes, like you said you may not have to put your window down, but that will guarantee a ticket because then the officer will have to write down your info to run through his computer. He may have been willing to just give you a warning otherwise. And as far as #2 idea, you can be arrested for failing to cooperate with an officer, so if he asks you to get out and you dont then there you go.

[Pale Horse]

Thank you Brian for confirming those points!

[brian11]

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

There is no difference in a DUI and a DWI. They are just 2 terms used interchangeably. From what i understand they dont even use DWI anymore, they just call it a DUI.

[Bigen12]

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.

[w_rballs]

sweet card i like it. im gonna go try it this weekend

[Jantzen4k]

cops suck!

[Jantzen4k]

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.

great link bigen

[Bigen12]

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.

[Commando_Barbi]

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.

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.

[Commando_Barbi]

cops suck!

Thanks I love you too

[Pale Horse]

It took me a while to figure out the cooperation part but I finally got it when I was about 28.

[hung-solo]

Thanks I love you too

some of my good friends are cops.. thank god i live in a small town

[hung-solo]

It took me a while to figure out the cooperation part but I finally got it when I was about 28.

hahahaha i learned quick myself! hahahah we are all glad that you turned a new leaf bro!

[Pale Horse]

Me too that rebel without a cause thing gets old. Besides jail sucks.

[hung-solo]

Me too that rebel without a cause thing gets old. Besides jail sucks.

yeah i know what you mean.. i am just glad i turned my leaf at an earlier age.

[biglouie250]

There is no difference in a DUI and a DWI. They are just 2 terms used interchangeably. From what i understand they dont even use DWI anymore, they just call it a DUI.

no the 2 terms are totally different depending on the state you are in. In NY for example you blow a .04 that is DUI. You blow a .08 its a DWI. And accordingly each has different possible penalties.


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.

[Bigen12]

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.

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?

[biglouie250]

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.

[Bigen12]

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.

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??

[Doc M]

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

[BigGreen]

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

Except, of course, mine.....lest Doc M find himself taking over the juggy role in my AR soap opera scripts.

[biglouie250]

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.

[decadbal]

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...