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Field Sobriety Test Question

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  • doc1buc
    Senior Member
    • Oct 2008
    • 1670

    Field Sobriety Test Question

    So let's just say, on April fool's day or such, you were to pull over a citizen and they appear intoxicated. You conduct the field test. They Fail. All their actions indicate that they are drunk. You then conduct a breathalizer, they PASS! They scream out, Ha ha good one huh? Is this against any Penal Code?
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  • #2
    bohoki
    I need a LIFE!!
    • Jan 2006
    • 20821

    i often wonder about the field sobriety tests i dont feel like doing jumping jacks for a half an hour is there anyway they can skip that and just demand a breathalizer imediatly

    i know if you fail the dexterity tests and pass a breathalizer they will want to test your blood for other intoxicating agents be it giggleweed,coughjuice with codine,airplane glue, whatever

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    • #3
      Jicko
      Calguns Addict
      • Dec 2005
      • 8774

      Originally posted by doc1buc
      So let's just say, on April fool's day or such, you were to pull over a citizen and they appear intoxicated. You conduct the field test. They Fail. All their actions indicate that they are drunk. You then conduct a breathalizer, they PASS! They scream out, Ha ha good one huh? Is this against any Penal Code?
      1) LEO is likely to write them a ticket for whatever the original PC for the stop is.... broken tail light etc..

      2) LEO is likely to still take you to the station, since failing the FST, is enough PC for arrest (then you would have to stay in the station for n-hours), then find a ride to pick you up from the station, then go pay couple hundred dollars to get your car back out from the pound as your car would have been towed

      I think you just made a "April fool" on yourself, dude....
      Last edited by Jicko; 09-29-2009, 2:21 PM.
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      NRA Certified Firearm Instructor
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      • #4
        Jicko
        Calguns Addict
        • Dec 2005
        • 8774

        Originally posted by bohoki
        i often wonder about the field sobriety tests i dont feel like doing jumping jacks for a half an hour is there anyway they can skip that and just demand a breathalizer imediatly

        i know if you fail the dexterity tests and pass a breathalizer they will want to test your blood for other intoxicating agents be it giggleweed,coughjuice with codine,airplane glue, whatever
        Refusing FST is YOUR RIGHT. So, just right out, refuse that. You don't even have to accept the breathalizer test neither.... just say that you are willing to do the test @ the station... but now, they would need some PC for your arrest and to the station(they probably do anyways).... but yet, they do not have any evidence on you based on FST or road-side-breathalizer...
        - LL
        NRA Certified Firearm Instructor
        sigpic

        New to Calguns, check here first:
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        • #5
          doc1buc
          Senior Member
          • Oct 2008
          • 1670

          Thank you for the input but I don't think I did. This was a pure "what if" scenario that was birthed by an office conversation about an over-zealous LEO that we have all had encounters with. Writing tickets for 1 MPH over the speed limit, not stopping for 5 seconds at a stop sign, etc. is the SOP for this guy. So we schemed this scenario to let him know how we feel. A kind of "waste my time, I'll waste yours" deal.
          Last edited by doc1buc; 09-29-2009, 2:09 PM.
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          • #6
            retired
            Administrator
            CGN Contributor - Lifetime
            • Sep 2007
            • 9409

            Originally posted by doc1buc
            Thank you for the input but I don't think I did. This was a pure "what if" scenario that was birthed by an office conversation about an over-zealous LEO that we have all had encounters with. Writing tickets for 1 MPH over the speed limit, not stopping for 5 seconds at a stop sign, etc. is the SOP for this guy. So we schemed this scenario to let him know how we feel. A kind of "waste my time, I'll waste yours" deal.
            So you have come to this forum posing a question of the leos here to determine whether you or co-workers can pull a fast one on a leo in your area that you have a dislike for.

            You might want to re-read or read for the first time, this particular rule at the top of the forum:

            'Cop Bashing' will NOT be tolerated in this forum at all.
            You may deny you have done this, but it is pretty evident you have.

            This thread is done and in the future, do not come here soliciting advice from the active/former leos here on how to screw around with any leo.

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