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    Default Re: Bored lawyer, answering your legal questions.

    I have a question in line with Melonie's post. Cops, arrest, etc..

    I was out one night and a cop flagged me to pull into a police DUI check point. When I pull up and the cop comes to my car, I put the window down about 1/4 to 1/3rd of the way down. He asks for DL, insurance and registration. I comply. He also asks me to fully roll the window down (I refused) and asks me where I was coming from and where I was going to. I tell him I do not wish to discuss private matters with him. He gets a little agitated.

    He starts asking more questions, to which I politely inform him I will not be answering any of his questions. He asks me for consent to search my vehicle. I ask why, he says to search for drugs. I ask why he thinks that I have them? No response. He starts threatening to arrest me for non compliance and threatens to get a warrant. OK, bring it to me when you get it, I said. They were pissed by this time that I wasn't a sheeple.

    What did I do wrong? What was I in my rights to do?
    Quote Originally Posted by The Snark View Post
    But then I suppose the sort of people who write this kind of crap generally don't allow their opinions to be tainted by things like "facts" and "reality".
    Distortion becomes somehow pure in its wildness
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  2. #27
    Banned Melonie's Avatar
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    Default Re: Bored lawyer, answering your legal questions.

    ^^^ I'm certainly not an attorney, but I'm sure that one 'gray' area is an officer's authority to force a person to 'comply' with their instructions. Certainly the 'probable cause' statutes are juxtappsed against an officers 'suspicions' where a warrantless drug search is concerned. In regard to an officer's authority to force a person to 'comply' with their questioning in regard to origin and destination of travel, I believe that a fairly high profile example case just took place. It seems that a 'conservative' political organizer was pulled aside by Air Security cops while passing through a security line in a state that just happens to be the origin of the 'conservative militia = terrorists' bull$H!t. The Air Cops find that the guy is carrying a fairly substantial amount of cash ( but less than the $10k that requires a customs declaration). The Air Cops pull this guy aside and start asking all sorts of questions i.e. origin and destination of his travel, origin and purpose for the cash etc. The guy 'plays' the scenario the same way that you did, refusing to divulge answers to Air Cops questions that the passenger deemed to be 'personal'. The Air Cops threaten the same stuff ... arrest for failure to 'comply' - plus a threatened trip to FBI/DHS.

    The guy sticks to his guns and ultimately a knowledgeable federal officer (undercover FBI I think) tells the Air Cops to cease and desist before they wind up facing a false arrest lawsuit. Ultimately, the Air Cops have the authority to ascertain any information contained on an air traveler's ID (name, age, home address etc.) and they also have the authority to ascertain any information contained on an air traveler's plane ticket (i.e. destination), but beyond that basic info they have no authority to inquire about travel origin, details re cash the passenger is carrying ( in an amount less than the $10k customs limit ... and arguably not even then if the destination is inside the USA). The Air Cops also arguably have the authority to search anything they want to (including body cavities) ... but in the absence of proof of an illegal act on the part of the passenger and in the absence of an 'incriminating' statement being made by the passenger, detaining a passenger based solely on 'suspicions' is a lawsuit waiting to happen. This is particularly the case if an arrest must be made in order to forcibly detain a passenger who does not willingly consent to being detained. However, it IS within the authority of the Air Cops to refuse to allow the traveller to pass the security checkpoint and thus board the scheduled flight based on their 'suspicions' alone.
    Last edited by Melonie; 04-25-2009 at 10:15 PM.

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    Default Re: Bored lawyer, answering your legal questions.

    One gets what one pays for; except when one deals with a lawyer.

    Q.What do they call 500 lawyers on the bottom of the sea?
    A. A good start.

    Q. Why won't a shark eat a lawyer?
    A. Professional courtesy.

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    Default Re: Bored lawyer, answering your legal questions.

