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DWI arrest with NO ALCOHOL or DRUGS just tired

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CdwJava

Senior Member
Okay ... the Sheriff is a crook (not too much of a surprise from what I have heard in LA). But, that has nothing to do with your son's situation and the prior advice and information still stands.
 
I feel for you. At this point I think your being trolled by some of the posters so I wouldnt respond to them. They like it.

I like how cdw said per se limit. You can get a dui locally for .04 even if the per se limit is .08. I usually tell people that are charged that the likelihood of them getting convicted, without a good attorney, regardless of guilt is extremely high. 0 tolerance means 0 tolerance. Like cdw said if the test comes back negative they will likely not pursue the case. Its unfortunate you have to wait but thats the way it works.

Tired drivers have been charged with murder for falling asleep behind the wheel. It can be just as dangerous as intoxicated driving.
 
thank you

people are not willing to believe that some officers do this because they can.somehow they are making money the more arrest they make.
in the FBI testimony of this sheriffs arrest it was stated that the sheriff wanted his deputies to falsely arrest someone he didn't like.
I am amazed that yall are willing to be treated this way! that it is ok with you.
I would love to change the laws to say that you cannot arrest someone if you are waiting for a urine test ,you write them a summons or you have 4 hours to get the results of test.
to me this seems unconstitutional that they can lock you up while you wait for a urine test. especially when you have NO HISTORY OF DRUG USE.

oh and I was tired when I got up this morning,still asleep but I had to drive my other son to work because his car is not running and it was very foggy and when I took a drink of my coffee I drove on the white line :eek:
oh and I have been followed out here in the country by overzealous police officers because they have nothing better to do.
they should be ashamed following people around who do nothing wrong,I have never had even a speeding ticket. boy did I give him a talking to! but you know what a young male can't do that they will find something to arrest them for:eek:
 

Ladyback1

Senior Member
What field sobriety tests did he have to perform?

Nystagmus test is one of the more reliable tests in the field, and if he failed that---that would be a clue to the officer that he was under the influence of something.

And unless my memory fails me, the suspect has to fail 2 of 3 field tests.

Furthermore--there are substances that can not be detected in blood or urine that are now being used to produce a high ("bath salts" "meow" salvia, etc)

Getting all up in the police dept. face w/ a neg urine screen 12 hours after it happened was not helpful! You will be seen as an disgruntled and angry interferring parent!
 
he messed up counting backwards and sticking one leg out to put in front of your other leg. and if a person is not very balanced it is easy to fail that.they did not look at his eyes because they said it was hard to see.
I do not care what they think ,this is not acceptable to me and if it happened to you ,you would not think it is right either.
 

davidmcbeth3

Senior Member
Look you already have the charge ... go to court and argue the case. You are free to ask the officer anything you want. No one is sympathetic towards your plight.
 
W

Willlyjo

Guest
OP, even if he was clear for alcohol, there's no field test for drug use, and a sleepy driver is equally [or more] impaired than a drunk or high driver.
It is irrelevant if someone is tired! It is NOT against the law to be a tired driver! So why even mention it?
 
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Willlyjo

Guest
Look you already have the charge ... go to court and argue the case. You are free to ask the officer anything you want. No one is sympathetic towards your plight.
Speak for yourself! I totally empathize with the OP!! I think it is a joke for a cop to arrest someone without proof that they had been drinking and over the limit!! This is one of many unacceptable behaviors in our society which is dragging the country down and turning it into a facist regime taking away our rights as citizens! :( Just my opinion though!
 
Amen Willy!
According to original studies conducted by NHTSA, these tests are not designed to detect impairment, but rather give a probability that a driver is at or a above a 0.08% BAC. However, studies throw doubt on the tests' usefulness in helping an officer to judge either. In 1991, Dr. Spurgeon Cole of Clemson University conducted a study of the accuracy of FSTs. His staff videotaped people performing six common field sobriety tests, then showed the tapes to 14 police officers and asked them to decide whether the suspects had "had too much to drink and drive" (sic). The blood-alcohol concentration of each of the 21 DUI subjects was 0.00, unknown to the officers. The result: the officers gave their opinion that 46% of these innocent people were too drunk to be able to drive. This study showed the possible inaccuracy of FSTs.[21]

Drunk driving in the United States - Wikipedia, the free encyclopedia
 

davidmcbeth3

Senior Member
Speak for yourself! I totally empathize with the OP!! I think it is a joke for a cop to arrest someone without proof that they had been drinking and over the limit!! This is one of many unacceptable behaviors in our society which is dragging the country down and turning it into a facist regime taking away our rights as citizens! :( Just my opinion though!
A cop is supposed to carry around a CDC laboratory with him to test for every substance that can impair a person?
 

CdwJava

Senior Member
people are not willing to believe that some officers do this because they can.somehow they are making money the more arrest they make.
Once more, no one has stated or supported any officer's right to break the law. However, you have presented no evidence that this was in an way a false arrest. What we have tried to explain to you is that the law allows for an arrest based upon probable cause. That is to say, that there is a reasonable belief that a crime has been committed and the person who has been arrested committed the crime. It does NOT require absolute proof and never has.

in the FBI testimony of this sheriffs arrest it was stated that the sheriff wanted his deputies to falsely arrest someone he didn't like.
Okay ... and you have proof that your son is on the sheriff's hit list? If not, then that is not relevant to his situation.

I am amazed that yall are willing to be treated this way! that it is ok with you.
Treated like what? Detained and then arrested with probable cause? That's how the system works. If you have a better system please bring it to the attention of your state legislature.

I would love to change the laws to say that you cannot arrest someone if you are waiting for a urine test ,you write them a summons or you have 4 hours to get the results of test.
Fiscally and logistically prohibitive.

There are options and many jurisdictions will release people on a citation when they appear to be sober, or release them to sober drivers who take custody of the person and promise to keep them away from a vehicle for at least 8 hours. There are other options that might be possible, but I cannot say whether they are permissible in LA or not.

to me this seems unconstitutional that they can lock you up while you wait for a urine test. especially when you have NO HISTORY OF DRUG USE.
But, it's not.

they should be ashamed following people around who do nothing wrong,
We pay the police to be suspicious and to find people who are violating the law. Sometimes they follow people ... sometimes they just happen to be going the same way you are. All because they are behind you does not mean they are paying close attention to you.
 

CdwJava

Senior Member
Speak for yourself! I totally empathize with the OP!! I think it is a joke for a cop to arrest someone without proof that they had been drinking and over the limit!! This is one of many unacceptable behaviors in our society which is dragging the country down and turning it into a facist regime taking away our rights as citizens! :( Just my opinion though!
Ah ... the "limit."

Okay, let us assume I take a handful of Vicodin ... i a half hour I crawl to my car because I am unable to walk or see straight. I get behind the wheel and start driving. I get about 50' and I get stopped for driving west across a northbound roadway. They put a breathalyzer in my mouth, and I blow ... Yep! 0.000! So, by your system, I'd be free to go because I blew a triple goose egg!

Drivers DO drive impaired on other substances besides alcohol. The legal concept of an arrest due to articulable probable cause has been the standard ... well, forever.

You also have to understand that "the limit" is merely the level at which a person is presumed impaired, it is not to say that a person is NOT impaired below that - they certainly can be.
 
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