Suppoed Drunk Driver has a 0.00

Michael Goff

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Jul 5, 2012
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Gutwrench

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Jan 2, 2011
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.00/.00 and clean blood, it seems the officer needs some training on drug recognition or trained on how to ask for help on a drug influence evaluation. Maybe the driver was being uncooperative and left the officer little choice but to arrest, I don't know. These things do happen from time to time.
 

SoAnyway

macrumors 6502
May 10, 2011
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.00/.00 and clean blood, it seems the officer needs some training on drug recognition or trained on how to ask for help on a drug influence evaluation. Maybe the driver was being uncooperative and left the officer little choice but to arrest, I don't know. These things do happen from time to time.

"Uncooperative" is no reason but simply an excuse for arrest.

I've seen and been in situations where cops have to arrest, write a citation, or question the person detained because it's proof of them doing their job. But because of them of "doing their job", citizens are often victimized by being charged with a crime or paying hefty fines and cases like these clog up the courts.

There was once where I had to pull over on the freeway because my car was having a mechanical issue and not even a minute after, I see a highway patrol car with the lights on pull up behind me. I roll my window down and I explain to the officer why I'm pulled over and the officer goes on to ask if I was drinking. I thought to myself, seriously, my car is having an issue where I may need help and this cop is looking to bust me? Long story short, I drove off without being arrested for my car's mechanical issue, luckily.
 

lostngone

macrumors 65816
Aug 11, 2003
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Clean blood? From alcohol maybe...

There are plenty of drugs out there that will impair/mess you up and not show up on a drug test(depends on the type).

Edit: Also NEVER voluntarily give up any information to the police. The article said he told the police he had a drink. :facepalm:
 

Gutwrench

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Jan 2, 2011
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"Uncooperative" is no reason but simply an excuse for arrest.

I've seen and been in situations where cops have to arrest, write a citation, or question the person detained because it's proof of them doing their job. But because of them of "doing their job", citizens are often victimized by being charged with a crime or paying hefty fines and cases like these clog up the courts.

There was once where I had to pull over on the freeway because my car was having a mechanical issue and not even a minute after, I see a highway patrol car with the lights on pull up behind me. I roll my window down and I explain to the officer why I'm pulled over and the officer goes on to ask if I was drinking. I thought to myself, seriously, my car is having an issue where I may need help and this cop is looking to bust me? Long story short, I drove off without being arrested for my car's mechanical issue, luckily.
If you're stopped and suspected of DUI and do not cooperate by performing FSTs 99 out of 100 times you'll be arrested for DUI based on the officer's obsetvations up to that point.

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Clean blood? From alcohol maybe...

There are plenty of drugs out there that will impair/mess you up and not show up on a drug test(depends on the type).

Edit: Also NEVER voluntarily give up any information to the police. The article said he told the police he had a drink. :facepalm:
Hence my point about DRE training or asking for a DRE officer to be sent to the stop.

In my experience people will nearly always claim they've had nothing to drink or they've had either one beer or a glass of wine with dinner.

By the way, I hope you're not advocating lying because if you've been drinking and have an odor of an alcoholic beverage on your breath then answer you haven't been drinking (lie) but eventually arrested for DUI then your lie will be in the report and go before the jury.

There are plenty of drugs out there that will impair/mess you up and not show up on a drug test(depends on the type).
Mind naming a few?
 
Last edited:

Michael Goff

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Jul 5, 2012
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Clean blood? From alcohol maybe...

There are plenty of drugs out there that will impair/mess you up and not show up on a drug test(depends on the type).

Edit: Also NEVER voluntarily give up any information to the police. The article said he told the police he had a drink. :facepalm:
He said he had a drink earlier that day.
 

Huntn

macrumors demi-god
May 5, 2008
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I assume at the least DUI since the title of the linked article says, "Texas Police Defend DUI Arrest of Black Man Who Passed Sobriety Test."
But if is test came back as sober, then this arrest would be what? Don't they have on the spot tests? If he was disorderly, then it would be disorderly conduct.
 