    Melonie, it was a loaded question. lol

    I did nothing wrong, nor did I break any laws. While I think the check points are an invasion of my privacy, the Supreme Court says otherwise, and I will comply. They have also stated that you do not have to cooperate with a cop, and it is not cause for reasonable suspicion/ probable cause. On the questions and refusing to answer.....If you answered some and refused other, that would be grounds for reasonable suspicion, refusing to answer all does not.

    BTW I was a victim of the DEA's profiling of air travelers way before 9/11 ever happened. http://www.stripperweb.com/forum/sho...ighlight=asset
    Quote Originally Posted by The Snark View Post
    But then I suppose the sort of people who write this kind of crap generally don't allow their opinions to be tainted by things like "facts" and "reality".
    Distortion becomes somehow pure in its wildness
    The note that began all can also destroy

  5. #30
    Senior Member Blackstone's Avatar
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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by glambman View Post
    I have a question in line with Melonie's post. Cops, arrest, etc..

    I was out one night and a cop flagged me to pull into a police DUI check point. When I pull up and the cop comes to my car, I put the window down about 1/4 to 1/3rd of the way down. He asks for DL, insurance and registration. I comply. He also asks me to fully roll the window down (I refused) and asks me where I was coming from and where I was going to. I tell him I do not wish to discuss private matters with him. He gets a little agitated.

    He starts asking more questions, to which I politely inform him I will not be answering any of his questions. He asks me for consent to search my vehicle. I ask why, he says to search for drugs. I ask why he thinks that I have them? No response. He starts threatening to arrest me for non compliance and threatens to get a warrant. OK, bring it to me when you get it, I said. They were pissed by this time that I wasn't a sheeple.

    What did I do wrong? What was I in my rights to do?
    Police officers have the right to make suspicionless DWI and immigration stops, as long as they're not doing racial profiling. When they're doing these stops, they only have the right to detain you so long as it takes to determine that you're not breaking any traffic laws. Most states require that you fork over a driving license/insurance/registration on demand, but that's all you HAVE to give. You don't have to talk to them, and they have to let you go if they don't suspect any criminal activity.

    If a police officer suspects that you are drunk or breaking some other law, it becomes an issue of probable cause. He can detain you long enough to figure out if you're actually drunk, or carrying drugs, or whatever else. In Texas, if you don't allow them to search your car for drugs, they can hold you for like 15-30 minutes to get a drug dog there.

    Probable cause is a wishy-washy issue, and it depends a little where you are. I worked for a federal judge for a while, and every drug trafficking bust we had hinged on probable cause. Basically, if you're in Texas and a police officer has a hunch that you're doing something illegal, you're fucked. Some of the shit officers will come up with is pathetic, like "the person didn't look me in the eyes when (s)he was talking to me, and had a dumb story about where he was going." I've read that in California, it's a lot more strict, but I don't really know much about that.

    Anywho, this is an area where the strict letter of the law and real life diverge. Strictly speaking, there are all sorts of limits about what police officers can and can't do. There really isn't a whole lot of grey area, because there have been so many court decisions out there addressing each set of circumstances. But the reality is that cops are notorious liars, and frequently get a little too high on power. ( http://online.wsj.com/article/SB123319367364627211.html )

    The best advice I can give you is just be as nice as possible to the cops, and vent later. A Texas politician once said as a thunderstorm was rolling in that rape is a little bit like the weather: if it's inevitable, you might as well just sit back and enjoy it. (His name is Clayton Williams, and he didn't get elected.) It's the same deal with the cops; you can't avoid it, so just sit back and keep quiet. They can find probable cause just about anywhere, or if they can't, they will make it up. If you're an ass to them, they're much more likely to fuck around with you.

    All this advice changes if you are actually carrying drugs or are drunk. DO NOT COOPERATE if you're doing something illegal. But, I'm assuming you were alright, so, that's an entirely different story.

