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The breath test only checks for alcohol.
We all assuming they weren’t under the influence of other drugs? |
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Quoted: A car can smell like alcohol and the person not be drunk. Don’t be so quick to feel for all the poor souls in the article. I know acab and apples or whatever nonsense you’re programmed to say but DUID is a thing. So are people who smell like alcohol and an arrest will take so long they’re under the legal limit by the time they hit booking and finish a test. A DUI can last hours. Especially if it’s an accident (and many are) and the suspect needs to go to the hospital first. Or it’s too much to write a warrant. A DUI investigation can be manpower intensive for a simple misdemeanor. And an arrest simply solves the problem without prosecution. It’s not ideal but staffing is what it is these days. Lawyers have made DUIs some of the most complicated trials. An aggravated assault or robbery is an easier case. I’m sure these simple reasonable explanations will now be completely dismissed. Carry on. View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: They’re called drugs. Body camera video shows the officer told Fepuleai, “I do detect the odor of alcohol.” Fepuleai told the officer that he does not drink at all, and agreed to do the field sobriety tests, including the breath test. Fepuleai blew 0.00 at the scene. The officer used the smell of alcohol as probable cause to get Fepuleai out of the car. They are called liars. A car can smell like alcohol and the person not be drunk. Don’t be so quick to feel for all the poor souls in the article. I know acab and apples or whatever nonsense you’re programmed to say but DUID is a thing. So are people who smell like alcohol and an arrest will take so long they’re under the legal limit by the time they hit booking and finish a test. A DUI can last hours. Especially if it’s an accident (and many are) and the suspect needs to go to the hospital first. Or it’s too much to write a warrant. A DUI investigation can be manpower intensive for a simple misdemeanor. And an arrest simply solves the problem without prosecution. It’s not ideal but staffing is what it is these days. Lawyers have made DUIs some of the most complicated trials. An aggravated assault or robbery is an easier case. I’m sure these simple reasonable explanations will now be completely dismissed. Carry on. Only the cops here say acab. |
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What part confused you? |
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Quoted: So if a person is driving like shit, showing other indicators and refuses tests what are the cops supposed to do? Also- zeros doesn’t mean sober. View Quote One of the examples in the story was a dui checkpoint where the cop said he smelled alcohol. So no driving indicators, turns out no alcohol (blew a 0.0), so just like all the cops in this thread defending it says oh it must be drugs. Any chance the FSTs and cops observations weren’t as objective as they would like you to believe? |
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Quoted: I've made plenty of .000 g/210l arrests. I plan on making a hell of alot more if cannabis is legalized for recreation this year. View Quote Do they do blood draws for those arrests? We had a member here arrested for driving while under the influence of drugs based on a bad turn and the officers observations, I forget if he did FSTs. Anyway they didn’t do a blood test just breath and it took a while and a lot of money to get it dropped. I think he paid for a private blood test bc the state didn’t do it. If people are being arrested for drugs they should be offered a blood draw. At least it would help with the criminal cases although in the case of the drug whisperer they let the cop go on a while making bullshit arrests believing him over the blood draws. |
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Quoted: Intoxication can be proven through the presence of marijuana or other intoxicants in an individual's system at the time of arrest along with observations and SFSTs. Blood test is needed unless some fancy method of proving has come out I'm not aware of. Blood doesn't lie. View Quote View All Quotes View All Quotes Quoted: Quoted: Do you need any objective evidence to prove it or just an officer's opinion? Intoxication can be proven through the presence of marijuana or other intoxicants in an individual's system at the time of arrest along with observations and SFSTs. Blood test is needed unless some fancy method of proving has come out I'm not aware of. Blood doesn't lie. So just to clarify, charges only get pursued if there are is a chemical test that shows intoxicating substances? |
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View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: So if a person is driving like shit, showing other indicators and refuses tests what are the cops supposed to do? Also- zeros doesn’t mean sober. Hawaii has horrible laws on freedom but this is spot on. You can be intoxicated without a single drop of alcohol. https://www.ar15.com/media/mediaFiles/277223/intoxicated-3196636.png You're going to get some mileage out of this one. |
