I work at a tobacco shop. And after they said I blown through a stop sign. When asked when drinking I said no. Then he said I smelled, and I quote, “of something suspicious”. I get cops get their paycheck for tickets and such but seriously has it really gotten this bad that for a ticket they try to make it something bigger? and ignoring my rights?
If you’re in the US, in states I know of, at least, if you weren’t taken back to the station and had another DUI test done and took two other chem tests such as blowing in their big machine (not that little roadside one), a urine sample, and\or a blood draw, then I doubt you’re getting charged with DUI. The roadside breathalyzer and heel to toe bullshit is just stuff used as a precursor to your arrest and you don’t even have to do either of those. The tests to take you to court and charge you are all done after you’ve been arrested and are at the jail. The testing back at the jail house is what you aren’t allowed to refuse without losing your license. You don’t have to do shit roadside and there’s no consequences, despite the lying shit the cop will tell you. Not the lil breath test, or walking a line, or following the officers finger or nothing. All that can be refused. It’s all just so the officer has standing for being able to arrest you. Before you’re at the jail, you don’t have to participate in ANYTHING that is trying to determine your sobriety.
As the top commenter said. Don’t consent to search. Don’t resist. Get out if asked to get out, but close and if possible even lock your door. Exercise 4th, 5th, and 6th. STATE that you’re exercising your right to remain silent and not answer questions and then STFU till you talk to a lawyer.
I could make this a list of shit and things to do like a mile long, but that’s the highlight reel.
I’m not a lawyer. I’m not your lawyer. This is not law advice. I don’t know if there’s any exceptions to this in your particular state.
As for Miranda rights, there’s a comic here https://lawcomic.net/guide/?p=2637 that explains how those work.
In general it doesn’t matter if they aren’t read to you unless the prosecution wants to use your self-incriminating statements against you in a criminal case. Then those statements might not be usable as evidence, but that’s the only consequence.
They don’t need to read you your rights for a field sobriety test. I believe every state has laws that make consent a condition of the drivers license and establish that the tests aren’t self incrimination.
They should have read you your rights but if they didn’t question you after arrest it’s probably academic, since failure to do so would mean the answers you didn’t give to the questions they didn’t ask were inadmissible.
A dwi doesn’t require alcohol. They could just say you were on “something”. It’s a catchall for not being in a fit state to drive.
Anything anyone says here is pointless. You need to talk to a lawyer.
Yeah, especially in small towns. Just plead not guilty and get a public defender if you can (or hire a lawyer if you have the money). They’ll probably drag it out for a while until the court eventually dismisses it. I’ve been pulled over, searched, and arrested for made-up shit multiple times.
They smell something suspicious? Well, the smell wasn’t there until you stopped at them, so…
All I can smell is bacon, sir.
I assume in the USA? Not all countries have Miranda or right to remain silent laws. In some you are required to talk.
They wrote the one armed lady a ticket for holding a phone in the hand that doesn’t exist while driving. So yeah. It’s gotten that bad.
thats with a AI flock camera, she has grounds to sue, but unfortunately it just comes out of taxpayers pocket.
I didn’t think flock was involved in that. The point though was the officer just plain lied, and when faced with evidence, he doubled down.
And yes. Officer need to have individual malpractice insurance in my opinion.Not necessarily a lie, but (allegedly) mistaken would produce the same result.
Not everyone who is wrong is lying.
Nah. Cops writing tickets don’t that leeway. If they aren’t 100% certain of an infraction like this, they shouldn’t be stopping the driver. His doubling down after being shown proof establishes that he is willing to lie.
People can be “100% certain” of things that never happened; it happens all the time.
This is the incident that modern_medicine is referring to.
Yes, but in court, cops are given the assumption of higher accuracy. So they logically should be held to a higher standard.
No matter how much we expect/hope/demand cops to be superhuman, they will never be.
What’s funny is the growth of right wing anti cop channels. People with guns all over the background of the shot, talking about private property and etc, talking about how cops are just out to get you. There’s like 50 of these channels and they’re popular. Every video the host says that cops make shit up, invent ways to get you in prison, and never to talk to them. And then shows a body cam video exemplifying that. Police are really fucking things up if they are losing the audience this much.
Are they realizing that cops are class traitors?
The message used to be if you were unarmed and someone broke into your house, you’d be dead and your wifes rapist would be finished and on his way back to the ghetto by the time the cops even found out. It was a matter of time and self-reliance, moreso than just distrust.
you can decline a field sobriety test of any sort. They need probably cause to stop you, reasonable suspicion to arrest you. They also can’t detain you for an unreasonable amount of time.
Cops trample over these rights regularly. Get their camera footage and you might have a way to get the case dismissed.
They need more than reasonable suspicion to arrest you. The bar for arrest is probable cause.
There was a SCROTUS ruling under Dump that ruled they don’t have to read you your Miranda rights.
“Shut the f- up” and always request a lawyer now, is the correct strategy, which seems a gift to bar associations.
Shit I didn’t ever hear about this.
The Miranda warning isn’t required every time a police officer initiates an interaction with you.
