Kansas is where I live. I am sure you can look up the statues and baffle me.
I suppose I could. Do you really want me to?
The largest problem we have is you are on "the force" and so is my family. Except my family is more involved on the IA side.
How is that a problem "we" have? Who are "we"?
Oh, and a side note, I am an IA investigator ... and you point is?
This is mostly why I take a strong offense to pretty much all "guys in blue".
I don't get it ... your family are on "the force" yet you all have problems with "guys in blue"? I don't get it ... you're not making much sense.
I'm sorry you don't like cops. Not much i can do to change that. Hopefully you'll never be a victim of a crime and will never need one. I'm sure they don't want to spend a lot of time with you, either.
Don't take it too personal, I am just too much in the know about all the corruption. Cops either beating his wife, cheating on his wife, beating up suspects, lying to the courts, using profanities, I have hear it ALL!
I have heard it all ... I watch TV shows, too.
Fortunately, most the "real" stories are untrue or overblown, though some are true. Most are a matter of competing perspectives. Be that as it may, I can't speak to what the cops in your neighborhood do as I am not even in your state.
And it happens in every city.
No, it doesn't. It doesn't happen in my city, sio it does not happen in "every city". But, I won't be able to convince you of that fact, so it's moot.
How many cops do you know with a DUI!!!!!
That are still working? I can think of only one ... maybe two, but I haven't heard if one is still working or not.
"hey man, would you show some professional courtesy". Where is mine, I pay taxes too!!
Out here, drive DUI and even a cop will get popped. Will it always happen? No. there will always be someone who will decide that they will cut a "brother" a break. But, at least in my state, that "wall" has been largely torn down in the last 20 years.
Does it happen that a cop will be arrested and booked for DUI? Yep! Been there and done that.
I am not pointing at you, I just have a drugged outlook on "the force".
Sorry to hear that your experiences are so poor. But, painting a broad brush on such a limited experience is like me saying that women are bad drivers because my wife, my sister, and my mother have all crashed cars. One does not necessarily equate to the other, and making a broad statement or claim of absolute fact based on a limited subset of the whole is fallacious.
Remember, "proving it", that is what gets a conviction. I just know from past experiences that without proof of impairment on something like is a tall order for DA. Maybe if you could post up the language of statutes that pertain to an under limit DUI, we can build the case right here.
The key issue will be the observations made by the officer. What objective symptoms of impairment were observed before the stop, during the contact, and during the investigation? The worst person to judge their performance ion the FSTs and how they appeared to others is the person who is (allegedly) impaired. Many sloppy and falling down drunks will claim they did just fine. there is no way we can establish guilt or innocence here, because we don't have the officer's report.
Now, if I could read the report and evaluate the officer's observations, I might be able to make an evaluation as to the officer's training and experience, and the validity of his observations (I am also a DUI/FST instructor). Lacking that, there is no way to say. I suspect that a plea to "wet reckless" (CVC 23103.5) will be offered here, but the OP may decide to go to trial. That will certainly be his call. However, if the officer is good or even adequate at his task (the articulation of the objective signs of impairment) then a guilty verdict could be forthcoming.
The fact that the DA has decided to pursue this in spite of the test results indicates to me that there is some merit to the impairment accusation. It could be because he's hoping to press for a plea deal, or, it could be that the DA believes that the officer can make the case. I have made cases without chemical tests, and have gotten convictions for BAC results as low as .043, so, it can be done and is done every day.
- Carl