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Hottie does cartwheels for DWI cops.

17K views 311 replies 95 participants last post by  Stevekozak 
#1 · (Edited by Moderator)
#108 ·
Then keep the keys out of the ingnition and sleep in the passenger seat. Where I'm at that would not get you a dui
Unless you have remote start, you'd freeze to death here with no keys in the ignition. Vehicles get cold pretty fast at 30 below.
If I am ever on a jury where someone is being tried for sleeping in vehicle in a parking lot they will likely not be found guilty. On the shoulder of the highway would be another story.
 
#110 ·
I'm wondering if, for some reason a cop thought I was intoxicated, I could tell them, "Hey, I've got three vertebrae all fused together back there, is there another test I can do?" would fly?

At that point, I'd probably just tell them to the get the blood spiker. ;)
Yep. Other tests can be used instead
 
#115 ·
Just about anything can be collected under due process of law. I've seen a warrant written to remove a bullet from a suspects body. Signed by a judge, stood up to repeated court reviews.

Just because one "feels" something should be illegal does not make it so.

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#117 ·
Depending on totality of circumstances, prosecution for DUI continues, or charges dropped.

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#126 ·
Depending on totality of circumstances, prosecution for DUI continues, or charges dropped.

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If charges are dropped, do you give the blood back? I'd want it for the civil complaint.
 
#127 ·
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#124 ·
I'm wondering if, for some reason a cop thought I was intoxicated, I could tell them, "Hey, I've got three vertebrae all fused together back there, is there another test I can do?" would fly?

At that point, I'd probably just tell them to the get the blood spiker. ;)
Walk a straight line......uh.......no.
Not on my best of days, either.
I will fail every test you want, throw 'em at me.
lol, yep, get the blood spiker and watch out.
I have often wondered what the hell would happ if I get stopped.
 
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#131 ·
Same here.

Went for several years where I wouldn't even have one with lunch or dinner.

Lately have had one and wondered what or how far it would go if stopped.

I feel my attitude would play a lot into the seniro but if an officer feels/wants to make a charge it will happen.

:cheers:
 
#137 ·
Unfortunately, I went through the completely dragged out, DUI experience.
After working 8 hours in a Wire Mill where the temperature averaged 120 degrees throughout my 3-11 pm shift, I stopped by a watering-hole 1 mile from my house. The first bottle of Budlight lasted a few seconds, the next one lasted 10 minutes and the third lasted maybe 40 minutes. Headed home and was pulled over for inadequate headlight.

A tall, skinny, female blonde trooper with blue eyes and her shorter, brunette, female partner decided to perform a field sobriety test due to detecting the odor of alcohol.

After the physical balance test, they escorted me to the rear of the patrol car. They had me blow in the breathalyzer, looked at the results and asked me to blow harder. 2nd test; the brunette said I was below the legal limit, however, the blonde wasn't satisfied and insisted I blow again. She grabbed the instrument, read the results, and then stated I was under arrest for DWAI-Driving While Ability Impaired. The brunette looked at the results and said; well, okay.

I replied; Oh, great.. just my luck, I encounter lesbian state troopers who hate men and are trying to make a name for themselves.

They drove me to the troop barracks and wanted to hook me up to the DUI machine. I declined and requested a blood test. The blonde "lost it", became visibly upset, and asked if I was Stupid?

I replied; yes, I'm fairly stupid, however, I'm going to make you work for the DWI.

They transported me to the hospital and setup the blood withdrawal. The tall blonde, leaned over and informed me she couldn't wait to see them draw blood from me.

I informed the technician the vein in my left arm has a tendency to roll. If it does roll, prep my right arm as that vein doesn't roll.

The blonde replied; we're about to see how tough you are.

I informed her that I have blood drawn every year for my physical. I can sit there and watch the needle being inserted.

The technician started to insert the needle and the blonde started to get sick and ran for the door. I asked; where are you going in such a hurry, you've waited 2 hours for this moment. I'm feeling weak, very weak at the sight of blood, you're going to miss this. She was in the hall and looked back over her shoulder and instructed me to knock it off, shutup....

