Home | Community | Message Board

KykeonAnalytics.com
This site includes paid links. Please support our sponsors.


Welcome to the Shroomery Message Board! You are experiencing a small sample of what the site has to offer. Please login or register to post messages and view our exclusive members-only content. You'll gain access to additional forums, file attachments, board customizations, encrypted private messages, and much more!

Shop: Original Sensible Seeds Autoflowering Cannabis Seeds   Unfolding Nature Unfolding Nature: Being in the Implicate Order   Myyco.com Golden Teacher Liquid Culture For Sale   Kraken Kratom Red Vein Kratom

Jump to first unread post Pages: 1
Anonymous #1

Drinking and traffic stop question
    #11499556 - 11/21/09 03:45 PM (14 years, 5 months ago)

Let's say you're driving after consuming a "safe" and "legal" quantity of alcohol over time, e.g. a beer or two in the last 3 hours.

You get unlucky and are pulled over for something random, let's say a broken tail light, and the cop asks, "Have you had anything to drink tonight?" Perhaps he smells alcohol on your breath or he just feels like making people nervous.

How do you respond? I would be inclined to tell the truth and say "Yes, I had a drink a few hours ago." But would this elicit a sobriety test or other action from the officer? What's the best response? Has this happened to any of you?

Extras: Filter Print Post Top
Offline2859558484
Growery is Better
 User Gallery


Registered: 01/10/06
Posts: 8,752
Last seen: 3 years, 8 months
Re: Drinking and traffic stop question [Re: Anonymous #1]
    #11499655 - 11/21/09 03:59 PM (14 years, 5 months ago)

If you tell the truth he is going to give you a field sobriety test. But that wouldnt really matter if you have had 2 beers in 3 hours right?

The best response is to deny everything. The only way drinking 2 beers in 3 hours would get you in trouble is if you have no alcohol tolerance/and or you are a small person.

OR

if you get in a wreck and have ANY alcohol in your system, you can be charged with a "DUI less safe" which means the alcohol in your system contributed to the accident, even if its below the state limit. At least thats how it is here in texas.

OR

you are under 21


--------------------

Edited by 2859558484 (11/21/09 04:07 PM)

Extras: Filter Print Post Top
Anonymous #1

Re: Drinking and traffic stop question [Re: 2859558484]
    #11499768 - 11/21/09 04:18 PM (14 years, 5 months ago)

I guess based on what you're saying it seems like the cop will mess with you either way.

1) You say "Yes, Officer, I had two beers a few hours ago." --> You get a field sobriety test, pass it, and go home. Your date is a little embarrassed.

2) You say, "No, Officer, I have not been drinking." Officer suspects otherwise (smells alcohol, or your date does something stupid) or is in a bad mood anyway --> Field sobriety test & lying to a cop, which could lead to further issues and delays in getting home

AmIrite?

Extras: Filter Print Post Top
Offline2859558484
Growery is Better
 User Gallery


Registered: 01/10/06
Posts: 8,752
Last seen: 3 years, 8 months
Re: Drinking and traffic stop question [Re: Anonymous #1]
    #11499829 - 11/21/09 04:31 PM (14 years, 5 months ago)

chances are you are gonna get a field sobriety test no matter what.

Just dont drink enough to not pass it


--------------------

Extras: Filter Print Post Top
Invisiblefastfred
Old Hand
Male User Gallery

Folding@home Statistics
Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
Re: Drinking and traffic stop question [Re: 2859558484]
    #11502258 - 11/22/09 12:38 AM (14 years, 5 months ago)

Never admit to drinking anything.  If you admit to any amount of drinking that is cause to haul you down to the station for a brethalyzer, if they don't have a portable on hand.

Lying to a cop is not a crime unless they can somehow parlay it into "obstructing justice".

Also remember that the field sobriety tests are not really effective.  Sure they can catch the stumbling drunk but they're not effective for determining .08 BAC.  The tests are just to gather evidence against you which will later be used in court to justify detaining you for a brethalyzer.

I've seen people ace them and get hauled off.  Don't ever think they are real in any way.  IMHO it's best to refuse them.  It forces a quick decision based on limited evidence, which is good when fighting it in court.

Here's a couple pointers though...

The tests are trick tests, they usually use "following instructions" errors in court.  It's not actually about performing the actual motor skills.  Example: When they ask you to count to 30 while standing on one foot and you worry you're counting too fast so you count to 35... Guess what you just failed the test.