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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by Blackstone View Post
    All this advice changes if you are actually carrying drugs or are drunk. DO NOT COOPERATE if you're doing something illegal. But, I'm assuming you were alright, so, that's an entirely different story.
    Yeah, I was alright. I had a friend who called me one day, he wondered why it didn't work for him. Maybe because he was smashed, driving erratically, being a loud mouth. lol

    Again, I am not a lawyer, but I think what you described is more reasonable suspicion. Here, a cop could not get away with 'I had a hunch'. As you described, 'bad stories' from perps is grounds for RS, that's why they advise to just say nothing. If you answer some questions and not others, it gives the sense of hiding something.

    I agree about being nice to the cops. I have been let go so many times. lol I also don't try to justify myself to him, IMO it insults them. Yeah, I was speeding <nothing more>. I also tell the cops why I am not going to cooperate, 'I feel it is an invasion of my privacy', so again, I am not a total ass about it.

    I know cops can lie and get power trips, but that does not describe all or most. Most are decent guys. I've done ride-a-longs and man, seeing the shit they go through everyday has given me a sense of appreciation. Hell, I would have already shot someone lol and I am as patient and hard to anger as they come.

    With that said, I have had dealing with the 'bad cops'. What it came down to was not showing weakness. Doesn't mean you bend over, but also not being an ass (like the cop was).

    On your lat paragraph, I disagree. If you are doing nothing wrong, why allow your rights to go out the window, it is their burden after all, not mine. If you are doing something illegal and are in a position where you may be busted, I would cooperate (prosecution/ judge will look at that and maybe you'll get a lighter penalty).

    My sister worked at a restaurant that was on gated property. After close, they didn't allow cars to be left. Her friend was drunk and I had to go pick the car up. I also had a suspended DL. I was pulled over (this was around 3:00 a.m. or so) The cop came to the window and asked for my stuff. I politely asked 'If you don't mind me asking, why was I pulled over?' before I handed him my stuff. He told me. As I was handing him my stuff, I said 'I am going to be honest with you, my DL is suspended, I am driving because the cop who does security for the restauraunt told my sis the car had to be gone.'The cop came back after 15 minutes (they were very suspenful for me) and started with 'Well, I don't feel like driving downtown...'. I didn't go to jail.

    This reminded me of one 'stop' I had. We were cruising around (half a dozen cars) and pulled into a strip mall where they have an ice cream stand/ store away from the building. It had its own barrier and parking. We parked outside the barrier on the main strip mall parking. Got our cones and a drink, and after eating them we were talking. Still had cold drinks. A cop drives up and gave us a ticket for loitering. WTF My friend tried to talk some sense into him to no avail. My friend was my lawyer. lol Monday morning he made a call and the tickets were dismissed and the cop was given a reprimand.

    Nice chatting with you.
    Quote Originally Posted by The Snark View Post
    But then I suppose the sort of people who write this kind of crap generally don't allow their opinions to be tainted by things like "facts" and "reality".
    Distortion becomes somehow pure in its wildness
    The note that began all can also destroy

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    Default Re: Bored lawyer, answering your legal questions.

    Here's a video from a law professor and a cop that talks about just what we are addressing here.

    XOXO
    Z

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    Featured Member Winged Dinghy's Avatar
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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by Blackstone View Post
    Your best bet would be to sue them both. I'm not sure if that would work; you might spend some money and get everyone pissed off at you. I'm assuming you've written them angry letters protesting the decision. If you haven't, you should.

    Thanks! I'm on it!

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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by glambman View Post

    "Performers are eligible to join Screen Actors Guild after working on a SAG film in a principal role"

    A principal role is any role that has dialogue. Even if it's just "Hello."

    so yeah, lines ARE enough.

    [/threadjack]

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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by Winged Dinghy View Post
    "Performers are eligible to join Screen Actors Guild after working on a SAG film in a principal role"

    A principal role is any role that has dialogue. Even if it's just "Hello."

    so yeah, lines ARE enough.

