A new law passed regarding the DUI arrests that turn out to be those who were not actually driving under the influence. These cases now have to be reported each year along with the arresting jurisdiction. Apparently a lot of middle TN does not use a breathalyzer, but only field sobriety tests, because the breathalyzer only tests for alcohol and not drugs. These folks then have to wait for the results of the blood test to come back, which is not immediate while having to post bail, pay attorney fees, etc. and risk to their employment as well.
I have long wondered if I ever got pulled over and given one if I would pass it or not simply because I was not blessed with the most coordination.
If you live to be a hundred, I want to live to be a hundred minus one day, so I never have to live without you.---Winnie the Pooh
This is why LE should be trained on Nystagmus Gaze observations. That is the little test where they have you follow a pen or finger with your eyes while keeping your head still. If you are impaired, on anything, your eyes quiver, or jump.
Lord, please help us get our nation straightened out.
This is why LE should be trained on Nystagmus Gaze observations. That is the little test where they have you follow a pen or finger with your eyes while keeping your head still. If you are impaired, on anything, your eyes quiver, or jump.
Interesting. We were all trained at least at state level in HGN and VGN in Florida through a NHTSA course Jawbone. Surprised other jurisdictions aren’t as that’s part of the 3 Standard Field Sobriety Tests. It’s amazing how those eyes will pop and the opthamologists recognize it. But I know in FL it wasn’t admissible in court unless person was a Drug Recognition Expert.
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Never consent to a field sobriety test. It's the equivalent of opening the door and allowing the cops to rummage without a warrant. Yes, some decent cops may honestly use it as a tool to determine if you are safe, but 90% of the time, they have already made a decision. You are just willfully providing further evidence at that point. DUI's are money makers for everyone from the tow truck driver to your future probation officer. A felony DUI will send thousands of dollars to the county over the next year, and you will still probably end up getting revoked for something small and going to prison.
The last time I was pulled over suspected of DUI, 5 cars pulled me over, said "someone called in that I was swerving". I asked what they (the officers) observed, and they admitted they observed nothing wrong after following me over two miles through a neighborhood five deep. I politely gave them my license and insurance, answered some basic questions about where I was going (home) and where I was coming from (the beach), which were obvious. The officer began to ask if I had anything to drink, and I said, "I'm done answering questions". I knew I was either going to jail or not.
He came back two minutes later, told me he could smell beer on my breath, but also thought I was tired from being at the beach all day. Said he was not conducting a DUI investigation and wished me well. He obviously felt I was safe to drive, but was sure willing to get me to leave more money than I planned in Florida. Had I continued to answer questions, I'd have made some Florida lawyers' boat payment for a few months.
Don't drive drunk (ain't worth the pain of hurting someone else or getting in trouble), but don't be a witness against yourself either. Not answering questions is a sobriety test in itself, as most drunks think they can talk their way out of it.
At what point in Alabama do they pull your DL? If you refuse FST or is it after a breathalyzer/blood test. At some point somebody is going to contest arrests for driving dirty on pot. If you smoked two weeks ago you will test positive I guess. So you smoke some of the "legal" stuff and refuse a field sobriety test so they blood test you and you pop positive for legal weed that you smoked two weeks ago. I doubt I could the FST on my best day now.
"In time of war, send me all the Alabamians you can get, but in time of peace, for Lord's sake, send them to somebody else." General Edward H. Plummer
"Blessed are those who, in the face of death, think only about the front sight." Jeff Cooper
Re: Sober DUI Law Passes in Tennessee
[Re: Lockjaw]
#4313220 04/22/2508:45 AM04/22/2508:45 AM
I cuold not pass a field sobriety test. My balance has never recovered 100% from the accident I had in 2019, not to mention my advancing age.
I would be curious if there was some sort of incentive for these arrests.
$300 to get your vehicle out of the impound $500 to your bail bondsman $2000-4000 to your attorney (5000-10k if felony) $2000 to the court for fines $2000-4000 to the county probation dept $3000-5000 for court-ordered brethalyzer and monitors $2000-4000 for court order counseling services.
3-4 mandatory appointments during the week (during biz hours) with court, probabtion, counselors that you are unemployable - priceless.
Best thing anyone can do is just do their time for a few months and skip probation. It's a trap for most.
