User Panel
[#1]
Originally Posted By Jason280: I'm genuinely curious, how does that work? Would blowing "0" remove any probable cause for bloodwork? View Quote View All Quotes View All Quotes Originally Posted By Jason280: Originally Posted By rgaper: Yeah there's a video on YT of a guy who blew 0.0 twice and the cop did not relent... he threatened the guy with arrest if he did not submit to a "voluntary" blood test. I'm genuinely curious, how does that work? Would blowing "0" remove any probable cause for bloodwork? I've arrested plenty of people driving while high as a kite on opiates. |
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[#2]
Originally Posted By Gspointer: That makes sense. Just like a lie detector, it will never be used in your favor. There is no reason to take one. View Quote View All Quotes View All Quotes Originally Posted By Gspointer: Originally Posted By SmilingBandit: He either has PC to arrest you or he doesn't. Not participating in his evidence gathering doesn't add more to the equation. If you used the refusal of someone to participate in voluntary, subjective evidence gathering procedures against them then you are not a friend of liberty. That makes sense. Just like a lie detector, it will never be used in your favor. There is no reason to take one. Those aren't admissible in court... |
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[#3]
Originally Posted By Creatyre: I can't speak for that officer, but in NY I was only instructed on, and had to demonstrate proficiency in, one leg stand, walk the line, and HGN. My suspicion is that wasn't a state sanctioned SFST. View Quote Like this? Sobriety test |
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Snap, bang or fizz I like all 3
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[#4]
The USCG are professional.
The FWC are faggots. |
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[#5]
Originally Posted By Creatyre: Those aren't admissible in court... View Quote From what I’ve seen today, only the breath test should be admissible and I’m not sure about it. If I’m ever on a dui jury the dude better be on tape looking and sounding drunk if I don’t know the arresting officer. |
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[#6]
Ridiculous. “MyFWC” is the worst. My understanding from some folks in high places in Tally, is that the FWC is dug in like an Alabama tick and DeSantis can’t break through their firewall of bureaucracy.
FWC has been out of control and does not want to work for the people. Sounds similar to Trump’s inability to deal with federal three letter agency in DC. |
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[#7]
That was terrible. 100% Railroaded. Could he have volunteered to do a breathalyzer? I guess the fish cop gets credit for an arrest, regardless of the outcome? Or maybe they know most people can’t afford to fight it?
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GD- "It's kind of like wading through through slimy lake bed with your feet to find clams below the surface".
- gtfoxy |
[#8]
Originally Posted By Gspointer: From what I’ve seen today, only the breath test should be admissible and I’m not sure about it. If I’m ever on a dui jury the dude better be on tape looking and sounding drunk if I don’t know the arresting officer. View Quote View All Quotes View All Quotes Originally Posted By Gspointer: Originally Posted By Creatyre: Those aren't admissible in court... From what I’ve seen today, only the breath test should be admissible and I’m not sure about it. If I’m ever on a dui jury the dude better be on tape looking and sounding drunk if I don’t know the arresting officer. I was referring to the polygraph. The SFSTs are generally used to establish PC for the arrest. Breathalyzer for the "conviction" (plea deal for a violation). |
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[#9]
Originally Posted By BillofRights: That was terrible. 100% Railroaded. Could he have volunteered to do a breathalyzer? I guess the fish cop gets credit for an arrest, regardless of the outcome? Or maybe they know most people can’t afford to fight it? View Quote Get the right lawyer and the state will be paying the attorney on a bullshit arrest. |
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[#10]
is the camera swinging on a rope?
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For since the creation of the world God’s invisible qualities, His eternal power and divine nature, have been clearly seen, being understood from His workmanship, so that men are without excuse.
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[#11]
Originally Posted By Creatyre: You have every right to not participate in the field sobriety tests. The officer will likely use whatever other PC is available to make the arrest and then will obviously not have the field sobriety tests to use against you in court. View Quote That's fine by me. My drinking starts after the boat is parked at home. Passengers OTOH, tend to start drinking before they even show up at the boat launch. I'm ok with that to a point. Get unruly turn in to an asshole, you are getting dumped off at the closest shore line. Don't have time to argue, they get kicked off the boat and they have to find their own way from there. Male or female. |
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It's a strange, strange world we live in, Master Jack
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[#12]
Originally Posted By TaskForce: This? https://reason.com/2024/02/14/iowa-cops-arrested-a-sober-college-student-for-driving-intoxicated-his-lawsuit-is-moving-forward/ View Quote View All Quotes View All Quotes Originally Posted By TaskForce: Originally Posted By rgaper: The cop was angry after the breathalyzer came back as 0.0. He had decided this guy was drunk... and then because he wasn't drunk he MUST be on drugs. He was out for blood, literally. Here you go....... https://youtu.be/VHQZs8hk5yw?si=G9IVOY_ofyeA77yx This? https://reason.com/2024/02/14/iowa-cops-arrested-a-sober-college-student-for-driving-intoxicated-his-lawsuit-is-moving-forward/ No, I posted a link to the video directly above this.... it is a Florida fish cop. |
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[#13]
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"You can't tourniquet a taint, folks." - Andrew Branca
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[#14]
A good officer won't bother with FSTs unless he's already gathered enough evidence during the contact phase to arrest.
