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No Refusal DWI Checkpoints

Discussion in 'The Okie Corral' started by Random, Dec 28, 2012.

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  1. certifiedfunds

    certifiedfunds Tewwowist

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    They don't announce specific roads.
     
  2. Officer X

    Officer X

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    Just speaking for NJ:

    There is implied consent in this state if you drive a car.

    If I have reasonable suspicion that you're DWI, I'm going to detain you for further testing and observation (100% legal).

    Even if you feel you are smarter than everyone else (including cops), and play games about doing roadside testing (I have actually let people go after this), I have had enough training and experience to determine and articulate probable cause to place you under arrest.

    Once under arrest for DWI, I can do a limited passenger area search. Unless one of the exemptions in the state AG guideline's is triggered, it is highly likely that your car will be subject to a mandatory impound and an inventory search will be done.

    If you then refuse the breath test, I'm also going to process you and issue you a summons for Refusal. I'm not going to spend any time getting a warrant. In addition to Refusal, you will also be issued a summons for DWI. I have had convictions on DWI on observation only when drivers refused and had them convicted for both DWI and Refusal, that will get you double the penalty. Often a plea will be made to merge the DWI if you plead guilty to the refusal but it will still get you a 6 month loss of license and fines.

    If you're over the limit, it's your right to challenge the results in court on a technicality. If you're borderline, you can always try to plea bargin a lesser penalty. There is no right to refuse. You refuse and you get convicted, you're subject to all the same penalties as a DWI. The only difference is if you're arrested for DWI in the future, without an actual "DWI" conviction on your record, you're not subject to enhanced penalties.
     

  3. DanaT

    DanaT Pharaoh

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    You are 100% correct. But they sure will tell you about how much they are for liberty.

    Know your enemy and know yourself, find naught in fear for 100 battles. Know yourself but not your enemy, find level of loss and victory. Know thy enemy but not yourself, wallow in defeat every time. – Sun Tzu

    All warfare is based on deception. – Sun Tzu

    "The main plank in the National Socialist program is to abolish the liberalistic concept of the individual and the Marxist concept of humanity and to substitute for them the folk community, rooted in the soil and bound together by the bond of its common blood." – Aldof Hitler

    “It is thus necessary that the individual should come to realize that his own ego is of no importance in comparison with the existence of his nation;” – Adolf Hilter

    “Death is the solution to all problems. No man - no problem.” – Joseph Stalin

    “Democracy is beautiful in theory; in practice it is a fallacy. You in America will see that some day.” - Benito Mussolini

    “Fascism conceives of the State as an absolute, in comparison with which all individuals or groups are relative, only to be conceived in their relation to the State.”- Benito Mussolini

    "Comrades! We must abolish the cult of the individual decisively, once and for all." - Nikita Khrushchev

    “We must stop thinking of the individual and start thinking about what is best for society." – Hilary Clinton

    "We can't be so fixated on our desire to preserve the rights of ordinary Americans” – Bill Clinton

    “What is freedom? There is no such thing as absolute freedom!” - Benito Mussolini
    In America , we have this strong bias toward individual action. You know, we idolize the John Wayne hero who comes in to correct things with both guns blazing. But individual actions, individual dreams, are not sufficient. We must unite in collective action, build collective institutions and organizations.” - BARACK OBAMA, Chicago Reader Interview, 1995
     
  4. certifiedfunds

    certifiedfunds Tewwowist

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    Where did I say that?

    Drivers licenses are pretty silly. They give one to anyone with a pulse. People still drive when they're suspended. What's the point?

    I don't go to clubs.
     
  5. DanaT

    DanaT Pharaoh

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    hopefully someone you have arrested finds this post where you admit fabricating probable cause.
     
  6. Officer X

    Officer X

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    The court case decision and the Kirk Guidelines only stipulate that the roadblock has to be publically announced. It does not mandate any further action. If your local LE agency wants to include details, that's on them.

    Our agency just puts an ad out which will be something like: "During the month of July, the ---- Police Department will be conducting sobriety check points on the township's roadways".

    Our department attorney and county Prosecutor's Office has advised this is acceptable and within the guidelines for public notification. For all the challenges that have been done by defense attorneys, notification had never been one of them.
     
  7. Officer X

    Officer X

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    Where did I say I fabricate PC?

    ETA:

    You have made what I regard as a serious allegation. Please provided where I have ever said this.
     
    Last edited: Dec 28, 2012
  8. Jonesee

    Jonesee

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    I read OfficerX post the same way.
    He is basically saying he can make your life miserable and make it stick whether you are truly guilty or not.

