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Are You Serious?

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Re: Are You Serious?

Postby eaglesrule » Tue Jul 14, 2009 9:56 am

Well if you refuse, most states from what I understand has "implied consent" where taking the license means you agree to take one or you lose your license.

That said, if you were willing to take the hit, you probably should refuse it and demand a lawyer. I would (but I don't own a car and rely on public transit). They would then need evidence if it went to trial I would think, and you would have likely denied them said evidence without the breathalyzer or blood test (provided you sobered up enough in time).
The opening scene of the movie "Saving Private Ryan" is loosely based on games of dodgeball Brian Dawkins played in second grade.
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Re: Are You Serious?

Postby biju » Tue Jul 14, 2009 1:46 pm

In Washington there is the field sobriety test in which they have you do the sequence of physical tests along with a field breathalyzer test. The test results of the field breathalyzer are inadmissible in court although they give the officer *reason* to take you downtown for a "real" breathalyzer test. Ultimately, the FST is simply the police building evidence for taking you downtown and in Washington you have the right to refuse to take the FST. But by doing so you're basically guarantying they will haul you off, but realistically that's going to happen anyway.

*I* was pulled over about 3 years ago after having a few drinks and the officer asked me to take the FST. I agreed (and in retrospect it was a bad move) to do so and while explaining the methods in which I was to perform the physical acts he provided examples that were *inaccurate* to what he was expecting. When I performed them exactly as he had done he told me I was sketchy on those parts. When I explained that this was *exactly* as he did them he said I was being argumentative and he was taking me downtown.

(As a side note when he asked me to get out of my car he immediately pulled his baton and told me "We can do this the easy way or the hard way." When I asked him why he would say that as I hadn't done anything threatening he explained it was because of the way I looked. I guess it's a minor crime to just be a big guy and a crime he has small man's syndrome.)

At this point I was completely freaked out. I'm wise enough to know that anything can happen at this point and I've never taken a breathalyzer so I really don't know how my body processes alcohol.

Before I took the breathalyzer however they asked me a series of questions, presumably to further the state's case against me. They asked what day it was, roughly what time I was pulled over, etc. I figured this was my chance to "get even" with them. After every question they asked I asked him to re-phrase the question so I could understand what he was asking. I then proceeded to ask two more questions about his question. On every single question for about 30 questions. I think I might have even asked him to re-phrase what he meant by my name when he asked for it.

He caught on to what I was doing pretty quickly but he was the one that explained to me to ask questions if I didn't understand a question completely. I was well within my rights to asked these questions.

Finally he was done asking questions and I took the breathalyzer test. They take it twice here and I hit a .081 and a .079. In cases where you blow different numbers they *always* take the lower number which means I passed the test. The guy was pissed at first, but then was cool and drove me home. The police had impounded my car so I had to go get it the next day but that was a small inconvenience as compared to what could have happened.

On the way to my place he explained that he was 18 for 18 on the year (this was early February) and that he hadn't missed on someone in a long time. He even gave me a few pointers, such as never accepting to take the FST.

:-D
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Re: Are You Serious?

Postby eaglesrule » Tue Jul 14, 2009 3:35 pm

biju wrote:In Washington there is the field sobriety test in which they have you do the sequence of physical tests along with a field breathalyzer test. The test results of the field breathalyzer are inadmissible in court although they give the officer *reason* to take you downtown for a "real" breathalyzer test. Ultimately, the FST is simply the police building evidence for taking you downtown and in Washington you have the right to refuse to take the FST. But by doing so you're basically guarantying they will haul you off, but realistically that's going to happen anyway.

*I* was pulled over about 3 years ago after having a few drinks and the officer asked me to take the FST. I agreed (and in retrospect it was a bad move) to do so and while explaining the methods in which I was to perform the physical acts he provided examples that were *inaccurate* to what he was expecting. When I performed them exactly as he had done he told me I was sketchy on those parts. When I explained that this was *exactly* as he did them he said I was being argumentative and he was taking me downtown.

(As a side note when he asked me to get out of my car he immediately pulled his baton and told me "We can do this the easy way or the hard way." When I asked him why he would say that as I hadn't done anything threatening he explained it was because of the way I looked. I guess it's a minor crime to just be a big guy and a crime he has small man's syndrome.)

At this point I was completely freaked out. I'm wise enough to know that anything can happen at this point and I've never taken a breathalyzer so I really don't know how my body processes alcohol.

Before I took the breathalyzer however they asked me a series of questions, presumably to further the state's case against me. They asked what day it was, roughly what time I was pulled over, etc. I figured this was my chance to "get even" with them. After every question they asked I asked him to re-phrase the question so I could understand what he was asking. I then proceeded to ask two more questions about his question. On every single question for about 30 questions. I think I might have even asked him to re-phrase what he meant by my name when he asked for it.

He caught on to what I was doing pretty quickly but he was the one that explained to me to ask questions if I didn't understand a question completely. I was well within my rights to asked these questions.

Finally he was done asking questions and I took the breathalyzer test. They take it twice here and I hit a .081 and a .079. In cases where you blow different numbers they *always* take the lower number which means I passed the test. The guy was pissed at first, but then was cool and drove me home. The police had impounded my car so I had to go get it the next day but that was a small inconvenience as compared to what could have happened.

On the way to my place he explained that he was 18 for 18 on the year (this was early February) and that he hadn't missed on someone in a long time. He even gave me a few pointers, such as never accepting to take the FST.

:-D


This post was fun AND informative.
The opening scene of the movie "Saving Private Ryan" is loosely based on games of dodgeball Brian Dawkins played in second grade.
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Re: Are You Serious?

Postby aaawall91 » Tue Jul 14, 2009 4:34 pm

People had out stupid "post of the year" awards all the time...but biju that is deserving one of the best posts I've ever seen on here ;-D
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