There's a slim chance that if you're compliant and do well enough on the tasks that an officer may give you a break and let your buddy drive. Officer discretion is a thing. The reason they read directly from the card is that the tasks are "standardized". If they divert from the card while conducting the tasks then the results can be invalidated. The card is also evidence and everything has to be captured on camera so an officer can't mark clues on the card that didn't happen because they'll get exposed in court...and that will ruin their career. For those of you who doubt you can perform the tasks as instructed, call your local PD with a marine patrol unit or conservation agency and ask if you can participate in a wet lab. You might learn something. |
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[#15]
Originally Posted By DVCER: “Land based water patrol”, AKA I get paid to be a dick. FWC are goons, they hit me for safety checks twice, in a 30 minute span in Clearwater. All paperwork, open all hatches and coolers. Even checked my flares. View Quote We got searched under the Chesapeake Bay Bridge and the asshole went so far as to pick through our lunch cooler. I guess he thought we were hiding a baby striper in there or something. |
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[#16]
So what was the outcome of the BAC test?
That dancing monkey shit was bullshit. Not having the numbers on the boat is the same as no tag on a vehicle. Instant stop. |
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American by birth. Southern by the grace of God.
Any opinions expressed are my own and do not reflect upon any agency or organization with which I may be employed or affiliated. |
[#17]
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[#18]
Originally Posted By Creatyre: Get the right lawyer and the state will be paying the attorney on a bullshit arrest. View Quote View All Quotes View All Quotes Originally Posted By Creatyre: Originally Posted By BillofRights: That was terrible. 100% Railroaded. Could he have volunteered to do a breathalyzer? I guess the fish cop gets credit for an arrest, regardless of the outcome? Or maybe they know most people can’t afford to fight it? Get the right lawyer and the state will be paying the attorney on a bullshit arrest. That’s a nice thought, but you must be a lot richer than I. Most people just don’t have enough money to defend their constitutional rights. |
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GD- "It's kind of like wading through through slimy lake bed with your feet to find clams below the surface".
- gtfoxy |
[#19]
Originally Posted By churrasco: A good officer won't bother with FSTs unless he's already gathered enough evidence during the contact phase to arrest. There's a slim chance that if you're compliant and do well enough on the tasks that an officer may give you a break and let your buddy drive. Officer discretion is a thing. The reason they read directly from the card is that the tasks are "standardized". If they divert from the card while conducting the tasks then the results can be invalidated. The card is also evidence and everything has to be captured on camera so an officer can't mark clues on the card that didn't happen because they'll get exposed in court...and that will ruin their career. For those of you who doubt you can perform the tasks as instructed, call your local PD with a marine patrol unit or conservation agency and ask if you can participate in a wet lab. You might learn something. View Quote That was about the worst injustice ever posted here, aside from the occasional videos of innocent people who got shot by panicky cops. |
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GD- "It's kind of like wading through through slimy lake bed with your feet to find clams below the surface".