People always "fail" the horizontal nystagmous test.  Medically it's not effective as just about anything can cause it, and even when it works it's not well correlated to BAC.  You have a cop shining a light in your eyes so you can't see, asking you to follow his finger, then it's entirely his word against yours.  The car video won't show enough and they use this lie when you pass the other tests just fine.  ALWAYS refuse this test.

They take note of everything.  Just getting you out of the car usually makes their case for detainment.  Most people will grab the roof of the car to help themselves as they're getting out.  This goes in the police report as: "Suspect had to use the vehicle to steady himself as he was exiting the car."

If they have a portable brethalyzer just blow.  You're legally required to and they're going to make you anyway.  Later you can challenge the results.  That gets a lot harder if you also have failed sobriety tests against you. (You always fail the test according to the police)

Some places aren't so bad, in others it's a complete money scam and the cops know damn well they're just legally stealing from people.  In some places they stop you, you fail the field test, then they haul you down to the station to blow.  No matter weather you pass or fail your car has already been towed and you have to pay impound/towing fees when you get out.

In a lot of places they will stake out the bars and follow people until they make a minor traffic violation, then run them through the ringer.  It doesn't matter if you're driving fine or not.

In one town near me cops take a rag and wipe off one tail light of every car parked at the bars.  Then they pull cars over all night long that have one tail light brighter than the other.

With such a low .08 limit now almost everyone is guilty even if they aren't even tipsy.  They don't even pretend anymore about this.  It's not DWI anymore it's DUI.  So remember it's not about drunk driving anymore, it's about this arbitrary low number they've come up with.

DUI is worth a fortune to the cops, the impound lot, the tow truck, local lawyers, etc., etc..  That's entirely what it's about these days.  It no longer has anything to do with bad driving or public safety.  They know the average dude wants to take the edge off after work and will drink a few beers which puts them over the limit, long before there's any impaired motor skills or reaction time.

In one local case cops followed a guy for over an hour, then claimed he had touched the center line.  He argued in court that they were going to pull him over regardless and therefore it was an illegal stop.  The judge agreed that they cops were going to pull him over regardless of how well he drove and that there was nothing he could have done to avoid the stop.  However, the judge ruled it was still a legal stop and upheld the conviction.

It's pretty sick how little the cops care about protecting the public safety and how openly they run this money scam, but that's the current situation.


-FF

Extras: Filter Print Post Top
OfflineAlan RockefellerM
Mycologist
Male User Gallery

Registered: 03/10/07
Posts: 48,392
Last seen: 2 days, 23 hours
Re: Drinking and traffic stop question [Re: Anonymous #1]
    #11505691 - 11/22/09 05:22 PM (14 years, 5 months ago)

Quote:

"Have you had anything to drink tonight?" Perhaps he smells alcohol on your breath or he just feels like making people nervous.




Always say no. 

One reason they ask that here in California is that if you make any moving violation and have had anything at all to drink, they will arrest you for reckless driving, which is basically half of a dui.  People get it all the time for going 11 over and drinking one beer.

Extras: Filter Print Post Top
OfflineSeussA
Error: divide byzero


Folding@home Statistics
Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 3 months, 8 days
Re: Drinking and traffic stop question [Re: Anonymous #1]
    #11508982 - 11/23/09 04:16 AM (14 years, 5 months ago)

> How do you respond? I would be inclined to tell the truth and say "Yes, I had a drink a few hours ago."

Then you just incriminated yourself and gave the officer probable cause to arrest you for driving while intoxicated.  I would respond, "Sir, I mean no disrespect, but because my answers may incriminate me, I must refuse to answer any questions without legal council present.  Am I being detained, or am I free to go?"

> Always say no.

I disagree.  If they test you and show that you have alcohol in your system, then they have shown that you are willing to lie.  Granted, you were not under oath, but it still doesn't look good.  Much better to invoke your right to remain silent and to neither confirm or deny anything.


--------------------
Just another spore in the wind.

Extras: Filter Print Post Top
Anonymous #1

Re: Drinking and traffic stop question [Re: Seuss]
    #11510792 - 11/23/09 12:52 PM (14 years, 5 months ago)

Wow, some interesting answers. So it's just a bad situation whichever way you look at it. I didn't think this would go under the "refuse to consent" category of police confrontations, but it makes sense.