    [/threadjack]

    I've filmed two documentaries, and even had parts in them (yeah, nepotism lol). When we got 'actors' to recreate 'scenes', we didn't call everyone (even in minor speaking roles) a principal. Maybe because I am on the opposite coast of L.A. and anti-Union, it affected my views, but my #2 was Hollywood experienced and didn't object. Nor did my friend/ lawyer (entertainment)/ producer who is based out of L.A.. I remember that several of the actors had non principal speaking roles.
    Last edited by glambman; 04-26-2009 at 06:47 PM.
    Quote Originally Posted by The Snark View Post
    But then I suppose the sort of people who write this kind of crap generally don't allow their opinions to be tainted by things like "facts" and "reality".
    Distortion becomes somehow pure in its wildness
    The note that began all can also destroy

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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by Blackstone View Post
    sure. Ask away.
    Mr Blackstone,
    Within the next several weeks I will be graduating with a BA in Psychology, however, after many tedious years I do not wish to continue on. So I have been looking to going to Law School.

    So to start some of my questions are

    What are of Law do you specialize in?
    How did you find your "speciality"?

    Did you enjoy Law School ( I have heard many horror stories!)
    Did you work while attending law school? would you even recommend it?
    What was you major during undergrad?

    Do you work for a firm or private practice?
    What does a typical day look like for you?

    Thank you VERY MUCH!!

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    Default Re: Bored lawyer, answering your legal questions.

    I have a question regarding glabman's post...

    A few years ago I seem to remember reading something a "DUI Stop Kit" that consisted of a small pouch that attached to your window. When you were stopped for a DUI, you were supposed to put your driver's license, proof of insurance, and car registration in the pouch, attach it to the outside of your window, and then roll your windows up, and take the keys out of your ignition and place them on the dashboard. The pouch also had a laminated card that basically said "I refuse to speak with you without an attorney present" and might have had some other legal whatnot regarding what the driver would and would not do, but basically said "I am going to sit in my car, not speak with you, and let you do your thing. If you issue me a citation, please place it under my windshield wiper."

    Now, I've driven drunk a few times in my younger and stupider days, but I haven't done so in a dog's life, so this question is academic...but is the above-described "DUI Kit" a viable way to protect yourself if you happen to be driving drunk? Can a cop who stops you do anything if you use that device in the described manner?

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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by Mr Hyde View Post
    I have a question regarding glabman's post...

    A few years ago I seem to remember reading something a "DUI Stop Kit" that consisted of a small pouch that attached to your window. When you were stopped for a DUI, you were supposed to put your driver's license, proof of insurance, and car registration in the pouch, attach it to the outside of your window, and then roll your windows up, and take the keys out of your ignition and place them on the dashboard. The pouch also had a laminated card that basically said "I refuse to speak with you without an attorney present" and might have had some other legal whatnot regarding what the driver would and would not do, but basically said "I am going to sit in my car, not speak with you, and let you do your thing. If you issue me a citation, please place it under my windshield wiper."

    Now, I've driven drunk a few times in my younger and stupider days, but I haven't done so in a dog's life, so this question is academic...but is the above-described "DUI Kit" a viable way to protect yourself if you happen to be driving drunk? Can a cop who stops you do anything if you use that device in the described manner?
    Common sense should tell you that will not work. But if that's not good enough, the U.S. Supreme Court decided in Pennsylvania v Mimms that a police officer can always order a driver out of a car and pat him down if (s)he was stopped for a legal reason. Once you're out of the car, he can say that he smells booze or whatever it is. Anyhow, that idea definitely would not work.

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    Default Re: Bored lawyer, answering your legal questions.

    Thanks...common sense does tell me that it wouldn't work, but one DOES have a legal right to not speak to the police. What exactly can the police demand of you when they pull you over? I assume that when asked, you have to provide your DL, proof of insurance, and registration. They can also ask you to take a breathalyzer.

    But if you just sit there in your car with the windows rolled up....are they justified in breaking the window and hauling you out of your car?

    Not that I want to find out...

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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by Mr Hyde View Post

    But if you just sit there in your car with the windows rolled up....are they justified in breaking the window and hauling you out of your car?
    If you give the cops crap you will get a beat down you will not soon forget.