- gtfoxy |
[#20]
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[#21]
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[#22]
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[#23]
Originally Posted By Gspointer: There is no reason to take a field sobriety test View Quote View All Quotes View All Quotes Originally Posted By Gspointer: Originally Posted By Creatyre: I was referring to the polygraph. The SFSTs are generally used to establish PC for the arrest. Breathalyzer for the "conviction" (plea deal for a violation). There is no reason to take a field sobriety test I would agree with you. |
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[#24]
Originally Posted By churrasco: A good officer won't bother with FSTs unless he's already gathered enough evidence during the contact phase to arrest. There's a slim chance that if you're compliant and do well enough on the tasks that an officer may give you a break and let your buddy drive. Officer discretion is a thing. The reason they read directly from the card is that the tasks are "standardized". If they divert from the card while conducting the tasks then the results can be invalidated. The card is also evidence and everything has to be captured on camera so an officer can't mark clues on the card that didn't happen because they'll get exposed in court...and that will ruin their career. For those of you who doubt you can perform the tasks as instructed, call your local PD with a marine patrol unit or conservation agency and ask if you can participate in a wet lab. You might learn something. View Quote I don't care if I can do them correctly or not. I'm not helping you build a case against me. |
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[#25]
Originally Posted By greenranger: I went from a ghetto cop with backup 2 minutes or less away to a game warden with no real dispatcher and no radio contact and no cell phones. You’d be surprised how well you will treat people in that situation. Plus it’s amazing how different people act when they’re out enjoying nature vs at home drunk beating their wives. View Quote So this cop was only a dick because he had backup? Makes sense. |
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[#26]
Originally Posted By churrasco: A good officer won't bother with FSTs unless he's already gathered enough evidence during the contact phase to arrest. There's a slim chance that if you're compliant and do well enough on the tasks that an officer may give you a break and let your buddy drive. Officer discretion is a thing. The reason they read directly from the card is that the tasks are "standardized". If they divert from the card while conducting the tasks then the results can be invalidated. The card is also evidence and everything has to be captured on camera so an officer can't mark clues on the card that didn't happen because they'll get exposed in court...and that will ruin their career. For those of you who doubt you can perform the tasks as instructed, call your local PD with a marine patrol unit or conservation agency and ask if you can participate in a wet lab. You might learn something. View Quote lolz, you probably ask to see tax stamps when someone’s shooting a can or MG at a range. jeezum. |
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[#27]
Originally Posted By swolliepop: lolz, you probably ask to see tax stamps when someone’s shooting a can or MG at a range. jeezum. View Quote View All Quotes View All Quotes Originally Posted By swolliepop: Originally Posted By churrasco: A good officer won't bother with FSTs unless he's already gathered enough evidence during the contact phase to arrest. There's a slim chance that if you're compliant and do well enough on the tasks that an officer may give you a break and let your buddy drive. Officer discretion is a thing. The reason they read directly from the card is that the tasks are "standardized". If they divert from the card while conducting the tasks then the results can be invalidated. The card is also evidence and everything has to be captured on camera so an officer can't mark clues on the card that didn't happen because they'll get exposed in court...and that will ruin their career. For those of you who doubt you can perform the tasks as instructed, call your local PD with a marine patrol unit or conservation agency and ask if you can participate in a wet lab. You might learn something. lolz, you probably ask to see tax stamps when someone’s shooting a can or MG at a range. jeezum. I really don't get how you got that from his post. It looks like Churrasco was indicating that a good officer doesn't just SFST every operator he comes across. Literally the opposite of your allegation. |
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[#28]
Id fail that test sober
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[#29]
Originally Posted By swolliepop: lolz, you probably ask to see tax stamps when someone’s shooting a can or MG at a range. jeezum. View Quote View All Quotes View All Quotes Originally Posted By swolliepop: Originally Posted By churrasco: A good officer won't bother with FSTs unless he's already gathered enough evidence during the contact phase to arrest. There's a slim chance that if you're compliant and do well enough on the tasks that an officer may give you a break and let your buddy drive. Officer discretion is a thing. The reason they read directly from the card is that the tasks are "standardized". If they divert from the card while conducting the tasks then the results can be invalidated. The card is also evidence and everything has to be captured on camera so an officer can't mark clues on the card that didn't happen because they'll get exposed in court...and that will ruin their career. For those of you who doubt you can perform the tasks as instructed, call your local PD with a marine patrol unit or conservation agency and ask if you can participate in a wet lab. You might learn something. lolz, you probably ask to see tax stamps when someone’s shooting a can or MG at a range. jeezum. You don't know what you don't know. |
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[#30]
Originally Posted By 103: I was speaking a bit too generally. Refusal to provide a breath sample post DUI arrest will result in a one-year suspension. That is almost always where I see the "take my blood" refusals. Refusing to participate in SFSEs will very often result in an arrest. MOST of my blow refusals are also SFSE refusals. View Quote View All Quotes View All Quotes Originally Posted By 103: Originally Posted By SmilingBandit: Originally Posted By 103: Originally Posted By dneal33: Originally Posted By 103: Hello fellow Floridian. If you "ask for a blood test," you'll be marked down as a refusal. Just so that you know. Would you have written me up for illegal spaced reg numbers? But I hope your post makes you feel better about yourself. Really? Simply refusing to participate in FSTs results in losing your license for a year? @103 NH is like FL in that they have implied consent laws. But that only applies to refusing blood/breath/urine tests, correct? You can still refuse a SFSE, get arrested, but consent to blood/breath/urine and not lose your license automatically, correct? |
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"If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, give it Narcan." ~ AverageJoe365
“Imagine if the Great Depression and Mad Max had a baby.” ~ KingRat |
[#31]
Oh, this should be fun! Field Sobriety Test while underway on a moving vessel.
