I cant help but notice that cops give citizens these complex tasks that sober people cant even complete on their own.

How is this legal?



EditL The girl in the second video is a smokeshow

Cops using sketchy tactics? I'm shocked.

Because cops needs tools to arrest people when things like civil rights get in the way

OP, how about some cliff notes of what happened? That's a 20 minute video.

This cop asks to see driver do a backflip. Then proceeds to arrest the driver for DUI because doing a backflip is "odd behavior."

Yeah, pretty sleazy, imho.

Its a good video, reccomend you watch it all when you can.

Long story short: cops see hot girl dancing on boat, pull boat over. Talk to the boyfriend who is the captain. They automatically start accusing him of being drunk, do a bunch of stupid tests that even my sober ass couldnt pass. Hes arrested

doback said:

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I cant help but notice that cops give citizens these complex tasks that sober people cant even complete on their own.

How is this legal?

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Dude wasn't exhibiting "signs of impairment". Cop was power tripping.

lmao, he executed that crap perfectly; cops tripping

93MarineHorn said:

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OP, how about some cliff notes of what happened? That's a 20 minute video.

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Quote:

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BodyCam Of FWC Officer's conducting a safety inspection after a girl is spotted dancing on the bow of a boat. It was later discovered by the officers that the captain was too impaired to operate the vessel.

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Since there is no video of the girl dancing on the boat, hard to say what the justification for a stop is, other than the cops probably wanted to check her out.

The "sobriety" tests were pure crap IMO, and the little bit I watched didn't show that the dude in the white shirt was inebriated - his coordination was fine, his speech was fine. The "test" tasks were stupid and he had a lttle trouble doing them properly because of how stupid they were, but nothing outside of that.

Decline to take the tests

This is terrible. I haven't had anything at all to drink, and I would have a hard time performing those "tasks".

Some people should not be cops.

captkirk said:

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Decline to take the tests

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Then what?

Seriously, should you demand a blood test and ruin the rest of your day? I'm not a drinker, but I'd seriously like to hear how folks should handle this.

At my age, it's more likely to be stroke or diabetes, it would be nice to know how to demand medical treatment, rather than dancing on one leg.

CanyonAg77 said:

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captkirk said:

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Decline to take the tests

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Then what?

Seriously, should you demand a blood test and ruin the rest of your day? I'm not a drinker, but I'd seriously like to hear how folks should handle this.

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If they ask for a field sobriety test, they've already decided to arrest you and your day is already toast. Best course of action is to STFU and get a lawyer to beat the rap. You're not beating the ride.

CanyonAg77 said:

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captkirk said:

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Decline to take the tests

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Then what?

Seriously, should you demand a blood test and ruin the rest of your day? I'm not a drinker, but I'd seriously like to hear how folks should handle this.

At my age, it's more likely to be stroke or diabetes, it would be nice to know how to demand medical treatment, rather than dancing on one leg.

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Well, looks like his day is ruined already.

Demand a blood test and a lawyer. Pretty much when you are in that position, you are going to be dealing with the LEO's for a good while as it is. Easier to get everything dismissed with a blood test proving you are not impaired versus the arbitrary judgement of a cop that may be having a bad day, has a personal issue, etc.

captkirk said:

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Decline to take the tests

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If you decline to take the test, doesn't this mean automatic revocation of your driver's license?

It's my understanding that if you refuse the field sobriety tests, or maybe it's just the breathalyzer, your DL is automatically suspended, and then you have to go through all kinds of hoops to get it back when found innocent about 10 years later.

True?

If only border patrol was as diligent with the letter of the law as the fish and wildlife cops in video one.

If you're asked to do a roadside sobriety test, you're going to jail. The cop is just developing his case at that point.

captkirk said:

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Quote:

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Decline to take the tests

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Then what?

Seriously, should you demand a blood test and ruin the rest of your day? I'm not a drinker, but I'd seriously like to hear how folks should handle this.

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Just my opinion, but going along with bad government now is a sure way to get more bad government later.

The consequences of not going along with bad government now likely are to have more headaches in the short term but in the long run it's the better course of action.

CDUB98 said:

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It's my understanding that if you refuse the field sobriety tests, or maybe it's just the breathalyzer, your DL is automatically suspended, and then you have to go through all kinds of hoops to get it back when found innocent about 10 years later.

True?

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It's if you refuse a breath or blood test that your license is automatically suspended. There is no direct penalty for refusing a field sobriety test, but you're going to be arrested, at which point you'll have to take a breath or blood test.

Edit: the above is for Texas.

Struggle and Strifer said:

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captkirk said:

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Decline to take the tests

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If you decline to take the test, doesn't this mean automatic revocation of your driver's license?

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In many states, yes.

You are obligated to take the breath test, but not the extra field tests is my understanding. Refusing the former means license gets suspended. The latter is simply added evidence that can and will be used against you.

Note: I'm not a lawyer.

This is what we were told.

One year of pain and legal fees is much easier than dealing with no license for several years. The lawyer made it sound like it was pretty much automatic without the breathalyzer that the conviction and loss of license would be the result. As it stands with cooperation, adjudication.

TriAg2010 said:

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CanyonAg77 said:

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captkirk said:

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Decline to take the tests

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Then what?

Seriously, should you demand a blood test and ruin the rest of your day? I'm not a drinker, but I'd seriously like to hear how folks should handle this.