I represented myself in court, they testified against me, stated I stuck my finger up my nose during the finger to nose test. I refuted that, never happened as I only had 3 beers. My speech was slurred. I refuted that, and stated I had a speech impediment. They stated my headlamp was out which gave them reasonable cause to pull me over. I stated; Judge, I'm not sure if you're mechanically inclined, however, when a light bulb blows, it doesn't come back on. Towing company confirmed no issue with headlamps. Blood test results came back, after 2 months worth of court appearances, I eventually won my DWI case but was required to pay a minor fine for inadequate headlamp. Due to my court room antics, the Judge informed me, he could understand their misconception during the traffic stop. He couldn't stop laughing....
 
#145 · (Edited)
To the interested: The standard DUI enforcement traffic stop may go something like this: It is typically divided into three portions.

1: Vehicle in in motion, during which the officer observes the vehicle. This can be a simple thing, such as recognizing the vehicle has an equipment malfunction or it can be driving behavior, such as swerving across lane markers. If the officer observes a law violation, we move into phase 2:

2: Personal Contact: Here, the officer is simply speaking to the driver. Typically, we introduce ourselves, inform the driver of the reason for these stop and ask for their driver's license. While this occurs, the officer is making observations: What do you see, smell, hear? Typical clues can include the odor of an alcoholic beverage emanating from the vehicle, the appearance of bloodshot watery eyes, the sight of the driver fumbling through a wallet and handing you a credit card or a stack of receipts instead of a driver's license. These observations move us to phase 3:

3: Pre arrest Screening: I typically just ask the driver if they've had anything to drink that evening. What you, as the officer, have to be aware of is the simple smell of an alcoholic beverage doesn't mean the driver has been drinking. Maybe they are the DD, maybe they're an Uber driver, maybe a friend spilled a drink on them or in the car. You want to start eliminating those possibilities and working through any statements the driver makes to determine the truth as best you can. I typically ask the driver to perform pre-exit checks.

These checks include the finger dexterity test, reciting a portion of the alphabet and counting down from a higher number to a lower one. These tasks are kept simple and often times allow me, with a minimum of interference to the driver, to make an educated guess and allow the truly sober to go about their business quickly. If, however, the person shows indications of impairment, I then have them step from the vehicle. While they do this, I watch to ensure their safety from other traffic, and to observe their balance. I've seen a big bag of weed fall on the ground during this before. I usually write that down as a clue.

I then talk to them for a minute, to find out why the smell of al alcoholic beverage is coming from their car. I see if I can smell it coming from their person, again, to make sure it's not something simply spilled in their vehicle as they drove intoxicated friends home. While doing this, I'm again looking at the whole person: are their eyes bloodshot, watery, are they swaying as they stand, is their clothing disheveled, is there're vomit on them, did they pee on themselves, etc.

After making the determination further investigation is warranted, I ask them to perform the battery of Standardized Field Sobriety Tests. The tests consist of three tests, the Horizontal Gaze Nystagmus, the Walk and Turn and the One Leg Stand. I have further training so I am also able to perform additional tests if I feel they are warranted, such as the Modified Rhomberg Balance and the Lack of Convergence Test. If they show sufficient indicators during these tests, I then arrest them and read the Implied Consent Advisement form to them. From there, it's simply a matter of going to the ER (or magistrates office for a warrant if need be) and then the jail.

For the very, VERY interested: during HGN, i perform a medical check to ensure their eyes show no resting nystagmus, track equally and have equal sized pupils. The test itself consisted of checking for a lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation and the onset of nystagmus at maximum deviation. I also check for vertical gaze nystagmus. Although not a clue, it can be a sign of impairment, specifically a high does of the particular drug for that individual.

During WAT, there are two clues during the instruction stage, failure to maintain the start position and beginning the test prior to directions to do so. There are six clues during the walking stage: Arms used for balance, stepping off the line, failure to touch heel to toe, incorrect number of steps, incorrect turn and stopping once you have begun the test.

During OLS, there are four clues: Putting your foot down, using arms for balance, swaying and hopping.
 
#146 ·
To the interested: The standard DUI enforcement traffic stop may go something like this: It is typically divided into three portions.