Nope, no outside influence anywhere near that zipcode! |
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[#32]
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[#33]
Originally Posted By C-4: @103 NH is like FL in that they have implied consent laws. But that only applies to refusing blood/breath/urine tests, correct? You can still refuse a SFSE, get arrested, but consent to blood/breath/urine and not lose your license automatically, correct? View Quote |
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“We've fallen a long way from John Adams representing British Soldiers.” - Aimless
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[#34]
Originally Posted By SmilingBandit: No, you were speaking completely off of the subject. At what point in the video did the fish cop request a breath sample? View Quote But what the hell do I know? |
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“We've fallen a long way from John Adams representing British Soldiers.” - Aimless
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[#35]
Originally Posted By Creatyre: I really don't get how you got that from his post. It looks like Churrasco was indicating that a good officer doesn't just SFST every operator he comes across. Literally the opposite of your allegation. View Quote ok, perhaps i misunderstood what he was saying. |
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[#36]
Originally Posted By dneal33: Would you have written me up for illegal spaced reg numbers? View Quote View All Quotes View All Quotes Originally Posted By dneal33: Originally Posted By 103: Hello fellow Floridian. If you "ask for a blood test," you'll be marked down as a refusal. Just so that you know. Would you have written me up for illegal spaced reg numbers? You know he would, to protect and serve yo’ ass. |
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"The ARFCOM Survival Forum -- 90% LESS tinfoil than any other survival forum on the net." -- TriggerHappy83
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[Last Edit: C-4]
[#37]
Originally Posted By 103: I really wasn't. A refusal is a refusal. "I want a blood test" will be interpreted by most officers as a refusal. I am representing a gentlemen right now who used those exact words in response to a deputy asking if he would participate in FSEs. But what the hell do I know? View Quote View All Quotes View All Quotes Originally Posted By 103: Originally Posted By SmilingBandit: No, you were speaking completely off of the subject. At what point in the video did the fish cop request a breath sample? But what the hell do I know? @103 Just to clarify: In FL (and presumably NH), you can refuse a FSE without consequences for that itself, but you cannot refuse a breath test or blood test? And you cannot demand a blood test instead of the breath test? So as long as you agree to breath testing, you can refuse the FSE? ETA: The clarification is the difference between refusing to do a FSE/SFST/FST vs demanding a blood test instead of a breath test. |
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"If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, give it Narcan." ~ AverageJoe365
“Imagine if the Great Depression and Mad Max had a baby.” ~ KingRat |
[#38]
Originally Posted By SmilingBandit: So this cop was only a dick because he had backup? Makes sense. View Quote View All Quotes View All Quotes Originally Posted By SmilingBandit: Originally Posted By greenranger: I went from a ghetto cop with backup 2 minutes or less away to a game warden with no real dispatcher and no radio contact and no cell phones. You’d be surprised how well you will treat people in that situation. Plus it’s amazing how different people act when they’re out enjoying nature vs at home drunk beating their wives. So this cop was only a dick because he had backup? Makes sense. Kind of like how people talk shit about cops on the internet and then in the real world kiss the cops ass and “yes sir/no sir” him to death |
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[#39]
He seems offended people were having fun
I hardly drink but I’d fail those tests. |
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You don't learn to fight, your death's going to come real soon.
Then how come he's dead? He wanted it that way. |
[#40]
Reno 911 was not meant to be a training video.
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"Whoever came up with that video needs Jesus?and some stitches for that blown-out rectum. Ick. "
--system |
[Last Edit: WildBoar]
[#41]
Here is an example of the fish cops by me. They are really friggin cool. Never a problem and I have had people obviously shit faced on my boat.
