Dont talk to the Police....video worth watching!

[TwoJ's]

Wait, LMAO at you saying, "In fact, only good things could have come for your friend had he taken the test."

He'd still be performing community service, visiting and paying probabtion, paying a 3 year annual surcharge to the state of $1,050 per year etc... OH YEAH!!! Only the good things in life!

Yeah LMAO man!!! You obviously either don't understand the law or don't understand what I said. A field BAC test cannot be used as evidence against you at trial. It is solely used to establish probable cause so they can arrest you and then at the station they gather the evidence against you. If the officer already smelled alcohol, he had his probable cause right there. He didn't need anything else to arrest him. So maybe your friend had a few beers and was still below the legal limit. The officer gave him the opportunity to prove that he was not impaired. That is the good that I was speaking of. Now, what good came from denying it? Absolutely nothing. He still got arrested. And if he was offered and refused the real test at the station, he probably lost his license. In WA it is an automatic 1 year suspension of driver's license. I'm not sure about TX, but some states can give jail time for refusal.

Every single friend of mine can easily enjoy several pints and be able to drive in a more orderly fashion than most sober people can. Take that however you want; it's only to setup my point. A few pints takes you well over the legal limit here in Texas. It takes you over the legal limit! It does not cause you to commit traffic violations, damage property and/or bodily injury. So where is the crime if not only passing a limit set to almost a bier and a fraction of another? That is a bullshit law IMO. People are going to get fkng hammered and drive all day long everyday. The current law as well as many other laws just end up making alot of people's lives miserable. Most of us are to used to being governed to question alot of the shit that takes place such as certain laws.

I agree with you somewhat here. I believe that it is perfectly okay for some people to have a few beers in a period of time and drive. The reason the law is like that is because of way too much ambiguity with BAC tests. I don't doubt that your friends can drive after a few beers because they probably have higher tolerance than other people. So their BAC doesn't reflect the level that they are impaired. For some people, a few beers does indeed put them beyond being able to drive responsibly. So if you have a few beers and get pulled over you may or may not want to take the opportunity to prove that you are not impaired. I was pulled over once after having a couple beers with dinner. The officer smelled it on me and asked if I would perform a field sobriety test. I did, passed with flying colors and he gave me a ticket for not stopping for long enough at a stop sign and went on his way. Had I not cooperated with him, he would have arrested me.

Also, you can be charged with DUI even if you are blow below the legal limit. It is the officer's discretion whether or not you are impaired. I rememebr a few years ago a baseball player in Seattle named Richie Sexson was charged with DUI after blowing a .06.

EDIT: if your attorney told you it's never a good idea to refuse a BAC then I would simply suggest, run away from him and never look back! By shear common sense, where does guilty beyond a reasonable doubt come in without you speaking, taking a field sobriety test and a BAC? Seriously? Now you tell me, how is it not a good idea to refuse a BAC?

Guilty beyond a reasonable doubt is not up to the officer. That would be up to the jury if you were to go to trial. Like I've said a few times already, field tests are solely used to establish probable cause to arrest a person. If the officer could smell beer on the breath of a person, they could establish probable cause.

I don't deny that in many cases, the field tests should be refused. There is just too many variables and too much ambiguity to say, "No one should ever take a field test". Probably in most cases, however if your friend wasn't impaired like you say, why didn't he walk the line and prove it?

[Vedubin01]

hear ya guys go read this for some funny shit!

Oh yes, all po-lice are out to get ya!

http://theoneblog.brendanloy.com/2008/07/tenessee-man-arrested-for-unlawful.html

[Maluco]

hear ya guys go read this for some funny shit!









http://theoneblog.brendanloy.com/200...-unlawful.html

You'll still get people that will miss the huge point in this... Damn blind programmed sheep!

"Indeed. (I've pointed out before that charges like "disorderly conduct" and "disturbing the peace" are often used as catch-alls to punish legal, and in many cases constitutionally protected, activities."

Been a victim of that. Surprisingly enough, cop didn't show up to court. I was even going to represent myself on that one. Would have been classic! Had witnesses and all. waffleswaffleswaffleswaffles. As much as cops not showing up to court can be a blessing, those that don't should have to be held accountable on some level. I imagine this in itself would cut down on the BS arrests/tickets.

I had actually considered seeking legal council against the officer but nah... I'd much rather stay away from courts all together.

EDIT: It's just like that lady that got arrested at the airport checkpoint the other day. Who knows, maybe she was being difficult but does that warrant throwing the lady into another lady and then onto the ground and arresting her? Seriously! GTFOH!

[equate975]

Just finished it.

I think traffic tickets are a different story though (since some of you brought them up) I "talk" because the cop does have some discretion to reduce the ticket, or even give it to you at all. You "can" talk your way out of a ticket, but getting arrested is different. Pushing 120 through a school zone your going to jail either way, so its best not to talk. But trying to reduce a 55 in a 45 is manageable.

On the other hand, if you plan on going to court for said ticket (which I always try to avoid) I wouldn't say shit.

[delatlanta1281]

In Canada you're considered detained when you feel that your freedom has been revoked. So if a police officer is talking to you, and they won't let you leave then you're considered detained.

Being detained and being arrested are two different things. At least in the US they are. If you are "detained" you are being held until you are deemed innocent on the spot, or evidence points to a criminal act which then leads to an arrest, concluding in a trial where a prosocuter is given the chance to prove you guilty utilizing the evidence collected by law enforcement officials.
In a Wal-Mart, the situation above has to be really messed up for someone to sue and recover damadges. Big box stores have been doing this for a while. As a patron you almost wave your rights when you enter a store, ever read the disclaimers hanging from the ceiling in a Wal-Mart or a Target?
Some kid isn't going to win any kind of lawsuit if he or she was stopped at an exit to one of these stores b/c the sensormatic alarm went off. It's just plain impossible. Unless they were beat down by LPS, which isn't going to happen in this day and age.

[joshh]

My friend is the reason cops are assholes? haha... Needless to say, people are assholes because they have no self control; because they choose to be assholes. Minds are too simple... I've known some officers that should really be assholes based on the people and shit they deal with but guess what! They're the ones with the best sense of humor.

He was guilty? Really? By your terms? Thank God for the due process clause of the FIF.

Your friend failed the sobriety test no? Wouldn't that indicate he is at least somewhat intoxicated? Reducing his ability to drive...

[george graves]

OK - I've see the above video - he is more talking about what to do when a invesigator shows up at your work and "has a few questions" - not traffic stops.

Here are two "re-enactments" of a police stop - the right way and the wrong way - it's a must watch.

The WRONG Way to Handle a Police Stop:

http://www.youtube.com/watch?v=KaCe6nQU

The RIGHT Way to Handle a Police Stop

http://www.youtube.com/watch?v=eDJrQBwJpqk

If youtube says they are not available, just hit refresh a few times till it come up.

[Maluco]

Your friend failed the sobriety test no? Wouldn't that indicate he is at least somewhat intoxicated? Reducing his ability to drive...

No, he declined to take any tests or answer any questions once he was asked to get out of the car. I'm sure he was fine to drive.

Whether he was ok to stand on the side of the road at night worried about what's going to happen while having a flashlight shined in your face while trying to follow the tip of a pen surrounded by officers dictating how and where to stand and walk while counting some fkd up sequence is another thing.

In his case, he made the right decision IMO. Jail + attorney + case thrown out > Jail + attorney + plus video of you possibly taking one step wrong while miscounting or saying something that could be used against you etc + 2 years of probation, community service, probations charges, state license surcharges...

[bslacker]

great vid, thx for the info