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Quoted: And apparently, no proof necessary. How very cold war era Eastern European of you. Mother Russia approves. View Quote View All Quotes View All Quotes Quoted: Quoted: Hawaii has horrible laws on freedom but this is spot on. You can be intoxicated without a single drop of alcohol. And apparently, no proof necessary. How very cold war era Eastern European of you. Mother Russia approves. You missed a recent thread where a prosceutor said that if you have some eye problems you should keep a note from your doctor in your glove box to prove your innocence to roadside "experts". |
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Quoted: You missed a recent thread where a prosceutor said that if you have some eye problems you should keep a note from your doctor in your glove box to prove your innocence to roadside "experts". View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: Hawaii has horrible laws on freedom but this is spot on. You can be intoxicated without a single drop of alcohol. And apparently, no proof necessary. How very cold war era Eastern European of you. Mother Russia approves. You missed a recent thread where a prosceutor said that if you have some eye problems you should keep a note from your doctor in your glove box to prove your innocence to roadside "experts". I have a client who got a DUI (arrest) while driving a city bus based on valid meds, by a roadside cop scientist - did a video on it. The two biggest problems in law enforcement for regular people like us IMO is this DUI voodoo bullshit, and also the interdiction bullshit they spoon feed these Einsteins. The funny thing is that in rural areas like where I live, you generally only see DUIs when someone is actually really drunk. Because they crash on these roads. No need to make shit up. |
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Quoted: No the prosecutor there is likely a soros puppet, is protecting their trial rates or empathizes with criminals. Maybe all three. View Quote |
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This was back in 2007.
https://www.tampabay.com/archive/2007/06/15/dui-deputy-may-have-wrongly-jailed-dozens/ |
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Quoted: I have a client who got a DUI (arrest) while driving a city bus based on valid meds, by a roadside cop scientist - did a video on it. The two biggest problems in law enforcement for regular people like us IMO is this DUI voodoo bullshit, and also the interdiction bullshit they spoon feed these Einsteins. The funny thing is that in rural areas like where I live, you generally only see DUIs when someone is actually really drunk. Because they crash on these roads. No need to make shit up. View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: Quoted: Hawaii has horrible laws on freedom but this is spot on. You can be intoxicated without a single drop of alcohol. And apparently, no proof necessary. How very cold war era Eastern European of you. Mother Russia approves. You missed a recent thread where a prosceutor said that if you have some eye problems you should keep a note from your doctor in your glove box to prove your innocence to roadside "experts". I have a client who got a DUI (arrest) while driving a city bus based on valid meds, by a roadside cop scientist - did a video on it. The two biggest problems in law enforcement for regular people like us IMO is this DUI voodoo bullshit, and also the interdiction bullshit they spoon feed these Einsteins. The funny thing is that in rural areas like where I live, you generally only see DUIs when someone is actually really drunk. Because they crash on these roads. No need to make shit up. That video sure was informative. |
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Quoted: And yet, the whole basis of the article is that people still get arrested. I'm also saddened but slightly amused that Burge thinks THAT is the biggest downside to this behavior by law enforcement. No, the biggest downside is that the public continues to lose more and more respect for these organizations and more and more considers them to be the bad guys rather than the good guys. And that's coming from someone who is very strongly in favor of more strict penalties for drinking and driving. We NEED law enforcement to be respected and functional in this country, permitting this kind of thing leads to the opposite, which is bad for everyone. View Quote Folks keep saying some derivative that we need law enforcement to be respected and functional. I have yet to come across an officer that believes respect is a factor at all. It’s certainly not considered that respect is required to be functional. When those in authority discuss respect, what they are referring to is their desire for your COMPLIANCE. The two are not the same. |
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Quoted: Intoxication can be proven through the presence of marijuana or other intoxicants in an individual's system at the time of arrest along with observations and SFSTs. Blood test is needed unless some fancy method of proving has come out I'm not aware of. Blood doesn't lie. View Quote |
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Quoted: So just to clarify, charges only get pursued if there are is a chemical test that shows intoxicating substances? View Quote You do the math. But not that fuzzy Po-Po math.. To trust LEO these days, without proof being shown that is waaaaaaaaaaaaaay beyond a reasonable doubt, is folly. |