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    Senior Member Blackstone's Avatar
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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by Earl_the_Pearl View Post
    If you give the cops crap you will get a beat down you will not soon forget.
    This is exactly correct. If you did this in Texas, you would also be charged with resisting arrest when it's all said and done.

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    Senior Member Blackstone's Avatar
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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by Mr Hyde View Post
    Thanks...common sense does tell me that it wouldn't work, but one DOES have a legal right to not speak to the police. What exactly can the police demand of you when they pull you over? I assume that when asked, you have to provide your DL, proof of insurance, and registration. They can also ask you to take a breathalyzer.

    But if you just sit there in your car with the windows rolled up....are they justified in breaking the window and hauling you out of your car?

    Not that I want to find out...
    Police can require you to give a driver's license, insurance, etc. They can ask you to give a breathalyzer, and arrest you if you refuse. They can ask you to get out of the car and frisk you.

    If you don't get out of the car, they can break a window out and arrest you. They can charge you with resisting arrest. They can also probably search your car then, depending on the circumstances.

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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by miss_rosewoods View Post
    Mr Blackstone,
    Within the next several weeks I will be graduating with a BA in Psychology, however, after many tedious years I do not wish to continue on. So I have been looking to going to Law School.

    So to start some of my questions are

    What are of Law do you specialize in?
    How did you find your "speciality"?

    Did you enjoy Law School ( I have heard many horror stories!)
    Did you work while attending law school? would you even recommend it?
    What was you major during undergrad?

    Do you work for a firm or private practice?
    What does a typical day look like for you?

    Thank you VERY MUCH!!
    Generally speaking, there are just a few types of law, with lots of specialization within them. They are tax, bankruptcy, corporate, intellectual property, and litigation. I'm a litigator, which means I try cases. Most of the stuff I do involves businesses when they get sued by customers or employees, but, it's pretty much whatever my boss asks me to do.

    I did economics in undergrad, and went to UTexas for law school. It's an alright place. As for my currrent job: I pretty much fell into this. The most prestigious and competitive thing to do after law school is work for a federal (district or appellate) judge. That's what I did. (I know that strippers probably have a lot of guys bragging about what big dicks they've got and whatnot. I'm trying to avoid doing that, because bragging to an online stripper would be the most pathetic thing I've ever heard of. I'm just giving background here.) Anyhow, working for a judge is like boot camp to become a trial lawyer; after that experience, it really wouldn't make sense to do anything else.

    Most people don't like law school while they're in it. Some people forget what it was like and say they liked it, but that's only when they've been out for 20 years. I actually liked it when I was there. It was hard work, but, I had very few other responsibilities. I really more enjoyed the lifestyle than the classes: I smoked a lot of pot and fucked a lot of chicks. I don't do much of either anymore. About half of the people and most of the classes suck at law school, but once you get used to that, it's not too bad.

    Working for a firm is "private practice." That's what I do. Lots of attorneys work for the government or for large corporations. The most visible attorneys out there are small firms or solo practitioners who do divorces, criminal stuff, and personal injury. They're the ones who give lawyers a bad name because they're highly visible. They're also usually (but not always) the worst lawyers. The money is much times better working for big businesses.

    Lately, business has been slow. I'm looking to ditch the job I'm at and move back to Austin, or at least a more fun city than I'm at. I AT work from about 8:30-5:30, but, I DO work from maybe 10-4. It's all about how busy it is; at some firms they have the attorneys working from 8am-8pm. The money is generally better at those places.

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    Default Re: Bored lawyer, answering your legal questions.

    An experienced ADA told me he believes we have just given cops "too much power."

    You have heard about the 'Blue Line' a brotherhood type of thing where they will back each other up with lies, false evidence,etc, as far as they can, (some even putting themselves in jeopardy) I suppose to show each other confidence that they will watch their backs in dangerous circumstances. It is a unique profession with many hazards and rules; problem is they want us to obey their rules while they often will not obey them.

