Hi, I'm Zepsinger. I just had my first Field Sobriety Test.
So I'm pulling into Lansing KS last Saturday night at about 6pm... my band had a gig at a local bar just east of Leavenworth. I look in the rearview mirror and see the cop cherries- crap.
So, I pull over. Cop asks me like 3 times where I'm from and where I'm going- it seemed pretty obvious he was trying to catch me in a non-truth. Tells me he clocked me at 60 in a 50. OK, not the end of the world- I've had more than a few of those in my time. Suddenly, he says 'sir, have you had any alcohol tonight? I smell alcohol on your breath.' I say no, then remember that I had had one 12oz. beer with pizza at 2:30. So I tell him as much. Then- 'sir, you'll need to step out of your car'. And then I get the battery of tests- follow the little blue light with my eyes, heel-to-toe 9 steps out and back, lift one foot with arms at the side while counting (by the way- those tests are fairly hard to do even when stone cold sober IMO). Backup arrives. Here comes the breathalyzer. He informs me that I can refuse to take the test, but doing so carries a charge in itself. I know I have nothing to worry about, so I say sure. He then says to wait in my car for the results. I text the other guitarist to tell him I might be late. Or I might not be able to be there at all. The cop comes back and says 'your BAC is less than .01. KS legal limit is .08. You are obviously well under the limit. But here's your speeding ticket. Have a good evening.' 57 years old and my first field sobriety test. Even though I knew I was going to be OK, it still freaked me out a bit(and sorta ruined my night). I dunno, I've heard from many people that you should never submit to these tests- being a FST virgin, I just didn't know what to do for sure. I knew I wasn't going to test drunk, so I felt pretty safe in taking the test. Maybe that was stupid, I don't know. I'm assuming that some of you CP'ers have experienced this honor as well? What have you done in this situation? Z |
Congrats! You popped your cherry :)
|
Usually I just give CrazyCoffee neg rep.
|
Don't have a choice to refuse the tests in CO apparently. From the police report of the cocksucking asshole drunk driver that hit my son this weekend:
Quote:
|
Sounds like you played it right knowing full well you were good to go. Never been through it myself.
|
Hadn't the officer ever heard of Led Zepplin?
|
Quote:
|
Sounds like you played it cool. So If you refuse, do they haul you downtown? Surely they don't just let you drive off?
Posted via Mobile Device |
Quote:
|
Yeah you also get arrested for refusal
Posted via Mobile Device |
Quote:
|
Quote:
|
If you get pulled over and are not doing anything wrong, just tell the cop that you want to do the breath test right away so that you can get on with your night.
That happened at a checkpoint while I was DD for my wife and her friends. The cop looked at me after I told him that and told me to have a good night. |
In KS if you refuse you lose your lisence for not taking the test and are arrested. Never happened to me, but know someone who did.
|
Quote:
Quote:
|
Quote:
|
Welcome to the club. I had one about a year ago. The test verified what I already knew, that I was well under. Still a waste of 45 min while they ran everyone's IDs for warrants or whatever they were doing.
|
if you are drunk and you know you are ****ed. Don't say shit. Make them come in your car to get you out. Don't even nod. Don't say shit. Gives the Lawyers something to work with if you say nothing. I remember one of my friends was piss drunk and did that lawyers proved that he had a small stroke and couldn't talk. Boom!
|
Quote:
|
I know a lady, nicest lady I've ever met, she once got demoralized by a cop over a breathalyzer that she refused to take. She hadn't even drank that night, she just refused to take it because the cop was being an asshole I guess. Then the cop continued to be an asshole and arrested her. From her description, the cop was way out of line.
Little did he know, she was the principal of the high school and she was friends with the Chief of police. That ended badly for the asshole cop. |
These are the rules I have been given by my friends who have gotten DWI's:
1. The answer to "Have you been drinking" is ALWAYS no. 2. If you think there's a good chance you'll fail, you should refuse the test. Like Demon said, you want to give your lawyer as much leeway as possible. But how about we all just call cabs and not worry about it, k? |
I've been pulled over once and run through that ringer. Cop said I barely passed and sent me home. I said thank you. Truth is that I just did like five shots at the bar. Cheesy shots like carrot cakes. I had just done them though so they were not being expelled out my lungs just yet. If it would have been 15 minutes later I would have been SOL. It probably had no bearing on things but just before he got to me with the breathalizer I sucked a bunch of air in my mouth. Not my lungs! And then when they got the thing to my lips I blew hard and short from my mouth with the fresh air I'd just sucked in. Like I said it probably didn't help. That's what I did though and I went home.o:-)
That said I don't condone drinking and driving so people please don't drink and drive. |
To serve and protect
|
This same thing happened to my wife once because she was speeding 5mph over the speed limit.