This idiot in the video went above and beyond his way to escalate and get a ticket. This is at Peanut Island and the cops there were always good. When You Punch A Police Boat & Resist Arrest |
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[#42]
Originally Posted By Cobra-Commander: There is a separate set of FST’s developed for boating specifically because of equilibrium etc after being on a boat for any period of time. One leg stands and walk and turn and the ones you are used to seeing on traffic stops are part of the ashore battery of tests that cannot be completed until after a certain time has elapsed once you are ashore. That is why the palm pat, finger count, etc were developed. I got out of the game shortly after the test in the video was developed and the consensus amongst all of the Boarding Officers I worked with were that it was retarded. View Quote The battery of seated exercises are also useful for people with lower body disabilities or injuries and for people that maintain their balance well enough to safely complete the normal FSE battery. |
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[#43]
Originally Posted By C-4: @103 Just to clarify: In FL (and presumably NH), you can refuse a FSE without consequences for that itself, but you cannot refuse a breath test or blood test? And you cannot demand a blood test instead of the breath test? So as long as you agree to breath testing, you can refuse the FSE? ETA: The clarification is the difference between refusing to do a FSE/SFST/FST vs demanding a blood test instead of a breath test. View Quote Refusing to provide breath samples (or urine or blood as the situation demands) in a DUI** will result in varying levels legal penalty or consequence*. You cannot demand a blood test instead of a breath test. Agreeing to breath testing has no legal relationship to FSEs (other than as potential evidence of consciousness of guilt). To be clear on this point--a breath test can only be validly requested if PC exists for a DUI arrest prior to the request. That means most counties do breath tests in the jail as part of intake. FHP still has intoxylizers in some cars, but that still requires PC. The practical result of this is that the person is already under arrest for DUI prior to providing a breath sample. PBTs are only valid for determining underage drinking. I hope this makes sense. I am happy to clarify. *DL penalties are administrative the first time. That means a one year DL suspension eligible for hardship and subject to legal challenge in the form of an administrative review hearing. If a person has a prior refusal from a previous DUI arrest and refuses to blow, they are subject to an 18 month administrative DL suspension and can be charged with a misdemeanor of "prior refusal" along with the DUI. **BUI carries no direct DL-related penalty. But it does count towards stacking of penalties for any possible future DUI and the prior refusal law. |
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“We've fallen a long way from John Adams representing British Soldiers.” - Aimless
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[#44]
Originally Posted By SuperHeavy: If the test is so easy, and the cops are trained on it and done it so often, why does he have to read it off of paper? Playing the Simon says game would basically be the same. Stop with the games, have them blow there for a preliminary voluntarily or at the station. If your sure enough you're correct, get the blood test. View Quote You read the instructions off the card so that you administer then exactly the same way every time and don't miss anything, the same reason I read Miranda from my agency-issued card every time. |
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[#45]
Originally Posted By WildBoar: Here is an example of the fish cops by me. They are really friggin cool. Never a problem and I have had people obviously shit faced on my boat. This idiot in the video went above and beyond his way to escalate and get a ticket. This is at Peanut Island and the cops there were always good. https://www.youtube.com/watch?v=asHvBfuAWFQ View Quote The sand !!! |
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It's a strange, strange world we live in, Master Jack
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[#46]
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[#47]
Originally Posted By Jason280: I'm genuinely curious, how does that work? Would blowing "0" remove any probable cause for bloodwork? View Quote In my state, 0.08 BAC is prima facie evidence of impairment. That said, the only was I was putting you in front of an Intoxylizer was after an arrest. Arrests are made based upon probable cause of impairment. Performance of FSEs are a large part of building that PC, but arrests can be made without FSEs based on objective signs of impairment, presence of alcoholic beverages in the vehicle, or unsolicited admissions. If I arrested someone for DUI based on clear signs of impairment and they blew 0.00, I requested a urine sample to prove drug impairment. Even if they refused to blow or pee in a cup, the arrest stood based on my observations of impairment. I don't know anything about writing warrants for blood in DUI cases. We also didn't use PBT devices, and I was happy about. Used improperly, PBTs are a crutch and will ruin a DUI case. In my non-expert opinion, the Horizontal Gaze Nystagmus test is the best FSE out there. The eyes don't lie, and it can be performed on anyone that can keep their eyes open and track a stimulus with their eyes. |
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[#48]
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[#49]
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Beware of an old man in a profession where men usually die young
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[#50]
Originally Posted By Gilly: In my state, 0.08 BAC is prima facie evidence of impairment. That said, the only was I was putting you in front of an Intoxylizer was after an arrest. Arrests are made based upon probable cause of impairment. Performance of FSEs are a large part of building that PC, but arrests can be made without FSEs based on objective signs of impairment, presence of alcoholic beverages in the vehicle, or unsolicited admissions. If I arrested someone for DUI based on clear signs of impairment and they blew 0.00, I requested a urine sample to prove drug impairment. Even if they refused to blow or pee in a cup, the arrest stood based on my observations of impairment. I don't know anything about writing warrants for blood in DUI cases. We also didn't use PBT devices, and I was happy about. Used improperly, PBTs are a crutch and will ruin a DUI case. In my non-expert opinion, the Horizontal Gaze Nystagmus test is the best FSE out there. The eyes don't lie, and it can be performed on anyone that can keep their eyes open and track a stimulus with their eyes. View Quote What about people with bppv where certain head movements can cause that. |
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