    Another thing I've noticed. Among all the professions I've seen over the years, policemen have the highest rate of being dishonest and breaking their own laws. This is something I've noticed in this locality and began watching many years ago. I wish I had kept all the news clips as documentation. I've checked this out with friends working for law firms and they acknowledge that there are many criminals and bullies among policemen.

    This is something that politicians dont look at much for investigations because the average citizen doesn't want to think that. They can't afford to emotionally.
    I loved going to strip clubs; I actually made some friends there. Now things are different for the clubs and for me. As a result I am not as happy.

    Customers are not entitled to grope, disrespect, or rob strippers. This is their job, not their hobby, and they all need income. Clubs are not just some erotic show for guys to view while drinking.

    NOTE: anything I post here, outside of a direct quote, is my opinion only, which I am entitled to. Take it for what you estimate it is worth.

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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by Winged Dinghy View Post
    "Performers are eligible to join Screen Actors Guild after working on a SAG film in a principal role"

    A principal role is any role that has dialogue. Even if it's just "Hello."

    so yeah, lines ARE enough.

    [/threadjack]

    WD, I had a friend contract SAG, here is the gist of what they said.....

    There could be many reason why WD was not able to join SAG. She may not have been paid as a union performer, payment may have been deferred, or she may have worked on an Ultra-Low Budget Film. All are reasons whys he would not be able to join.

    If you would like WD, PM me and I will give you a phone number (it's one of SAG's departments) so you can call and determine exactly why you were denied.
    Last edited by glambman; 05-13-2009 at 10:13 PM.
    Quote Originally Posted by The Snark View Post
    But then I suppose the sort of people who write this kind of crap generally don't allow their opinions to be tainted by things like "facts" and "reality".
    Distortion becomes somehow pure in its wildness
    The note that began all can also destroy

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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by Blackstone View Post
    Police can require you to give a driver's license, insurance, etc. They can ask you to give a breathalyzer, and arrest you if you refuse. They can ask you to get out of the car and frisk you.

    If you don't get out of the car, they can break a window out and arrest you. They can charge you with resisting arrest. They can also probably search your car then, depending on the circumstances.

    Yes, asking for a DL, insurance card, registration, etc. are lawful commands from LE, for any reason (if you are driving the car, or they saw you just get out). They can ask for a field sobriety test and field breathalyzer, but you cannot be arrested for refusing. It is the stest downtown that you will lose your license over if you refuse, though. Ask me how I know (hint: I have personally been asked this crap dozens of time, always refused, and they never had any (REAL) reason to arrest me. My standard line for this is "If you think I am drunk and breaking the law, arrest me". Never been arrested. )

    For the most part, as long as you are obeying lawful commands, they will not get you for refusing 'unlawful' commands.
    Last edited by glambman; 05-13-2009 at 10:12 PM.
    Quote Originally Posted by The Snark View Post
    But then I suppose the sort of people who write this kind of crap generally don't allow their opinions to be tainted by things like "facts" and "reality".
    Distortion becomes somehow pure in its wildness
    The note that began all can also destroy

  22. #47
    Senior Member Axiom's Avatar
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    Default Re: Bored lawyer, answering your legal questions.

    So if you have been drinking and are pulled over and asked to take a breathalyzer test, are you better off refusing and being arrested than blowing and officially being deemed "legally drunk"?

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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by Axiom View Post
    So if you have been drinking and are pulled over and asked to take a breathalyzer test, are you better off refusing and being arrested than blowing and officially being deemed "legally drunk"?

    Don't drink and drive. I have never been pulled over while drinking, and have only driven twice when I should not have. As I've said before, I like to maintain control over myself, and as such, I limit my drinking (if I drink at all, or have a DD).

    All field tests are merely for getting evidence against you, nothing more. You do not have to comply. Hell, I can't say the alphabet backwards when I am sober. It is the main test downtown that you agree to when you get your DL. Refusing it will be automatic grounds for a suspended DL.