For the Miranda rule to apply, a person must be in custody, meaning that they are “deprived of freedom of action in any significant way.” Routine traffic stops are usually not considered custodial.
For the Miranda warning to apply, a person must meet two conditions: 1) being in custody and 2) under interrogation. For example, if you are “un-Mirandized” and cuffed at the police station, blurting out a confession while you aren’t being questioned is admissible evidence in court because while you were in custody, you were not being actively interrogated.
Police are not required to read your Miranda rights before or during arrest. While some officers may choose to do so, they are only legally obligated to “Mirandize” suspects who are being questioned in custody.
This has always been a thing forever. A Miranda warning is exactly that, a courtesy warning. Anything you say at literally any time and in any scenario barring very little can be used against you in a court of law. At the same time, you always have the right to invoke your 5th amendment protections barring very specific exceptions. AFAIK the exception is when a judge orders you to testify. Literally no other time can you be compelled to answer unless you’ve already agreed to do so.
Point: Always assume anything you say is being recorded and might come up again later. Do not rely on other people to warn you before you fuck yourself. Shut your speak hole unless your representative says otherwise.
Turn off the device and get a criminal lawyer.
Just got arrested for a supposed DWI even though I blew a 0.0000000. Don’t cops need to read your Miranda rights to you?
Not necessarily, no. Miranda is required for:
- Custodial
+
- Interviews
If it’s one or neither, a Miranda warning is not required, despite what you see on TV.
I asked for a blood or hair follicle test and I was denied. WTH is happening?
Your state’s laws are gathering dust and your local politicians don’t care because they know voters don’t know or care. They’re busy litigating issues their voters care much more about, e.g. who should be allowed to play sports and go into bathrooms.
- Ex-cop
Don’t ever speak to the police. They are never there to help you. Get a lawyer asap! ACAB
“I am not discussing what I have or haven’t been eating or drinking. Am I being detained or am I free to go?” Field sobriety tests are always voluntary, but you might have to go to the station for a blood test.
If they continue to ask questions, “I am invoking my constitutional right to not answer questions. I won’t be making any other statements without a lawyer present.”
If they ask you to step out of your vehicle, you do have to comply. “I am complying and stepping out of my vehicle. I do not consent to a search of my person or property. Am I free to go or am I being detained?”
Never talk to the cops brought to you by Shut the Fuck Up Friday.
Depending on your habits, it might behoove you to opt for the station breath test. They can look at more than just alcohol in blood and pop you for weed or even legally prescribed adderall.
In most states you’re allowed to not take the roadside breath test, despite cops lying like motherfuckers about it. It’s the one at the station after you’ve been arrested that you have to take if you don’t want to automatically get your license taken for like a year, and they always do at least two different samples between that breath test, urine, and blood. Don’t do those and you’re pretty much guaranteed you lose your license and get the DUI charge as well.
That is the opposite of another comment here. I guess I’ll beleive neither and refuse both tests to play it safe
Different states have different laws. I’m in Louisiana and refusing a breath test automatically triggers a license suspension
And you’ve been lied to and you’re wrong. I just read your Louisiana revised statute 32.666 and you don’t have to take a preliminary breath test (the little one the cops use on the side of the road).
Again, though. Not a lawyer. Speak to your lawyer in Louisiana and ask them. Other jurisdictions may have different laws.
Like I said, your license can be suspended. That means you can still refuse it.
But most importantly, read 32:661 if you want to be insufferable about it. We have an implied consent law.
And that implied consent law is for a breathalyzer test. Not the one they do on the side of the road. You don’t lose your license to refuse a pbt.
Edit: Also fyi. Read 32.661 with a bit higher of a reading comp level. The chem test you can’t refuse is AFTER YOUR ARREST.
Ask a lawyer in your state sometime. You will very likely discover that you can and should refuse the roadside stuff.
Field sobriety tests are always voluntary
It may not always be so simple. In my state (Georgia) there is “implied consent” (yes, disgusting term) to breathalyzers and refusing one gets your license suspended for a year.This is after arrest actually, so it might be different.It’s shit that you have to know exactly what to say in order to take advantage of your rights.
But one thing I should mention is not just to be careful not to say what you’ve been eating or drinking. Never tell the cops anything about yourself other than what is legally required. They often ask where you’re coming from and where you’re going, for example.
They often try to trick people into consenting to a search by phrasing an order as a question, and pretending like they were just asking a question. “Would you mind opening your trunk?” The response is “I do not consent to searches.” I would also lock my door if I stepped out of my car. There are many situations where they can pretend you implied consent to search.
Speaking for California, but you technically consent to blood draws when you get your license Cvc 23612
I don’t think it’s ever been forced though for a simple DWI, and I’d find it hard to believe a random nurse/phlebotomist would be down with a forced blood draw.
You can probably refuse everything but the other circumstances of being impaired likely won’t help ya and if it’s gone that far you’re probably going to jail anyway
As for smelling something suspicious- hemp is legal in most states and only discernible (but not really) by testing through a state approved lab. When you buy hemp online it comes with a letter to law enforcement saying that it’s legal. I carry one of those letters in my bag.
