garrula lingua
Senior Member
I know of no databank that keeps statistics on how many times a cop stops a suspected 'drunk' driver and, after testing they release them - uncharged.
I have heard many, many cops testify to a percentage of about 65%-75%arrested (of those stopped for suspected DUI).
The cops specially trained in DUI had higher percentages of arrest, but I never met a cop who didn't release some amount of the drivers stopped for suspicion of DUI.
Unfortunately, there are no stats kept on the amount of DUI cases Prosecutors receive and refuse to file, or file lesser charges.
This, then is the second level where those suspected of DUI are released, uncharged.
As far as refusing to blow, I dealt with many people who had refused and swore they really did have only two beers all night. They were screwed by refusing.
A Prosecutor has to charge when there's a refusal (the BAC can = reasonable doubt, ergo no charge).
A cop who's unsure of whether the driver is DUI, will charge when there's a refusal.
Read past posts on this board, from drivers stating they were ticketed, but no charges. Several posted back that the charges were never filed by the Prosecutor - this is not that rare, folks. There really are not many Nifongs out there.
Those who are truly DUI, usually show it in their driving patterns, the objective signs observed by the cop, and their statements - they are, most often, convicted.
As Carl stated, the refusal also shows consciousness of guilt in a trial.
Most important, the refusal just adds penalties on top of the DUI.
Shelton, Carl is (IMHO, too) patient, thoughtful, intelligent and courteous. He is a gentleman and scholar, no matter in what field he earns his living.
You, Shelton, are not - reverse the above & there is your description.
I have heard many, many cops testify to a percentage of about 65%-75%arrested (of those stopped for suspected DUI).
The cops specially trained in DUI had higher percentages of arrest, but I never met a cop who didn't release some amount of the drivers stopped for suspicion of DUI.
Unfortunately, there are no stats kept on the amount of DUI cases Prosecutors receive and refuse to file, or file lesser charges.
This, then is the second level where those suspected of DUI are released, uncharged.
As far as refusing to blow, I dealt with many people who had refused and swore they really did have only two beers all night. They were screwed by refusing.
A Prosecutor has to charge when there's a refusal (the BAC can = reasonable doubt, ergo no charge).
A cop who's unsure of whether the driver is DUI, will charge when there's a refusal.
Read past posts on this board, from drivers stating they were ticketed, but no charges. Several posted back that the charges were never filed by the Prosecutor - this is not that rare, folks. There really are not many Nifongs out there.
Those who are truly DUI, usually show it in their driving patterns, the objective signs observed by the cop, and their statements - they are, most often, convicted.
As Carl stated, the refusal also shows consciousness of guilt in a trial.
Most important, the refusal just adds penalties on top of the DUI.
Shelton, Carl is (IMHO, too) patient, thoughtful, intelligent and courteous. He is a gentleman and scholar, no matter in what field he earns his living.
You, Shelton, are not - reverse the above & there is your description.
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