Gutwrench

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Jan 2, 2011
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But if is test came back as sober, then this arrest would be what? Don't they have on the spot tests?
I can't speak for Texas but in California the roadside breathalyzer is essentially one test of a battery of field sobriety tests. I never even used it. (By the way a conclusion is based on the totality of the FST performance not merely one single test.) Nonetheless, even with the roadside breathalyzer results of .00/.00 the officer could have felt the driver was driving under the influence of a controlled substance which isn't detectable by breathalyzer. A case like this is not common but not unheard of where I was. The DA's office would just not file a complaint. And there's little risk for a civil case as the evidence to arrest is far less than that necessary to convict.
 

Huntn

macrumors demi-god
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I can't speak for Texas but in California the roadside breathalyzer is essentially one test of a battery of field sobriety tests. I never even used it. (By the way a conclusion is based on the totality of the FST performance not merely one single test.) Nonetheless, even with the roadside breathalyzer results of .00/.00 the officer could have felt the driver was driving under the influence of a controlled substance which isn't detectable by breathalyzer. A case like this is not common but not unheard of where I was. The DA's office would just not file a complaint. And there's little risk for a civil case as the evidence to arrest is far less than that necessary to convict.
Thanks for the info. It might be helpful if the article mentioned erratic behavior. This is conjecture for this instance, but when it comes to erratic behavior, he also could have been diabetic.
 

Gutwrench

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Thanks for the info. It might be helpful if the article mentioned erratic behavior. This is conjecture for this instance, but when it comes to erratic behavior, he also could have been diabetic.
I had such a diabetic case. While talking to the driver the dots just didn't line up for DUI. And his breath was more of an acetone rather than an alcoholic beverage. He went to ER via ALS. The only one in my career but I worked patrol not traffic.
 

SoAnyway

macrumors 6502
May 10, 2011
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Gutwrench, it's obvious where your biases are due to working as a police officer.

Look, way too many people fall victim to a cop's "gut feeling" when the evidence says otherwise.
 

Gutwrench

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Jan 2, 2011
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Gutwrench, it's obvious where your biases are due to working as a police officer.

Look, way too many people fall victim to a cop's "gut feeling" when the evidence says otherwise.
I criticize cops and commend them. I will also offer up a perspective based on LE and the law to try to help the general community understand why a action may or may not have been made. I try not to jump to conclusions based on minimal information, but I'm human and still do. I don't think I did on this topic nor showed any sign of bias. You think so? So be it.
 

Huntn

macrumors demi-god
May 5, 2008
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Gutwrench, it's obvious where your biases are due to working as a police officer.

Look, way too many people fall victim to a cop's "gut feeling" when the evidence says otherwise.
We are all products of our experience. However while I can't speak for Gutwrench's motivations, his responses in this thread don't seem to be overly bias to me. For this story, much of the problem for the peanut gallery is not getting the entire story based on this article, at least I am not sure if I got the entire story.

Speaking of "gut feelings" this is why any law such as the Arizona law that allows police officer to stop and demand papers using the vague standard of "looking suspicious", is a setup for future police abuse. As a society, we must nip that in the bud...
 

lostngone

macrumors 65816
Aug 11, 2003
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Mind naming a few?
Like I said it depends on the type of test.

Are you talking about a ten panel urine test or some type of blood test or something different? The ten panel is pretty strange forward what it will and will not test for as far as blood tests go it depends on what you pay for and time.
 

Technarchy

macrumors 604
May 21, 2012
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Speaking of "gut feelings" this is why any law such as the Arizona law that allows police officer to stop and demand papers using the vague standard of "looking suspicious", is a setup for future police abuse. As a society, we must nip that in the bud...
Never going to get nipped.

Police are not there to protect people, they are there to enforce the will of politicians and the state, and are empowered in a way that will typically exempt them from actions that would land you in jail in a heartbeat.
 

Huntn

macrumors demi-god
May 5, 2008
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Never going to get nipped.

Police are not there to protect people, they are there to enforce the will of politicians and the state, and are empowered in a way that will typically exempt them from actions that would land you in jail in a heartbeat.
I disagree, it could and should happen. If it's not nipped we are one step closer to a police state.
 

LIVEFRMNYC

macrumors 604
Oct 27, 2009
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Don't know about charging him with anything, but I surely would not allowed him to continue driving that night. Something did seem off about him.