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Quoted: You would lose your shit if you saw the number of charges (misdemeanor and felony) that the DA's office simply dismisses whether it is a solid case or not.. Here are a few examples: stolen car with keys in the ignition, 2 ounces of Cocaine in the floor board of the car driven by the owner but owner doesnt admit to knowing it is Cocaine, guy gets into an argument with a girl (inside of her apartment) and literally carries her to the door and throws her out of her own apartment (he didnt live there or claim to live there), etc etc. View Quote My buddy told me about a teen he arrested after finding a large jar full of marijuana in his backpack, during a traffic stop. The backpack had the teens name on it, his school ID was in it, and was full of schoolwork with his name on it. The DA dismissed the charges because they couldn't prove the jar of weed in the backpack actually belonged to the teen. |
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Quoted: My buddy told me about a teen he arrested after finding a large jar full of marijuana in his backpack, during a traffic stop. The backpack had the teens name on it, his school ID was in it, and was full of schoolwork with his name on it. The DA dismissed the charges because they couldn't prove the jar of weed in the backpack actually belonged to the teen. View Quote |
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Quoted: 30% of women drivers are medicated 24/7. What percentage drive stoned? View Quote That’s really scary. That means that 70% of women are out in the world unmedicated! ?? |
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Quoted: My buddy told me about a teen he arrested after finding a large jar full of marijuana in his backpack, during a traffic stop. The backpack had the teens name on it, his school ID was in it, and was full of schoolwork with his name on it. The DA dismissed the charges because they couldn't prove the jar of weed in the backpack actually belonged to the teen. View Quote View All Quotes View All Quotes Quoted: Quoted: You would lose your shit if you saw the number of charges (misdemeanor and felony) that the DA's office simply dismisses whether it is a solid case or not.. Here are a few examples: stolen car with keys in the ignition, 2 ounces of Cocaine in the floor board of the car driven by the owner but owner doesnt admit to knowing it is Cocaine, guy gets into an argument with a girl (inside of her apartment) and literally carries her to the door and throws her out of her own apartment (he didnt live there or claim to live there), etc etc. My buddy told me about a teen he arrested after finding a large jar full of marijuana in his backpack, during a traffic stop. The backpack had the teens name on it, his school ID was in it, and was full of schoolwork with his name on it. The DA dismissed the charges because they couldn't prove the jar of weed in the backpack actually belonged to the teen. Probably because your buddy violated the 4th Amendment, rather than for the reason he gave you. It's pretty common that cops don't understand they can't necessarily just search a passenger's backpack during a traffic stop using the same RS or PC applicable to the car's driver. |
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Quoted: The prosecutor should have to serve all that time combined and pay all those fines and court costs seized from his personal assets. That's how you stop law abuse. View Quote Some kind of personal consequences, yes. Systems without negative feedback always wind up with cultures of rampant corruption. |
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Quoted: Hawaii has horrible laws on freedom but this is spot on. You can be intoxicated without a single drop of alcohol. View Quote You can, but you'll excuse me if I don't take the policeman word for it. Because I don't. If the only evidence is "officer observed" then I'm acquitting on the basis of reasonable doubt. |
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Quoted: The hits just keep rolling in. Oh sure, it's only a few bad apples here and there, certainly it couldn't just be the WHOLE FUCKING INDUSTRY is corrupt! View Quote QFT It's only going to get worse...... Covid showed me everything I needed to know about who they actually worked for, And it not got the people. It's for the benefits.... |
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Quoted: Probably because your buddy violated the 4th Amendment, rather than for the reason he gave you. It's pretty common that cops don't understand they can't necessarily just search a passenger's backpack during a traffic stop using the same RS or PC applicable to the car's driver. View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: You would lose your shit if you saw the number of charges (misdemeanor and felony) that the DA's office simply dismisses whether it is a solid case or not.. Here are a few examples: stolen car with keys in the ignition, 2 ounces of Cocaine in the floor board of the car driven by the owner but owner doesnt admit to knowing it is Cocaine, guy gets into an argument with a girl (inside of her apartment) and literally carries her to the door and throws her out of her own apartment (he didnt live there or claim to live there), etc etc. My buddy told me about a teen he arrested after finding a large jar full of marijuana in his backpack, during a traffic stop. The backpack had the teens name on it, his school ID was in it, and was full of schoolwork with his name on it. The DA dismissed the charges because they couldn't prove the jar of weed in the backpack actually belonged to the teen. Probably because your buddy violated the 4th Amendment, rather than for the reason he gave you. It's pretty common that cops don't understand they can't necessarily just search a passenger's backpack during a traffic stop using the same RS or PC applicable to the car's driver. Not for nothing but the weed the kids are smoking these days has an extremely powerful smell. No bull shit I’ve been able to smell it 50 feet away and tell you what car it’s coming from. I could always tell when my neighbors son got home and he smoked in the house. I apparently can’t smell the “Dab pens” but I don’t see how it can be any question if someone has weed on them or not. |
