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Bored Cops?

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Driving back from lunch today, where I had a crappy burger (Tomy Roma's) and three beers, I noticed that a new road by my house looked icy. The new section of road had signs saying "ROAD CLOSED", but had been paved and striped in July. Seeing that it was icy, I decided to try my new tires out in the ice (the main roads had been treated/scraped/sanded/whatever). I drove about a mile down the road while weaving around and sliding a little. No other cars. At the end, I did an E-brake u-turn to head back. Halfway back, another car coming turned out to be a local Sheriff, who pulled my white ass over. He asked what I was "doing down here", and I told him the truth, "the road looked icy, and I wanted to drive around in the ice". He mumbled something about 'reckless driving', and I replied Yes, technically, but it is a pretty safe place to do it.... When I pulled my license out he must have noticed my concealed carry permit, and asked "You got your gun with you?" Negative. He then asked if I had been drinking. "Yes, three beers with lunch". He went back to his car. He must have felt that a major bust was about to go down because he called another car in, this time from the local podunk city police. They talked for about 10 minutes, then walked up to my car with a breath analysis device. I balked a bit at the breathalyzer because they hadn't even asked me to do any of the "walk a straight line" crap. He said that the roadside breath test was not admissible in court and was essentially the same as doing the physical tests. OK, I'll Blow. After blowing, the two cops passed the device back and forth between them, while covering the display so I couldn't see it. Then they walked off and had a little chat. The first cop came back and told me I blew a "point-oh-three-four", to which I responded, "sounds about right for three beers in one-point-five hours". He mumbled something about my "weaving around on a closed road, which might entail misdemeanor reckless driving charges". Being very polite (as I was the whole time), I repeated that I was TRYING to weave around, but might have picked a better place to do it. He left for another 10 minutes and came back with a $101 ticket: RCW 46.61.050 'Failure to Obey Traffic Control Device 'Road Closed' sign'. Hope he got a boner ot of that one! I thanked him for being so generous this Christmas season. FUCK THAT SHIT. I wonder how many rear-enders on slick roads took place during the 1+ Cop-Hours they wasted. How many drunk-white-trash-cockwads slapped their wives around. How many kids were molested? Waht a waste of fucking time!

"Once we got to the point where twenty/something's needed a place on the corner that changed the oil in their cars we were doomed . . ."
-NickDG

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I feel your pain about wishing the cops were able to witness better stuff, but you were the best thing they had going. Doing donuts on the ice is really fun, and the kind of thing that kids kill themselves doing. Investigating you, not finding a teenager, but an adult who had been drinking, they did their job.

The insta-breathalyzer saves you the time of having to go do the real thing at county jail.

You broke the law and got caught. Go to traffic school and don't do it again.

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is it true that the roadside breath test is not admissable in court?

edit: especially in texas. dave?

2nd edit: not because i drink and drive, it's just intersting to know.



I understand! I used to read the TX Penal Code and Transportation Code for fun, I found it interesting as well! The language is dry and may be slightly confusing in some parts, but its easy to understand overall (although you may have to read some parts more then once). The Penal Code isn't that long, and its really an interesting read. Below is a link to a specific part of the TX Penal Code, you can use that to reach the rest of it, check it out sometime. Its interesting! Read the transportation code too, you would be surprised how often the average driver breaks a law while driving!

Depends on your state. It also depends on your District Attorney, check your local listings.

Side note: typically its not admissable as the only set of evidence, there's a reason why there are SFSTs. You can use one, depending on the department, in conjunction with the SFSTs after performing the SFSTs and getting enough clues for arrest to help you articulate the probable cause for the arrest, BUT it isn't held up like the Intoxilizer is held up in court.

Also, you do not have to blow, bleed or piss a .08 to be DWI, according to the Penal Code in TX. The chances of a conviction depends on the District Attorney, though.

Make sense?