    If they think I am drunk when I am stopped, then I will ask them to arrest me and when we get downtown, I will comply with the lawful order of giving the required test.

    I have a slight speech impediment that at 3:00 A.M. could be viewed as coming off even slightly intoxicated. I have never been arrested (3-4 dozen checkpoints and other normal pull overs).

    With that said, in the time it takes to get you to jail and processed, what you blow may be lower than when you were pulled over.
    Quote Originally Posted by The Snark View Post
    But then I suppose the sort of people who write this kind of crap generally don't allow their opinions to be tainted by things like "facts" and "reality".
    Distortion becomes somehow pure in its wildness
    The note that began all can also destroy

  24. #49
    Senior Member Axiom's Avatar
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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by glambman View Post
    Don't drink and drive. I have never been pulled over while drinking, and have only driven twice when I should not have. As I've said before, I like to maintain control over myself, and as such, I limit my drinking (if I drink at all, or have a DD).

    All field tests are merely for getting evidence against you, nothing more. You do not have to comply. Hell, I can't say the alphabet backwards when I am sober. It is the main test downtown that you agree to when you get your DL. Refusing it will be automatic grounds for a suspended DL.

    If they think I am drunk when I am stopped, then I will ask them to arrest me and when we get downtown, I will comply with the lawful order of giving the required test.

    I have a slight speech impediment that at 3:00 A.M. could be viewed as coming off even slightly intoxicated. I have never been arrested (3-4 dozen checkpoints and other normal pull overs).

    With that said, in the time it takes to get you to jail and processed, what you blow may be lower than when you were pulled over.

    I don't drink and drive, completely against it. I am asking out of pure curiousity, and I guess a little because I know people who do. Thanks for your input on the matter.

    I am curious as to what Mr. Blackstone has to say...

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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by glambman View Post
    I have never been arrested (3-4 dozen checkpoints and other normal pull overs).

    With that said, in the time it takes to get you to jail and processed, what you blow may be lower than when you were pulled over.
    Another thing, if they give you a blood test, they will swab your arm with alcohol (maybe isopropyl or whatever). Then typically they stick you before it's evaporated, capturing some of that liquid. Their blood chem test does not detect the difference between ingested ethanol and the cleansing isopropyl. So you will test higher than is really the case. Another thing about the blood test -- I believe you have the right to determine the safety and competence of the test taker. Though I can imagine their anger when they don't get to do things their own way.

    Another hazard is that, when they take you downtown, they will have your auto towed and impounded, and that's at least $120 out of your pocket. Plus several hours of your hassle on their schedule. They might even retain it for evidence of 'contraband.' In which case you'll have to go thru a judge to get it back.

    They will always check your papers and inspection sticker and call in to see if there is a warrant on you. Sometimes they will even check your auto itself for obvious deviations from passing a safety inspection. It is much better to always have those obvious things well taken care of. If you haven't been drinking, I see no reason to quietly take their little test. I agree saying nothing beyond name, rank, and serial number and "no/yes, officer" is best in most circumstances. If you get a real aggressive dog (and one out of two of them are just that way), you are going to get pretty tense, no matter what you say, and that means trouble.

    That said, GL, seems to me they have you on their list of "usual suspects."
    -----
    I am in a much safer situation, never having been drunk to start with and I can say the alfabet backwards pretty rapidly plus spell some long and difficult words, ones they can't spell. Might be good to practice that. It happened once. LOL
    Last edited by threlayer; 05-14-2009 at 12:02 PM.
    I loved going to strip clubs; I actually made some friends there. Now things are different for the clubs and for me. As a result I am not as happy.

    Customers are not entitled to grope, disrespect, or rob strippers. This is their job, not their hobby, and they all need income. Clubs are not just some erotic show for guys to view while drinking.

    NOTE: anything I post here, outside of a direct quote, is my opinion only, which I am entitled to. Take it for what you estimate it is worth.

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