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If they ask for a field sobriety test, they've already decided to arrest you and your day is already toast. Best course of action is to STFU and get a lawyer to beat the rap. You're not beating the ride.

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I was a released after a field sobriety test the only time I took one in 1987. However, these were MPs on a Marine Corps base and not normal PD. It was 1am Saturday morning and I didn't completely stop at 4 way stop sign intersection. MPs appear out of nowhere and pull me over. I'm a little drunk. I tell my date to pray for me and step out of the car. It's early February and about 50 degrees and windy. I'm wearing a short sleave shirt and jeans.

At this time two other MP cars show up and now 6 officers are watching me stand on one leg while reciting the alphabet and shivering. Halfway thru I lost my balance a little bit and the MPs start laughing and heckling me. Somehow they let me go with a warning. Worst part was my date was no longer in the mood.

I would like to know how his blood test came out because I did not really see any signs of impairment either.

If only both perps had only done a smash and grab in NYC or SFO they would not have had to spent 8 hours in jaul.

I've been subject to this myself, not due to a hot chick on my boat but due to my brother insisting on getting up on the bow to ride while I was underway, when the game warden was in sight.

Sure enough, they come roaring up and pull me over. Check my boating paperwork, safety check, check everyone's license, the works. I had to school them on the different PFD requirements for boats under and over 16 feet, which probably helped me a bit. My brother had a license but it wasn't on him of course so he had to talk his way out of that one, then they turn on me and do a quick field sobriety check. Basically they were watching how well I followed instructions and watching my eye motor reactions. If your eyes track in a jerky motion, it is a strong indicator of excessive consumption. I was able to pass that at least well enough and also flawlessly recite the alphabet looking right into the officer's eyes. I had been drinking, but at a slow and steady rate, but honestly I don't know what I would test at vs how sober I feel. They let me go with a bit of lecture that passengers are required to be inside the cabin space of a boat underway, even at no wake speed.

If you pass the tests and don't indicate you are intoxicated, they will let you go.

Not fully true. I got pulled over once for pulling into the left lane from a right hand turn (because I needed to turn left immediately).

Told him I had one beer with dinner a few hours ago. He pulled me out for a field sobriety test and then blew a 0.0 after. Just a warning.

Generally they're trying to screw you though.

schmellba99 said:

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CanyonAg77 said:

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captkirk said:

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Decline to take the tests

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Then what?

Seriously, should you demand a blood test and ruin the rest of your day? I'm not a drinker, but I'd seriously like to hear how folks should handle this.

At my age, it's more likely to be stroke or diabetes, it would be nice to know how to demand medical treatment, rather than dancing on one leg.

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Well, looks like his day is ruined already.

Demand a blood test and a lawyer. Pretty much when you are in that position, you are going to be dealing with the LEO's for a good while as it is. Easier to get everything dismissed with a blood test proving you are not impaired versus the arbitrary judgement of a cop that may be having a bad day, has a personal issue, etc.

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You have no right to demand a blood draw in Texas. It is the officer's decision to offer you a breath test or a blood draw, and they normally will not do a blood draw unless it is a felony DWI..

ABATTBQ11 said:

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Because cops needs tools to arrest people when things like civil rights get in the way

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If they want to arrest you for DUI, they will. The test is not pass/fail.

Even if you blow a 0.0 on their portable breathalyzer (which is non-admissible in court), they'll find a reason you failed the field sobriety test and arrest you.



Then, even if you have no signs of being drunk (IE, they can't really find a good reason you failed the test), they'll just accuse you of being high and arrest you.

Can't find the video, but saw one on line where a women crossed a stripe on a merge ramp on a freeway, was pulled over, was obviously fine during the entire encounter, blows a 0.0 and the cop shifts to "you're impaired from smoking marijuana, I smell marijuana" even though he'd not said anything about it to that point.

EDIT: Here is the video

captkirk said:

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Decline to take the tests

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on a boat that may be fine, but in some state refusal, even if you are sober, is auto suspension of license and one year restricted driving (have to get an ignition interlock).

EDIT: Refusal of the field sobriety test (IE: Stand on one leg, recite alphabet, etc.). Even if they take you to the station and you blow a 0.0 and pass all blood tests, you still lose your license.

TriAg2010 said:

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CanyonAg77 said:

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captkirk said:

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Decline to take the tests

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Then what?

Seriously, should you demand a blood test and ruin the rest of your day? I'm not a drinker, but I'd seriously like to hear how folks should handle this.

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If they ask for a field sobriety test, they've already decided to arrest you and your day is already toast. Best course of action is to STFU and get a lawyer to beat the rap. You're not beating the ride.

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No one should have to spend the money on lawyers and time in court over stupid **** like this. We're supposed to have civil rights to prevent exactly that.

Rex Racer said:

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CDUB98 said:

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It's my understanding that if you refuse the field sobriety tests, or maybe it's just the breathalyzer, your DL is automatically suspended, and then you have to go through all kinds of hoops to get it back when found innocent about 10 years later.

True?

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It's if you refuse a breath or blood test that your license is automatically suspended. There is no direct penalty for refusing a field sobriety test, but you're going to be arrested, at which point you'll have to take a breath or blood test.

Edit: the above is for Texas.

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Also, thanks to a 1983 Supreme Court decision in South Dakota vs Neville, your refusal of a breath test can be brought into evidence at your trial.