Unfortunately for her the cop smelled alcohol when the window was rolled down. Although it was me that had been drinking and she was driving. She's still pissed off about it 5 years later. |
When I was young and stupid I blew through a stop sign on the way home from a bar when there was no one around, got caught. I passed a FST even though I'm pretty sure I was close to the limit. Got a ticket for the stop sign though. Scared the shit out of me.
|
Quote:
I have refused to perform the physical testing simply because I don't feel obligated to jump through hoops for them. Just give me the damn blower and let's get it over with. |
Quote:
|
Quote:
|
Quote:
|
Fight the ticket and make the asshole show up in court to testify against you.
And if I get pulled over, I'm not doing anything until my lawyer is on-site where I've been pulled over or at the station. Not answering questions, not doing any field sobriety dance and not using some untested uncalibrated breathalyzer. |
(All together): Hi, ZepSinger.
This next part isn't necessarily directed to you since you were nowhere near the limit, but... I don't know about the law where you are, but Coloradans cannot be compelled to perform field sobriety tests. If you think you might be near the limit, it's just nonsensical to do stupid, drunk human tricks for the policeman's camera. The cop is not there to make sure you're sober enough to drive. He's there to make sure that he gathers enough evidence to convict you at trial. Politely decline roadside tests. Always. |
Never, ever, EVER tell a cop you've had anything to drink if they pull you over. Instant probable cause. They will immediately pull you out of the car and give you the FST.
|
Well, just an FYI, whenever you do drive through Lansing, Kansas, the police there are very STRICT when it comes to the speed limit. So if the limit is 40, I'd drive 35.
|
When I was young and dumb I got pulled over after my GF at the time nagging mom insisted that I take her daughter home even though she knew we had been drinking. She didn't live far from where I was at so I did it and what do you know I got pulled over about 2 miles after I dropped her. Cop was a total dick I was 18 and was leaving for basic training in a few months I never Admited to drinking and I had only had 2-3 if I remember correctly but being 18 and scared shitless I did all the test passed them all then at the end the cop said well you seem fine but one more thing and told me about the breathalyzer so I said ok cuz in Kansas your ****ed and lose your license if you do plus I figured I'd might blow under anyways I can't remember what I blew on the thing but the dick called the bat-van out to the scene wich is the mobile blood alch tester. I blew a .08 so basically I was fine except I wasn't 21 and I mentioned the cop being a dick because if he would have just took me DT by the time I got there I probably would have passed the test after processing or if I had just refused the test and then took it Down town I would have been fine. I'm not a fan of thinking you should get away with anything just because of your military back ground but Jesus for an 18yr old kid who passed the field test and was leaving for the army in a few months during a conflict the guy sure did everything in his power to ensure that I was ****ed. It wasn't like I didn't have other options I went to a college prep private school and had grades for college
I ended up getting the option to either do the two days in jail and pay the fine or get on diversion and not be cleared for the army. I picked the jail time. Yea that's right I went to jail to join the Army haha what a sucker right? Basically this left a bad taste in my mouth about the po po and what was my luck I ended up in a military police unit the entire 6 years I was in. HA |
I've gone through it at a check point the week after I turned 21. Only had 2 beers so I was fine, but it's still a scary process. Especially when you just turned 21.
|
I did the side of the road circus act as a teenager with 4 squad cars as an audience. Apparently, they had been looking for me for several hours and weren't happy about a dumb shit teenager out smarting them earlier in the night. Those tests are hard enough, but doing them in the middle of a squad car headlight circle on an inclined on ramp makes you sweat like a whore in church.
I answered "How much have you had to drink tonight" with "Absolutely nothing", which was the ****ing truth, and it went down hill from there. They found shit in that 4 door truck cab and tool box I didn't even know I still had and scared the living shit out of the girlfriend I had with me. One of the poor bastards even sorted through what must have been 200 empty pop cans, beer cans, and beer bottles in the back trying to earn me a minor in possession. It took over an hour before I got the "Have a nice morning & drive safe" from the only one of the bunch that was respectful. I don't believe I broke a single law that night and could have saved myself a lot of harassment if I had even had a basic understanding of how to handle the situation. |
the tests are stupid. Around these parts if you get pulled over for anything, you blow into the breathylizer. That's it. If you're under 0.05 you're good to go and If you aren't, you have a problem.
|
Quote:
|
only once...1979. pulled over because a guy riding w/me was drunk, hanging out the window hollering at some girls. did all the tests and failed. cops cuffed me and took me to the station to blow. i'd only been off work for about 20 minutes and hadn't drank anything. they let me go. i was just a kid, so i was more scared than pissed.
