Traffic stop

[daveftc]

What is the name of your state?What is the name of your state? Colorado

I was recently legitimately pulled over for speeding and the officer questioned me a lot about drinking. I honestly told him that I had drank 3 beers over the past 4 hours. I refused the roadside sobreity testing and the roadside brethalyzer.

Over the next 90 minutes, he would return to his car for 5-15 minutes and then come back and ask me to take the tests again. Sometimes he was nice and just wanted "to help me get on my way". Sometimes he was angry and insisted I would big in more trouble if I didn't take the tests. During one discussion, he asked a lot of questions about my glasses.

Eventually, he let me go with only a warning for the speeding.

Why did he question me for so long? Why the extensive questions about my glasses?

 

[JOHN BUCKNER]

Their could be several reasons for the officers actions. One he may have been frustrated due to your refusal to take F.S.T's The officer may have been a rookie and was unsure of himself. two he may have gone back to his vehicle looking at his Codes book looking for some other reason to cite you. And finally he could have been frustrated with his Dispatch being slow. This happens on occasion. For what ever reason, it sounds like you left on a good note.

 

[LawGirl10]

If the traffic stop was actually 90 minutes, I would be concerned about that. There is no specific amount of time in case law, but judging from some of the other cases I have read, that is not a reasonable amount of time for a traffic stop (detention based on reasonable suspicion of DUI) to last.

 

[porcelina68]

seems you are lucky

In most cases, police officers view refusals to take the tests as an automatic admission of guilt, and then you get those pretty bracelets, and a ride in the back of the car.

I wouldn't be griping if I were you.

 

[daveftc]

I'm not griping at all!! I didn't even get my well deserved speeding ticket.

I was just curious.

 

[JOHN BUCKNER]

Hey Lawgirl10, I failed to mention anything regarding the time involved during the stop itself. I am glad you pointed that out. I do believe that their is case law that was brought before the appel. Courts regarding that issue itself. I do not know the case law and, I do not remember weather it was in Oregon or Arizona.However, I will say this. Most Law Enfocement Officers are being told that unless you have the P.C (you know more apt then not that a Crime was commited...and so on, ) that 20 minutes on a violation alone is more than enough time...now that of course is unless he was to submit to the F.S.T.'s. And of course he does not have to. I have never actually heard of a 90 min. traffic stop for no more than what he indicates but, stranger things have happened. I will say this. If one of my patrolman had pulled somone over for 90 min. without a custody issue I would have them in my office answering questions. Also on average when I have actually had people submit to field sobriety tests and then taken them into custody has averaged about 30 mins.

 

[seniorjudge]

"...Why did he question me for so long? Why the extensive questions about my glasses?..."

The dispatcher was swamped, plus they were having trouble with the computer; they were running your record.

 

[JOHN BUCKNER]

Another very good perseption from the Judge............Ya I know how long some of those records take.................

 

[LawGirl10]

Another very good perseption from the Judge............Ya I know how long some of those records take.................

Me too. I remember those record checks that took forever (I was an officer before I started law school), they used to tick me off.

 

[Rhubarb297]

What is the name of your state?What is the name of your state? Colorado

I was recently legitimately pulled over for speeding and the officer questioned me a lot about drinking. I honestly told him that I had drank 3 beers over the past 4 hours. I refused the roadside sobreity testing and the roadside brethalyzer.

Over the next 90 minutes, he would return to his car for 5-15 minutes and then come back and ask me to take the tests again. Sometimes he was nice and just wanted "to help me get on my way". Sometimes he was angry and insisted I would big in more trouble if I didn't take the tests. During one discussion, he asked a lot of questions about my glasses.

Eventually, he let me go with only a warning for the speeding.

Why did he question me for so long? Why the extensive questions about my glasses?

If you truly only had 3 beers in four hours why in the world would you refuse the breathalyzer?? You'd have passed it with flying colors. (Unless you are a 50 pound female midget who hadn't eaten anything in the last 12 hours.) Most states have implied consent laws, so if you don't take the breathalyzer your license is automatically suspended regardless of whether you were drunk.

 

[Rhubarb297]

In most cases, police officers view refusals to take the tests as an automatic admission of guilt, and then you get those pretty bracelets, and a ride in the back of the car.

I wouldn't be griping if I were you.

A refusal is not an "admission of guilt" as to the DUI, at least not one that would support a conviction for DUI in court. Rather, in most states, refusal to take a breathalyzer is a violation of one of the conditions of your right to have a license. Most states when you get your license you have to consent to take a DUI if asked to...and if you don't your license gets suspended.

But you're right...the refusal to take the breathalyzer will most likely get you a ride to the police station where they'll get a blood sample to confirm your BAC level. And, yes, he shouldn't be griping. He was very lucky. It was a stupid move on his part, especially since he only had 3 beers in 4 hours...at least according to him.

By the way, I've never understood why people who have had anything to drink would purposefully speed.

 

[seniorjudge]

"...If you truly only had 3 beers in four hours why in the world would you refuse the breathalyzer??..."

This is the standard answer for people who get caught drinking and driving.

 

[CdwJava]

"...If you truly only had 3 beers in four hours why in the world would you refuse the breathalyzer??..."

This is the standard answer for people who get caught drinking and driving.

Well, a variation, maybe ...

For those of us who have worked the streets, the most common answer to the question, "How much have you had to drink tonight?" is ....???

Yep! "TWO!"

And 90 minutes can't be right. What on EARTH could he do for 90 minutes? It takes much less than that to MAKE the arrest even doing ALL the FSTs!

If the hour-and-a-half figure is correct (and I can't believe that it is) then there was something else going on. That would be a totally unreasonable amount of time to be out on a stop. His supervisor woulda had his ass for wasting that much time! Not to mention the trmendous detention issues involved.

- Carl

 

[seniorjudge]

Well, a variation, maybe ...

For those of us who have worked the streets, the most common answer to the question, "How much have you had to drink tonight?" is ....???

Yep! "TWO!"

Carl...maybe all that anti-alcohol hoopla is starting to work!

 

[daveftc]

Thanks to all for your replies. A retired cop friend here also said that the delay was likely due to a slow records search. He had never heard of it taking quite that long, but couldn't think of another reason.

Also - it was nearly 90 minutes! I was pulled over at 11:34 and let go at 1:01!!

Why do cops even ask how much drivers have been drinking if everyone lies?

thanks,
dave