    I hope I never have the experience of meeting a policeman like him.
     
  9. DanaT

    DanaT Pharaoh

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    The bold statement in the context of the thread and “playing games.”

    So, in the English language, a paragraph is a group of sentences that are linked together to define a single point. Since you put “I have actually let people go” and “playing games” in a paragraph with “articulate probable cause to arrest you” they are linked together to form a single point. So, you have admitted to letting people go, which I suspect means that you found that they were not guilty, and tying that point together with probable cause. Likewise you have said “playing games” and linking that to probable cause. Furthermore, in the context of the thread, which some think the answer of “1 mountain dew” as a “smart-ass” answer to “how much have you had to drink” it is quite clear that if you don’t like how someone answers your question, you will fabricate probable cause.
     
  10. Jonesee

    Jonesee

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    Because you asked.
    Context is everything and this post definetley sounds threatening.

    and for the record. I have nothing against policemen. I've never been in trouble and been through probably 100 checkpoints. The county I lived in used them a lot and I had to drive on a major 2 way road to get to my house. They set up there almost once a weekend. I've never had a DWI. No axe to grind.

    But your post is worrisome. (from a civilian perspective)
     
    Last edited: Dec 28, 2012
  11. certifiedfunds

    certifiedfunds Tewwowist

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    Uh oh! He regards it as a serious allegation!
     
  12. DanaT

    DanaT Pharaoh

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    It is more serious of an allegation that someone is DWI when they in fact are not DWI?
     
  13. Officer X

    Officer X

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    For the reading impaired:

    I have let people go who have cooprated where upon further testing, it was my belief that you were not, or I could not prove DWI. Those drivers were thanked for their cooperation and time, issued the appropriate summons or warning and sent on their way.

    If someone wanted to "play games" and not cooperate or be a b-ll buster, If I had enough PC on my observations, I would articulate those in my report to testify in court. Just because someone doesn't want to cooperate doesn't mean you get a free pass.

    To be clear :
    Articulate-


    adj.
    1. Endowed with the power of speech.
    2. Composed of distinct, meaningful syllables or words, as human speech.
    3. Expressing oneself easily in clear and effective language: an articulate speaker.
    4. Characterized by the use of clear, expressive language: an articulate essay.
    5. Anatomy Consisting of sections united by joints; jointed.

    Fabricate-


    1. to make, build, or construct
    2. to devise, invent, or concoct (a story, lie, etc.)
    3. to fake or forge
    [from Latin fabricāre to build, make, from fabrica workshop; see fabric]

    It seems that you are using your own prejudice to twist my words to fit your definition.
     
  14. ancient_serpent

    ancient_serpent

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    Lol, nice. It's hard to put this into written word, and I know I come off sounding way more rude than I actually mean it.
    I'm just a private person and figure it's no ones business what I'm doing.
     
  15. ray9898

    ray9898

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    Don't fall for it, they will spin your words and run with it. 20 posts from know it will look like a tornado hit a trailer park.

    Anyone with common sense and a little real world experience who read that knows you were not saying you would fabricate anything. I took it as I am sure you meant it; you have enough training and experience to be able to prove a case against an impaired driver even if they a try to avoid the standardized field tests and chemical tests in an effort to outsmart the system.

    The juries see right through it if the officer has the experience to explain what they smelled, heard and saw along with why that indicated intoxication. The very best evidence you could ever have to prove you were not DUI is field tests that show no coordination or comprehension issues and a BAC that is below the legal limit.
     
  16. certifiedfunds

    certifiedfunds Tewwowist

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    If the field test shows no comprehension or coordination issues why test BAC?
     
  17. Officer X

    Officer X

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    Worrisome, why. Because I write the appropriate procedures and state laws that I will follow (and must follow) to make an arrest and process a vehicle and arrestee.

    The laws are in place, I know them and follow them, sorry if that is worrisome.
     
  18. DanaT

    DanaT Pharaoh

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    par•a•graph
    [par-uh-graf, -grahf]
    noun
    1. a distinct portion of written or printed matter dealing with a particular idea, usually beginning with an indentation on a new line.
     
  19. ray9898

    ray9898

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    My reference is either/or. Not all people that test for BAC do the fields, not all that do the fields do BAC.
     
  20. Kingarthurhk

    Kingarthurhk Isaiah 53:4-9

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    So, what I am gathering, you are, in theory a grown up, who refuses to take personal responsibility for thier actions?
     
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