Re: Sober DUI Law Passes in Tennessee
[Re: trlrdrdave]
#4313223 04/22/2508:51 AM04/22/2508:51 AM
At what point in Alabama do they pull your DL? If you refuse FST or is it after a breathalyzer/blood test. At some point somebody is going to contest arrests for driving dirty on pot. If you smoked two weeks ago you will test positive I guess. So you smoke some of the "legal" stuff and refuse a field sobriety test so they blood test you and you pop positive for legal weed that you smoked two weeks ago. I doubt I could the FST on my best day now.
Field Sobriety Test in AL ar 100% voluntary you can't be penalized. You can get a 90 suspension for refusing a brethalyzer (however you are usually entitled to admin hearing where you can get your license back or get an occupational license to drive to work, etc.) Still finding another way to get around for 3 months is better than going through the legal system.
There are some tests to determine the amount of THC in your system, not just whether you have used. The scholars and scientists are still coming to a consensus on exactly what amount impairs a driver.
Best thing is don't drive drunk or high. Even if you are in an accident that isn't your fault, it will be a huge question mark and you'll wish you didn't. I take driving so much seriously than I used to as I get some years and seen too much stupid stuff on the roads.
Radioactive installs those in car breath alyzer devices. You have to come in and have them calibrated periodically, for a fee. He told me they will randomly require you to do a breath alyzer test while the car is driving. And they can install camera's to make sure someone else isn't blowing for you.
I was in there on a saturday getting some stereo work done, and I bet he did 10 calibrations. All manor of people do, 70+ year olds, to hot young women.
Re: Sober DUI Law Passes in Tennessee
[Re: Lockjaw]
#4313225 04/22/2509:00 AM04/22/2509:00 AM
Radioactive installs those in car breath alyzer devices. You have to come in and have them calibrated periodically, for a fee. He told me they will randomly require you to do a breath alyzer test while the car is driving. And they can install camera's to make sure someone else isn't blowing for you.
I was in there on a saturday getting some stereo work done, and I bet he did 10 calibrations. All manor of people do, 70+ year olds, to hot young women.
Yup and they ain't doing them for free...
Re: Sober DUI Law Passes in Tennessee
[Re: jawbone]
#4313242 04/22/2509:47 AM04/22/2509:47 AM
This is why LE should be trained on Nystagmus Gaze observations. That is the little test where they have you follow a pen or finger with your eyes while keeping your head still. If you are impaired, on anything, your eyes quiver, or jump.
This test has always concerned me, my oldest sons eyes will do this all the time, he has perfect vision, however his eyeballs quiver almost all the time. One time we had a state trooper here in the shop and I was asking him about it, he tested my son and laughed and said he would take him to jail.....
Probably about 15 years ago a friend got a DUI here in Alabama because he fell asleep in a McDonalds drive thru line late one night. He even blew 0.0% and was still charged. He had to spend a lot of money to fight it.
Do not take legal advice on this site from the uninformed. I’ve read some info, that may be well intentioned, but is based on a lack of knowledge, commonly called ignorance that if followed can likely lead to more problems. I’m in the country so I don’t have the time to address all these issues, if you have questions, let me know and I’ll answer what I can when I get back in the modern world.
Lord, please help us get our nation straightened out.
I think there needs to be different training for LEO's. While I think there are plenty of bad people out there they encounter, getting a call about something doesn't mean you need to investigate it outside of what is common sense. It's like that Pastor down in childersburg that got arrested for watering his neighbors flowers. What is suspicious about that? Then he doesn't want to ID, which the appeals court ruled on not to long ago, that alabama law doesn't required you to provide ID, and they arrest him for resisting. Dude is out in broad daylight watering flowers. Common sense should tell you that's not the expected behavior of a burgalar.
When you harrass someone simply because you can, it creates a sour opinion. Perhaps its a mentality, they need to make arrests to feel like they are making a contribution, or its how you get promoted.
What I think is funny is the deputy in Pinal County that does all the videos. Hes on the Brady list as a cop who lied under oath and his testimony is considered unreliable. And he doesn't want to answer simple questions the person has until he gets their ID. That's the disconnect. When an officer wonders why the public doesn't respect them, that's it. They expect us to answer their questions.
Re: Sober DUI Law Passes in Tennessee
[Re: Wiley Coyote]
#4313477 04/23/2505:35 AM04/23/2505:35 AM
I’m glad that kid handled it properly on his end. Goes to show you can make your point and stand your ground without cussing and ranting on the video. That cop was something else. He is what give them a bad name