Why not?
I think I was probably being an idiot before - and almost died a couple of times.
Almost got hit head on by a truck in Indonesia, when I was on a moped.
Why not?
My son is a 22 YOWM, Long hair, and is in the car with 2 guys who both also look like hippies or they are homeless. The car is an OLD Buick. A Black woman pulls up next to them at a stop sign and sees my son grab a drink out of a paper bag. She calls the cops on him, saying he was drinking a driving. Now I want to say this is total racial profiling - she had no idea what was in the bag and his driving was not impaired- and if he were black instead of white Al Sharpton would he there beating the war drum, but black people get away with shit ...
All on video, cop pulls up behind my son at a light, Conor's is turning left and already has his blinker on, he is turning onto a 4 lane road. He navigates the turn perfectly. The cop turns on his lights, my son puts on his right turn signal, pulls up to the curb perfectly, does not hit the curb does not park too far from it and navigates past a large truck while doing this.
Cop comes to the window, Conor has his hands on the steering wheel, then hands him ID, Ins, and registration. They talk for a while. He asks Conor to get out of the car and stand behind the car. You can see Conor walk to the back of the car and he is not staggering or swaying. Cop questions the two other guys for 5 minutes. Conor stands there the whole time motionless, no swaying and he is not holding onto the car.
Second cop shows up and administers a Field Sobriety Test. Conor crushes it, he is a rock climber and can walk a 50 foot slack line backwards so balance is never an issue.
Cop finds an open container in the car (it really was Conor's) Buddy claims ownership for container though (It was a beer).
Go to court, he blows less then the legal limit. BUT they still try and get him for a DUI.
Driving safely
No issue with the Field Sobriety Test
under the legal limit
Did not see him drinking and other occupant claims ownership of open container.
He won but ONLY because he had a new young attorney who was excited to have a case that she could win and went WAY above and beyond anything I have ever seen an attorney do as far as investigation.
Most laws are complete and total BULL SHIT.
From what I've heard from lawyers here in the US, they all say not to take the field sobriety test. At that time that test is issued, the cop has already decided to arrest the person and just wants more evidence for court.
I think I was probably being an idiot before - and almost died a couple of times.
Almost got hit head on by a truck in Indonesia, when I was on a moped.
What’s being criminalized is the chemical make up of the blood in your body
You know you have a greater chance to die from sober driving vs drunk driving? (comparing 2011 stats)
It's sort of strange... Its like they crashed and were listening to Mettalica so nobody should be aloud to listen to metallica while driving.
There are plenty of people on the road who should NEVER drive. Sober or not.
Try selling that to anyone who had a family member killed/injured by a drunk driver.
Related question - why do US police cars not all carry breathalyzers, and instead rely on field sobriety tests?
If they're already at a stage of reasonable suspicion, wouldn't it be legal? They're allowed to frisk for weapons if there's reasonable suspicion. Also, would blowing into a tube be covered? I wouldn't call that a search or a seizure.The 4th amendment, basically. Can't just go shoving a pipe into everyone's mouth when the mood hits you, type of thing. Using a breathalyzer would amount to unreasonable search, which is against the 4th amendment.
Field sobriety tests are used simply to confirm suspicion, and nothing else. They're not used against you as evidence in court. That comes later, when you take the actual test at the station.
If they're already at a stage of reasonable suspicion, wouldn't it be legal? They're allowed to frisk for weapons if there's reasonable suspicion. Also, would blowing into a tube be covered? I wouldn't call that a search or a seizure.
Grr, I wrote an edit, WF logged me out, when I logged in the 10 minute limit was hit and I lost it. It was basically regarding this:I honestly don't know the medical details behind it, but I do know whatever tests they administer road side are inadmisslble in court. They can't use results of any test that happens road side as evidence. It's when you get hauled into the station, and blow in the actual machine. You blow twice, and the lowest recording is what gets entered as evidence against you for a DUI.
Again, I don't know the medical details behind it, but I would imagine there's still a reason they can't use roadside tests as evidence in court. Who knows, maybe technology has advanced to a point where it would be fine to do so, but the laws just haven't caught up yet. Wouldn't be the first time technology surpassed the legal system.
Try selling that to anyone who had a family member killed/injured by a drunk driver.
[*]An officer can force someone to talk legally, as there's no reasonable expectation of privacy on the sound of your voice, which could possibly be extended to your .