the kicker was, while they hauled my ass to the station, the dumbasses let the drunk kid follow, driving my car.:rolleyes: sec |
Quote:
Only here they can get a quick warrant over the radio/computer in the car and force you to have a blood draw. Those are less fun. They'll find your "true" BAC (more reliable than the breath test) and then you'll have that suspension added to the year. Here, it's not worth it do decline unless you think the 1/2 hour to an hour it takes to draw blood will help you... |
I watched an interesting vid on youtube a long time ago where basically there was a group of people filing suit against a police department, claiming the FST (touch your nose, say the alphabet backwards etc) is bullshit since there is no baseline to compare against. And these were all people without DWIs.
then theywent on about the legality of breathalyzers/refusal to blow into them. I didn't necessarily agree with all their points, but they were very intresting to listen to; they made a very compelling case. |
This Saturday night a few of us are going to a small bar to watch a random band. I'm the DD. So I won't have to worry about it on Saturday woo hoo.
(sticking with the 90 Day Sobriety Challenge)) |
Quote:
|
<iframe width="640" height="360" src="https://www.youtube.com/embed/yDzcYerwE4s?feature=player_detailpage" frameborder="0" allowfullscreen></iframe>
|
Quote:
lol |
I just tell them "LOOK ! I JACK OFF PIGS DO YOU REALLY WANT TO MESS WITH ME !"
Usually they run back to ther squad car and drive away as fast as possible. Although this one got a big smile and asked me to the show to watch brokeback mountain with him. |
Quote:
|
I do think, however, .08 is reeruned.
basically 1 beer and you're 'drunk'. whatever. |
Quote:
|
Quote:
|
not to get off topic, but I need to look at the legality of DUI check points.
just from an interesting read/topic perspective. |
Quote:
|
Quote:
|
Quote:
If you're tanked, just hand them a card stating you're exercising your 5th Amendment rights and roll the window back up. If you're convinced you're sober, just ask for the breath test, as others recommended. The tough call is when you're in between. |
Quote:
|
Quote:
|
Quote:
|
Quote:
2) Keep the vents on to blow clean air in. 3) Avoid getting pulled over. Most of the FST's or DRE training the cops get only requires you to speak or perform (or not perform) the most basic of functions. 4) DO NOT take the most direct route home. The shorter the distance you give someone to evaluate your performance the smaller the sample size. Make turns. Often. Stop often. Turn again. If you're drunk and on the highway someone will spot you. It's inevitable. 5)Any time it's even a question a cab call is always less expensive than a fine... |
Quote:
|
Quote:
wonder how many it would take for my fatass to go over. my BIL is a state troooper; maybe I could borrow his breatalyzer and see how long it takes lol |
Quote:
|
Quote:
|
another dead-horse;
installing sanctioned/calibrated machines at bars and or the like. never happen, but I always thought it was interesting. |
Quote:
|
Quote:
I've been begging to get in on that. They'd learn more from me than them anyway... |
on a side note; he mentioned that it's a frequent 'professional courtesy' for officers to let their fellow LEOs go if they're sslightly above .08 etc.
not shitfaced, but enough to wear the average Joe would get the hammer. |
Quote:
A shame, you'd think there'd be some brotherhood but...no. |
Quote:
|
I've driven home some nights and woke up the next morning with only a spotty memory of the ride home, yet go outside to see my car perfectly backed into the parking space. ****ing weird.
I've really scaled back my drinking and driving now that I'm a bit older and have seen more than a few friends get slapped with DUIs, but now I wonder how much I would have blown on some of those nights. |
Quote:
|
Quote:
There is are services up here for $20 they drive you and car home. They have their cards in every bar up here. |
Quote:
|
Quote:
|
Quote:
|
Quote:
Might take a year or 20 to catch on in the cowtowns of MidMo... |
I had to take one once. I didn't use my blinker and he pulled me over. So he had me walk in a straight line. I didn't do anything wrong as far as I could tell, but he had me do the breathalyzer anyway, then he let me go. I think he was just being a dick; it was a small town and he knew who I was. He ended up getting fired a few years later because he was using an ATV that the police had somehow recovered as his own ATV.
We used to call him Barney Fife. |
Quote:
Sheriff:"Barney don't poke the body with a stick." FBI agent:"You have a deputy named Barney?" |
Quote:
|
Don't know if its been said but only refuse the test if you know you are two times the legal limit..16 becomes aggregated in Oklahoma.
|
Way to go dude.
|
All times are GMT -6. The time now is 03:45 AM. |
Powered by vBulletin® Version 3.8.8
Copyright ©2000 - 2024, vBulletin Solutions, Inc.