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Quoted: Do they do blood draws for those arrests? We had a member here arrested for driving while under the influence of drugs based on a bad turn and the officers observations, I forget if he did FSTs. Anyway they didn’t do a blood test just breath and it took a while and a lot of money to get it dropped. I think he paid for a private blood test bc the state didn’t do it. If people are being arrested for drugs they should be offered a blood draw. At least it would help with the criminal cases although in the case of the drug whisperer they let the cop go on a while making bullshit arrests believing him over the blood draws. View Quote View All Quotes View All Quotes Quoted: Quoted: I've made plenty of .000 g/210l arrests. I plan on making a hell of alot more if cannabis is legalized for recreation this year. Do they do blood draws for those arrests? We had a member here arrested for driving while under the influence of drugs based on a bad turn and the officers observations, I forget if he did FSTs. Anyway they didn’t do a blood test just breath and it took a while and a lot of money to get it dropped. I think he paid for a private blood test bc the state didn’t do it. If people are being arrested for drugs they should be offered a blood draw. At least it would help with the criminal cases although in the case of the drug whisperer they let the cop go on a while making bullshit arrests believing him over the blood draws. That was me. (And the post you quoted was probably the cop that arrested me ha ha) I actually did the Field Tests however being old and out of shape at the time after a long drive I performed marginally but only provided 2 of the necessary 4 minimum clues needed for PC arrest. Mormon rookie cop however didn't like the fact I was a long-haired Seattle musician despite my being very amiable and pleasant. I later learned that between 20-30 percent of sober people like me will give clues and even more than the minimum necessary clues due to nervousness, weakness, lack of coordination or other unknown reasons. In one campus research study up to 1/3 of sober college students 'failed' a standard field test. In my case I was denied a blood test after blowing zeros because the officer had worked a double shift and was tired. I did obtain a Urinalysis the next day on my own and 12 days later obtained a Hair Follicle Test (both negative) as it takes up to 12 days for ingested substances to enter the follicle. This test is basically infallible and in my opinion the main reason the malicious prosecutor added a Reckless Driving charge to my case as a hedge despite the officer mentioning 3 times on audio/video that my traffic maneuver was not reckless. As upset as I was with Seattle Police for doing this to me most of the blame lies with the prosecutor who charged me with DUI despite no prima fascia evidence (AOB, bottles, slurred speech, stumbling, paraphernalia, traffic maneuver, etc) then maliciously added the Reckless charge for a 5 MPH controlled U-turn at 2 PM with no vehicles or people present. This was unconscionable especially given I have no traffic or criminal history and was likely the most cooperative subject they had ever dealt with and had been on a ride-a-long out of the same precinct just 6 months prior with a different officer who had a good head on his shoulders. I would gladly trade places with any of those 80 percent in Hawaii who were not charged due to lack of evidence. I could sure use that $8000 in legal fees I paid to get these charges dismissed with prejudice. At least the DA did the right thing in Hawaii unlike the Seattle DA who filed the wrongful charges against me and many others from what my lawyer told me. Luckily I was able to afford the WA state equivalent of 'The DUI Guy' lawyer on youtube |
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Quoted: Do they do blood draws for those arrests? View Quote View All Quotes View All Quotes Quoted: Quoted: I've made plenty of .000 g/210l arrests. I plan on making a hell of alot more if cannabis is legalized for recreation this year. Do they do blood draws for those arrests? In Misdemeanor DUI in Florida, you can't read implied consent for a blood draw unless three conditions exist: PC for an arrest, Hospitalization and breath is impractical. Pbts are inadmissable and the only instrument that can be used is the Intoxilyzer 8000 which is usually not mobile and only stationary at pokice stations or jail facilities. If those conditions are met, you can still tell the cop to pound sand. No State attorney is going to give any officer/trooper/deputy a search warrant for a forced blood draw in misdemeanor dui. Felony Dui with serious bodily injury or death is a whole other game. Generally forced blood draws are still governed by Missouri v McNeely case law here. Forced blood draws are a rare thing and governed very explicitly by case law. |
