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tito123


Registered: 01/23/10
Posts: 3,006
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Could you help me clarify what I know about my rights?
#18928238 - 10/03/13 09:32 PM (10 years, 3 months ago) |
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So if I'm driving or just walking down the road and a policeman thinks I'm intoxicated on something and they want me to take a urine test, do they have the right to do that? I definitely wouldn't consent but could they overrule my choice?
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Alan Rockefeller
Mycologist

Registered: 03/10/07
Posts: 48,276
Last seen: 15 minutes, 35 seconds
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Re: Could you help me clarify what I know about my rights? [Re: tito123]
#18929028 - 10/04/13 12:02 AM (10 years, 3 months ago) |
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Force you? No, unless they get a warrant to search your blood. And they usually do not do that.
But they do not need a positive test to convict you. Most publuc intoxication convictions do not involve a positive test.
If you are driving they can suspend your license for refusing a test. And you might be convicted of dui based on an officers testimony.
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Re: Could you help me clarify what I know about my rights? [Re: Alan Rockefeller]
#18930383 - 10/04/13 09:43 AM (10 years, 3 months ago) |
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Never, EVER blow unless you are driving.
It's very hard for anything to stick without a BAC test. Failing the test is what fucks you 99% of the time and sends you to jail. It's a test that you don't have to take, so you're stupid if you do.
That goes for any sobriety tests, or saying anything other than your name and address.
If you can't see the hilarity of it... You can't TALK your way out of a public intoxication ticket. And blowing is just handing yourself over to be fucked.
Standing on a car while pissing on it, on video, yes. You are fucked. Falling in the town fountain, then vomiting on yourself, yes. Fucked again.
Anything less and you'll get off. That's because the courts are plenty busy dealing with dipshits that were stupid enough to blow.
-FF
-------------------- It drinks the alcohol and abstains from the weed or else it gets the hose again. -Chemy The difference between the substances doesn't matter. This is a war on consciousness, on our right to the very essence of what we are. With no control over that, we have no need to speak of freedom or a free society. -fireseed "If we are going to have a war on marijuana, the least we can do is pull the sick and the dying off the battlefield." -Neal Levine (MPP) I find the whole "my drug should be legal but yours should be illegal" mindset disgusting and hypocritical. It's what George Bush and company do when they drink a cocktail and debate the best way to imprison marijuana users. -Diploid
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Alan Rockefeller
Mycologist

Registered: 03/10/07
Posts: 48,276
Last seen: 15 minutes, 35 seconds
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Re: Could you help me clarify what I know about my rights? [Re: fastfred]
#18930434 - 10/04/13 09:53 AM (10 years, 3 months ago) |
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If you get arrested for public intoxication and you are not drunk, it would be a good idea to blow.
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Re: Could you help me clarify what I know about my rights? [Re: Alan Rockefeller]
#18931148 - 10/04/13 01:08 PM (10 years, 3 months ago) |
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Quote:
Alan Rockefeller said: If you get arrested for public intoxication and you are not drunk, it would be a good idea to blow.
It's not worth giving up your rights, and subjecting yourself to another 5-125 minutes of interrogation and harassment from the cops.
From the moment you start interacting with a cop all he's doing is racking up points against you for the arrest report. When he has enough points to make you look like an idiot and fill out a nice report, you're done.
People don't get public intoxication tickets for just being drunk in public. They get them when they can't walk right, can't move along, or cause stupid trouble and make a scene. If you are at this point then you're fucked, it doesn't take a blow test to uphold the ticket.
If you're not at this point then do the standard procedure and identify yourself then stick to "My lawyer has told me to NEVER make ANY statement to the police under ANY circumstances," and "Am I being detained, or am I free to go?"
They have checklists and standard things to look for that they always later exaggerate into making it sound like you were shitfaced in the report.
Standard BS that goes into the report... "Mr. XXX had to steady himself using the door while exiting the vehicle." In reality that means you grabbed the roof or door handle as you stood up from the car, just like every normal human does every time.
The same shit happens on the sidewalk. Pacing while waiting for your ID to come back clean becomes "Staggered around after being asked to stay put while I run your ID."
The best advice is to hand over your ID and sit down on the curb. As soon as the cop comes back ask for your ID back and then ask to leave. If they tell you that you're being detained then shut your damn mouth and wait. Nothing beats simply remaining silent for a couple questions then repeating "Am I STILL being detained, or am I free to go?"
Your right to remain silent is waived whenever you're flapping your jaw, so just don't do it!
The moment you shut your mouth is the end of the interaction. The cop has to decide then and there if he has enough evidence to justify arresting you, otherwise you'll be cut loose.
If right then his answer is "Yes", then there is no amount of further interaction that will change that. If not, then anything further that you do, or submit to, can ONLY hurt you.
If you haven't seen this yet... You owe it to yourself to watch the whole thing...
http://www.youtube.com/watch?feature=player_detailpage&v=6wXkI4t7nuc
-------------------- It drinks the alcohol and abstains from the weed or else it gets the hose again. -Chemy The difference between the substances doesn't matter. This is a war on consciousness, on our right to the very essence of what we are. With no control over that, we have no need to speak of freedom or a free society. -fireseed "If we are going to have a war on marijuana, the least we can do is pull the sick and the dying off the battlefield." -Neal Levine (MPP) I find the whole "my drug should be legal but yours should be illegal" mindset disgusting and hypocritical. It's what George Bush and company do when they drink a cocktail and debate the best way to imprison marijuana users. -Diploid
Edited by fastfred (10/04/13 01:21 PM)
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