Pages

Jump to bottom

11 comments

1 nines09  Thu, Feb 27, 2014 1:39:25pm

How do you spell “Lawsuit”? Another schmuck with a badge.

2 Dark_Falcon  Thu, Feb 27, 2014 1:42:35pm

The thing is that Austin is a fairly liberal college town. So I don’t think this is so much overt racism as it is a police DERP against someone they didn’t think was important enough to cause them a problem.

3 thecommodore  Thu, Feb 27, 2014 1:51:06pm
The Austin Police Department stands by the arrest, saying they believed Davis showed signs of impairment, that while standing on one leg, he “swayed,” and “needed his arms for balance.”

This is why you should never, ever, take field sobriety tests if you are stopped on suspicion of DUI. There are people who, when being stone cold sober, also happen to have sub par coordination (like your’s truly). Also the portable breath test (called a PAS I think) is so inaccurate it isn’t admissible in court in most states.

So when faced with a police officer trying to determine if you’re under the influence, respond to each and every question by asking if you’re free to go, refuse to take any and all field sobriety tests and/or pre-arrest alcohol screening. You are only required (in most states) to take a breath test only after you have been arrested.

Know your rights. Use them or lose them.

I am not a lawyer, but a I have a lawyer acquaintance in my extended family who told me what I posted above.

4 steve_davis  Thu, Feb 27, 2014 2:12:17pm

re: #3 thecommodore

I’ve listened to audio of someone doing this at a sobriety checkpoint, and remarkably, it did not result in the person being dragged out of the car and beaten. But yes, this is a good point.

5 ausador  Thu, Feb 27, 2014 3:39:44pm

re: #3 thecommodore

In Florida you are indeed allowed to refuse any and all sobriety checks providing that you have not done property damage or injured someone. BUT if you refuse to allow police to test you when they have “reasonable cause” to suspect that you might be impaired then your license will be automatically suspended for one full year.

Not sure how it works anywhere else, but when they toughened the drunken driving laws and blood alcohol limits here they added that to the statutes as well.

So while you may be able to avoid the DUI arrest (and the legal/insurance penalties) if you really are a bit tipsy you can only do so by giving up your license for a year. If you really are sober you can still refuse to do the field tests and demand a certified breathalyser or blood draw test be done instead.

6 Jayleia  Fri, Feb 28, 2014 4:13:46am

*reads and sighs*

Go home Texas, you’re drunk.

7 Aunty Entity Dragon  Fri, Feb 28, 2014 9:52:17am

re: #3 thecommodore

This is why you should never, ever, take field sobriety tests if you are stopped on suspicion of DUI. There are people who, when being stone cold sober, also happen to have sub par coordination (like your’s truly). Also the portable breath test (called a PAS I think) is so inaccurate it isn’t admissible in court in most states.

So when faced with a police officer trying to determine if you’re under the influence, respond to each and every question by asking if you’re free to go, refuse to take any and all field sobriety tests and/or pre-arrest alcohol screening. You are only required (in most states) to take a breath test only after you have been arrested.

Know your rights. Use them or lose them.

I am not a lawyer, but a I have a lawyer acquaintance in my extended family who told me what I posted above.

Keep in mind that in many jurisdictions, possession of a driver’s license constitutes implied consent for a field sobriety test. Refusal to take a test is grounds for immediate revocation of your license.

8 thecommodore  Fri, Feb 28, 2014 10:20:29am

re: #7 Aunty Entity Dragon

Keep in mind that in many jurisdictions, possession of a driver’s license constitutes implied consent for a field sobriety test. Refusal to take a test is grounds for immediate revocation of your license.

I’m not sure about that. The “implied consent” laws definitely apply to agreeing to take a breath test, but only after you have been arrested (unless you’re under age in some states). But as I understand it (again, according to my lawyer acquaintance who has defended DUI cases), there is no other exception to your 4th and 5th amendment rights.

Now a cop may say you are obligated to perform field sobriety tests and the like, but this is false. Cops are, however, allowed to lie in order to get someone to waive their rights. It’s a police tactic that’s as old as the hills.

9 kirkspencer  Fri, Feb 28, 2014 12:51:42pm

re: #8 thecommodore

I’m not sure about that. The “implied consent” laws definitely apply to agreeing to take a breath test, but only after you have been arrested (unless you’re under age in some states). But as I understand it (again, according to my lawyer acquaintance who has defended DUI cases), there is no other exception to your 4th and 5th amendment rights.

Now a cop may say you are obligated to perform field sobriety tests and the like, but this is false. Cops are, however, allowed to lie in order to get someone to waive their rights. It’s a police tactic that’s as old as the hills.

Texas law is that you can say, “No thank you” if asked to take a field sobriety test. The officer cannot make you take one without arresting you. He cannot issue a ticket for refusing.

Be aware, however, that he’s got several nuisance tactics in his arsenal in the event he’s annoyed at having his authority questioned. These include delaying your vehicle by conducting a full safety inspection (can’t get in the vehicle but can make you do the brake and light and all the rest tests) till a dog arrives, then keep you for a dog drug walk-around, then, well, waste your time for hours if he feels like it. And it only takes one slip for him to push it up a notch.

The vast, vast majority will let you go if you refuse. It’s that small portion and the pain they can bring that makes it questionable. At the same time they’re the ones most likely to, well, arrest you for DWI after blowing 0.0%.

10 Amory Blaine  Fri, Feb 28, 2014 1:21:07pm

He could have been butt-chugging.