For TX check in these locations and consult your lawyer for any details:

http://www.txdps.state.tx.us/administration/driver_licensing_control/alr.htm
http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.010.00.000049.00.htm#49.04.00
http://www.capitol.state.tx.us/statutes/petoc.html

Also note "Flying While Intoxicated" is an offense in Texas.:P
--"When I die, may I be surrounded by scattered chrome and burning gasoline."

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ok,
A) i don't have a lawyer.
B) hopefully, i won't ever need one.
and C) you don't have to "blow bleed or piss a .008" (i thought it was .08) to be a DWI? Are you saying that you don't actually have to be proven to be .08 by a blood, breath, or piss test? does that mean that if you simply appear to the judgement of the officer to be drunk you can be convicted?

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From what they told me, it was an option to doing the roadside walk-the-line stuff, but had no other value. AFAIK, a police officer has quite a bit of leeway in deciding if you need to be hauled in for a "breathalyzer" test. The roadside tests are just prescreening to cover their a, er bases. The device they used looked like something you could order from "True Detectives" or "High Times" magazines for a couple hundred bucks. For a court conviction, at least in WA, they need a real, "calibrated" machine, whatever that means, which is not a roadside unit. Other states may vary.

"Once we got to the point where twenty/something's needed a place on the corner that changed the oil in their cars we were doomed . . ."
-NickDG

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Also note "Flying While Intoxicated" is an offense in Texas



Surprisingly or not... I was once at a DZ in TX where this could have possibly been looked at. Not near a .08, but tossed back one, then 20 minutes later another load was put together (most of them had one or two also) :S
Yesterday is history
And tomorrow is a mystery

Parachutemanuals.com

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you don't have to "blow bleed or piss a .008" (i thought it was .08) to be a DWI? Are you saying that you don't actually have to be proven to be .08 by a blood, breath, or piss test? does that mean that if you simply appear to the judgement of the officer to be drunk you can be convicted?



Ah, sorry for the typo, went back and fixed it but not quick enough for you.:D

As for the explaination, I'd be happy to explain it in PM to you, but in a public forum on the internet my answer will be "read the Penal Code, check the Transportation Code and the TABC Code" and understand that it is written in black and white. Do not read into what the code says, it says what it says and only what it says.
--"When I die, may I be surrounded by scattered chrome and burning gasoline."

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Look at dave now he's a cop. all codes and that:D:D I remember the days he was peddling shiner bock across state lines:)
http://www.skydivethefarm.com

do you realize that when you critisize people you dont know over the internet, you become part of a growing society of twats? ARE YOU ONE OF THEM?

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In CA they call it "implied consent". If you CHOOSE to drive, you give "implied consent" to either a blow, bleed or pee, when asked. If you refuse, which you can, there are automatic penalties such as yanking your license for a year. The following must have passed high court challenges, since it seems to the the way it is done all over the US. I always wondered, though, since you have a choice between blow, bleed or pee, which would be best, or more importantly, which would cause the most upset and inconvenience to the system?

[Oh, I'm a Christian, so I can't blow, I can't bleed 'caus I'm a Chrisian Scientist, and, oh, well, my member is off-limits cuz I have a federally-protected form of VD!]

"Once we got to the point where twenty/something's needed a place on the corner that changed the oil in their cars we were doomed . . ."
-NickDG

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Bwahahah!

Too bad you won't be in Eloy ;)



Nah i'll be where the true. DZ.commers hold the record..You Eloy peeps don't have what it takes to beat us...lol
http://www.skydivethefarm.com

do you realize that when you critisize people you dont know over the internet, you become part of a growing society of twats? ARE YOU ONE OF THEM?

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There was an article on the news about no-one wants to coach the texans..lol anyways, i was on about the cowboys should be a good game this sunday
http://www.skydivethefarm.com

do you realize that when you critisize people you dont know over the internet, you become part of a growing society of twats? ARE YOU ONE OF THEM?

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yeah, beating the texans is really going to prove anything to anyone!
hell, most of the high school teams in texas could beat the texans.



Hell, even Texas A&M could beat the Texans!

:D
--"When I die, may I be surrounded by scattered chrome and burning gasoline."

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