1: Vehicle in in motion, during which the officer observes the vehicle. This can be a simple thing, such as recognizing the vehicle has an equipment malfunction or it can be driving behavior, such as swerving across lane markers. If the officer observes a law violation, we move into phase 2:

2: Personal Contact: Here, the officer is simply speaking to the driver. Typically, we introduce ourselves, inform the driver of the reason for these stop and ask for their driver's license. While this occurs, the officer is making observations: What do you see, smell, hear? Typical clues can include the odor of an alcoholic beverage emanating from the vehicle, the appearance of bloodshot watery eyes, the sight of the driver fumbling through a wallet and handing you a credit card or a stack of receipts instead of a driver's license. These observations move us to phase 3:

3: Pre arrest Screening: I typically just ask the driver if they've had anything to drink that evening. What you, as the officer, have to be aware of is the simple smell of an alcoholic beverage doesn't mean the driver has been drinking. Maybe they are the DD, maybe they're an Uber driver, maybe a friend spilled a drink on them or in the car. You want to start eliminating those possibilities and working through any statements the driver makes to determine the truth as best you can. I typically ask the driver to perform pre-exit checks.

These checks include the finger dexterity test, reciting a portion of the alphabet and counting down from a higher number to a lower one. These tasks are kept simple and often times allow me, with a minimum of interference to the driver, to make an educated guess and allow the truly sober to go about their business quickly. If, however, the person shows indications of impairment, I then have them step from the vehicle. While they do this, I watch to ensure their safety from other traffic, and to observe their balance. I've seen a big bag of weed fall on the ground during this before. I usually write that down as a clue.

I then talk to them for a minute, to find out why the smell of al alcoholic beverage is coming from their car. I see if I can smell it coming from their person, again, to make sure it's not something simply spilled in their vehicle as they drove intoxicated friends home. While doing this, I'm again looking at the whole person: are their eyes bloodshot, watery, are they swaying as they stand, is their clothing disheveled, is there're vomit on them, did they pee on themselves, etc.

After making the determination further investigation is warranted, I ask them to perform the battery of Standardized Field Sobriety Tests. The tests consist of three tests, the Horizontal Gaze Nystagmus, the Walk and Turn and the One Leg Stand. I have further training so I am also able to perform additional tests if I feel they are warranted, such as the Modified Rhomberg Balance and the Lack of Convergence Test. If they show sufficient indicators during these tests, I then arrest them and read the Implied Consent Advisement form to them. From there, it's simply a matter of going to the ER (or magistrates office for a warrant if need be) and then the jail.

For the very, VERY interested: during HGN, i perform a medical check to ensure their eyes show no resting nystagmus, track equally and have equal sized pupils. The test itself consisted of checking for a lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation and the onset of nystagmus at maximum deviation. I also check for vertical gaze nystagmus. Although not a clue, it can be a sign of impairment, specifically a high does of the particular drug for that individual.

During WAT, there are two clues during the instruction stage, failure to maintain the start position and beginning the test prior to directions to do so. There are six clues during the walking stage: Arms used for balance, stepping off the line, failure to touch heel to toe, incorrect number of steps, incorrect turn and stopping once you have begun the test.

During OLS, there are four clues: Putting your foot down, using arms for balance, swaying and hopping.
And failure to count outloud for w&t and one leg
 
#147 ·
As I hope my post explains, the properly trained officer has a very specific number of indicators to assist in judging impairment, I believe the tests as a whole have over a 90% accuracy rating.
 
#150 ·
As to the process when the driver is unconscious, I personally would probably just subpoena any blood draws the hospital makes as part of the treatment process. If they're not awake, they they can neither consent or refuse. I haven;t ran across that situation but one time, and after they woke up they consented.
 
#153 ·
Here if the driver is unconscious the state will generally read the Implied Consent notice and the have the blood drawn.

I do it a little differently and write a search warrant based on what i have and then use the warrant to get blood. I see the state patrols way as being open to litigation and don't want to be case law myself
 
#152 ·
You're very welcome; DUI arrests are one of the most labor intensive arrests involving a misdemeanor officers make, but for good reason. The invasiveness of the blood draw, the legal fees and the potential effect conviction will have on the accused makes me try to do everything I possibly can to ensure the correct arrest decision.
 
#154 ·
Saw that on the tube.
Thats a rare derriere
 
#163 ·
Recognize I'm dealing with a superior individual, turn around and leave.

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#168 ·
I'm actually being serious. What would you do at that point?
A stop is a seizure, and it's lawful to order the occupant out. As it's lawful you don't get to say no, you only get to choose how far to take it. If I think you are an impaired driver you are coming out of the car one way or another.

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#170 ·
Meow listen here...

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