11 Dark_Falcon  Fri, Feb 28, 2014 6:38:22pm

re: #7 Aunty Entity Dragon

Keep in mind that in many jurisdictions, possession of a driver’s license constitutes implied consent for a field sobriety test. Refusal to take a test is grounds for immediate revocation of your license.

Honestly, then revocation is just what happens in that case. It’s better to lose your driver’s license for six months than to end up with a criminal record.

If a cop is looking to bust you for something, even if you have done nothing wrong you need to be thinking about how the best way to keep the damage down to a minimum. Because if the cop is determined to arrest you, then you’re going to be arrested and its likely just that simple. You need to accept that things are likely to be pretty bad for the immediate future and focus on keeping them from getting worse.


This page has been archived.
Comments are closed.

Jump to top

Create a PageThis is the LGF Pages posting bookmarklet. To use it, drag this button to your browser's bookmark bar, and title it 'LGF Pages' (or whatever you like). Then browse to a site you want to post, select some text on the page to use for a quote, click the bookmarklet, and the Pages posting window will appear with the title, text, and any embedded video or audio files already filled in, ready to go.
Or... you can just click this button to open the Pages posting window right away.
Last updated: 2016-01-01 10:29 am PST
LGF User's Guide RSS Feeds Tweet

Help support Little Green Footballs!

Subscribe now for ad-free access!Register and sign in to a free LGF account before subscribing, and your ad-free access will be automatically enabled.

Donate with
PayPal
Square Cash Shop at amazon
as an LGF Associate!
Recent PagesClick to refresh
Clean Bandit - Higher (Feat. GRACEY and Iann Dior) [Official Acoustic Video] Clean Bandit - Higher (feat. @GRACEY and @iann dior) [Official Acoustic Video]Stream or download "Higher" (Acoustic) now: cleanbandit.lnk.to Click here to subscribe: bit.ly Directed by Dan Massie for els.tv Follow Clean Bandit:Website: cleanbandit.co.ukFacebook: facebook.com Twitter: twitter.com Instagram: instagram.comSoundcloud: SoundCloudSpotify: ...
Thanos
14 minutes ago
Views: 28 • Comments: 0 • Rating: 0
Tweets: 2 •
#Thegreatpoolpondconversion - 210418Electrics and hydraulics hum along now unattended and without any thought.No more mentions until we add a pump or a panel or... We lived with the partially screened in filter for a week.It didn't feel quite right and it looked ...
Dangerman
1 day, 15 hours ago
Views: 148 • Comments: 0 • Rating: 5
Tweets: 0 •
#Thegreatpoolpondconversion - 210411The pumps are pumping along. Like they always should have.They go on when the sun comes out, they go off in the clouds and at night.We barely pay attention to their functioning and now can focus on the sight and ...
Dangerman
1 week ago
Views: 518 • Comments: 0 • Rating: 3
Tweets: 0 •
AFI - Dulcería (Official Music Video) "Dulcería" comes from AFI’s new album, Bodies, out June 11. Available for preorder everywhere now: riserecords.lnk.to ​ Directed by Adam Mason, produced by Elizabeth Mason LYRICSI saw sugar there, dancing in the sweet air. When my eyes began to ...
Thanos
1 week, 2 days ago
Views: 639 • Comments: 0 • Rating: 0
Tweets: 8 •
The Shaolin Afronauts - Winds Across Gayanamede (Live at Adelaide Festival Centre) Recorded 21 January 2012 at Adelaide Festival Centre, Adelaide, Australia. Winds Across Gayanamede is taken from the second album from The Shaolin Afronauts; Quest Under Capricorn. The album drops 16 July on vinyl, CD and digital download via Freestyle ...
Thanos
1 week, 2 days ago
Views: 583 • Comments: 0 • Rating: 0
Tweets: 4 •
#Thegreatpoolpondconversion - 210404Did you spend all week thinking about solar power and pumps? We didn't either.A week of flawless electrics and hydraulics.The first few days we went out to check on it like hourly.Now we don't even think about itThe proof of ...
Dangerman
2 weeks ago
Views: 896 • Comments: 0 • Rating: 7
Tweets: 0 •
Springsteen - “Prove It All Night” Live at Cleveland Agora, 1978This is so perfect.
Secret ANTIFA Operative
2 weeks, 3 days ago
Views: 1,038 • Comments: 0 • Rating: 3
Tweets: 3 •
Foster the People - Lamb’s Wool (Official Music Video) Official animated music video for Foster The People's single 'Lamb's Wool' off of their most recent EP 'In The Darkest Of Nights, Let The Birds Sing'. Listen to 'Lamb's Wool' here: stem.ffm.to Listen to 'Lamb's Wool (with Poolside)' here: ...
Thanos
2 weeks, 3 days ago
Views: 1,016 • Comments: 0 • Rating: 1
Tweets: 2 •
Talk Talk - It’s My Life (Live at Montreux 1986) Live at Montreux 1986 is a concert video release by the British synth pop band Talk Talk of a concert at 1986 Montreux Jazz Festival in Switzerland. The show was part of a tour that started in April 1986 ...
Thanos
2 weeks, 3 days ago
Views: 1,032 • Comments: 0 • Rating: 1
Tweets: 2 •
KALEO - Skinny [OFFICIAL LYRIC VIDEO] Music and Lyrics by JJ Julius SonNew song “Skinny" available now: kaleo.lnk.toFrom the upcoming album Surface Sounds out 4/23: kaleo.lnk.to What makes you feel good?What makes you angry inside? Why don’t you love me?You want to fuck me or ...
Thanos
2 weeks, 5 days ago
Views: 1,077 • Comments: 0 • Rating: 0
Tweets: 3 •