Extras: Filter Print Post Top
Invisiblefastfred
Old Hand
Male User Gallery

Folding@home Statistics
Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
Re: Drinking and traffic stop question [Re: Anonymous #1]
    #11510990 - 11/23/09 01:15 PM (14 years, 5 months ago)

Quote:

I disagree.  If they test you and show that you have alcohol in your system, then they have shown that you are willing to lie.  Granted, you were not under oath, but it still doesn't look good.  Much better to invoke your right to remain silent and to neither confirm or deny anything./quote]

Good points.  However, forgetting about that one or two beers you had earlier in the day is hardly the kind of horrible lying that will make you look bad in court.

There's also the phrasing...  You can say you thought he meant hard alcohol, or "drinks" meant mixed drinks, or drinking at a bar, etc., etc..  Or "I thought he was asking if I was drunk."

The main thing is not giving them cause.  Courts and judges know it's a trick question.  It's similar to asking "Have you ever lied/stolen before."  You're damned either way, so most courts give those answers little weight.


-FF

Extras: Filter Print Post Top
Offlinenightbringer
shaman in training
Male User Gallery


Registered: 02/21/09
Posts: 270
Last seen: 8 years, 11 months
Re: Drinking and traffic stop question [Re: fastfred]
    #11562870 - 12/01/09 01:49 PM (14 years, 5 months ago)

I got pulled over once for "crossing the fog line" (still don't even know what that refers to). The cop asked me if I had been doing any drinking. Stupidly, I sort of told him the truth... that I had a couple beers a few hours prior. Honestly I had no idea what my BAC would be, because in reality it was a little sooner than a "few hours ago."

But he just took a quick look at my license and sent me on my way. No sobriety tests, no nothing. I really lucked out, and realized later a had a few grams of weed on me at the time as well.

One other time I got pulled over for not stopping at a flashing red light. This particular night I was probably hovering around the legal limit, maybe a smidge over. He wrote me my $75 ticket and sent me on my way. Didn't even ask if I'd been drinking. I was freaking out on the inside, but I guess the adrenaline helped me keep my cool.

I really really don't like to take any chances. I mean, I know the threshold beyond which I should not be driving, but the grey area is where it gets difficult to know. I've been really lucky when it comes to the law so now I am extremely careful about how I drive and under the influence of what I drive.


--------------------
OM MANI PADME HUM

Buddha of great compassion, hold me fast in your compassion. From time without beginning, beings have wandered in Samsara, undergoing unendurable suffering. They have no other protector than you. Please bless them that they may achieve the omniscient state of buddhahood.

With the power of evil karma gathered from beginningless time, sentient beings, through the force of anger, are born as hell beings and experience the suffering of heat and cold. May they all be born in your presence.

Extras: Filter Print Post Top
Jump to top Pages: 1

Shop: Original Sensible Seeds Autoflowering Cannabis Seeds   Unfolding Nature Unfolding Nature: Being in the Implicate Order   Myyco.com Golden Teacher Liquid Culture For Sale   Kraken Kratom Red Vein Kratom


Similar ThreadsPosterViewsRepliesLast post
* shrooms and the law? law question dodder 4,226 14 09/10/22 01:19 PM
by Enlil
* Questions about trading drugs. Tantalus 1,868 12 10/14/03 09:48 AM
by StrongBad
* Psilocybe Fanaticus question velosity 1,721 6 09/09/03 01:03 PM
by Cow Shit Collector
* paranoid question... Anonymous 679 3 10/03/03 03:38 PM
by Seuss
* The importance of good driving skills Adden 1,838 12 10/26/03 01:28 AM
by zeta
* Clearing up PROXY Questions The_Mad_Hatter 6,149 5 08/04/05 10:43 PM
by Doinkybottoms
* Firewall advice and help reflectedlight 2,229 8 11/01/03 02:51 PM
by FiddleMyDiddle
* How to assert damage control during a DWI stop c1dh3d 619 11 07/30/10 04:12 PM
by Prisoner#1

Extra information
You cannot start new topics / You cannot reply to topics
HTML is disabled / BBCode is enabled
Moderator: Enlil, Alan Rockefeller
267 topic views. 0 members, 0 guests and 1 web crawlers are browsing this forum.
[ Show Images Only | Sort by Score | Print Topic ]
Search this thread:

Copyright 1997-2024 Mind Media. Some rights reserved.

Generated in 0.025 seconds spending 0.007 seconds on 15 queries.