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Quoted: That was me. (And the post you quoted was probably the cop that arrested me ha ha) I actually did the Field Tests however being old and out of shape at the time after a long drive I performed marginally but only provided 2 of the necessary 4 minimum clues needed for PC arrest. Mormon rookie cop however didn't like the fact I was a long-haired Seattle musician despite my being very amiable and pleasant. I later learned that between 20-30 percent of sober people like me will give clues and even more than the minimum necessary clues due to nervousness, weakness, lack of coordination or other unknown reasons. In one campus research study up to 1/3 of sober college students 'failed' a standard field test. In my case I was denied a blood test after blowing zeros because the officer had worked a double shift and was tired. I did obtain a Urinalysis the next day on my own and 12 days later obtained a Hair Follicle Test (both negative) as it takes up to 12 days for ingested substances to enter the follicle. This test is basically infallible and in my opinion the main reason the malicious prosecutor added a Reckless Driving charge to my case as a hedge despite the officer mentioning 3 times on audio/video that my traffic maneuver was not reckless. As upset as I was with Seattle Police for doing this to me most of the blame lies with the prosecutor who charged me with DUI despite no prima fascia evidence (AOB, bottles, slurred speech, stumbling, paraphernalia, traffic maneuver, etc) then maliciously added the Reckless charge for a 5 MPH controlled U-turn a 2 PM with no vehicles or people present. This was unconscionable especially given I have no traffic or criminal history and was likely the most cooperative subject they had ever dealt with and had been on a ride-a-long out of the same precinct just 6 months prior with a different officer who had a good head on his shoulders. I would gladly trade places with any of those 80 percent in Hawaii who were not charged due to lack of evidence. I could sure use that $8000 in legal fees I paid to get these charges dismissed with prejudice. At least the DA did the right thing in Hawaii unlike the Seattle DA who filed the wrongful charges against me and many others from what my lawyer told me. Luckily I was able to afford the WA state equivalent of 'The DUI Guy' lawyer on youtube View Quote Currently reside in WA. Seattle & Seattle government sucks. WA & Olympia sucks. The suck level of both rises with increasing acuity as time passes. There, I said it. |
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Quoted: LOL. Just want to quote this so it doesnt go away. Damn, I already feel safer. View Quote View All Quotes View All Quotes Quoted: Quoted: I've made plenty of .000 g/210l arrests. I plan on making a hell of alot more if cannabis is legalized for recreation this year. LOL. Just want to quote this so it doesnt go away. Damn, I already feel safer. You go ahead and do you. I'll go ahead get the dopers off the road who are hammered on methamphetamine or high level THC vapes before they crash their 5000 pound death machine into reasonable folks and families |
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Quoted: Currently reside in WA. Seattle & Seattle government sucks. WA & Olympia sucks. The suck level of both rises with increasing acuity as time passes. There, I said it. View Quote I spent 60 years there and am kicking myself for not leaving earlier than I did. What's happened to Western WA (namely 3 counties) is an absolute disgrace. I choose to remember the sheer physical beauty of the region and regularly peruse youtube videos of 60's and 70's Seattle, etc to bring back wonderful memories. The incident that occurred to me was a decisive factor in my leaving the region. |
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Quoted: You go ahead and do you. I'll go ahead get the dopers off the road who are hammered on methamphetamine or high level THC vapes before they crash their 5000 pound death machine into reasonable folks and families View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: I've made plenty of .000 g/210l arrests. I plan on making a hell of alot more if cannabis is legalized for recreation this year. LOL. Just want to quote this so it doesnt go away. Damn, I already feel safer. You go ahead and do you. I'll go ahead get the dopers off the road who are hammered on methamphetamine or high level THC vapes before they crash their 5000 pound death machine into reasonable folks and families What do you use as objective evidence? |
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Quoted: You go ahead and do you. I'll go ahead get the dopers off the road who are hammered on methamphetamine or high level THC vapes before they crash their 5000 pound death machine into reasonable folks and families View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: I've made plenty of .000 g/210l arrests. I plan on making a hell of alot more if cannabis is legalized for recreation this year. LOL. Just want to quote this so it doesnt go away. Damn, I already feel safer. You go ahead and do you. I'll go ahead get the dopers off the road who are hammered on methamphetamine or high level THC vapes before they crash their 5000 pound death machine into reasonable folks and families Based on objective evidence or your opinion? |
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