Learn your alphabet!

sarge · 01-26-2008, 05:02 PM

HA !!! that is great advise :confused: :confused:
I love when people refuse the field tests and better yet, refuse the BAC test it makes my job so much easier !! and you loose your DL for 12 months period! My in car video still plays in court

When you sign to get your DL you are also signing that you will submit to any and all tests asked of you by law enforcement.
I field test people every night ! I also let alot of the ones go that I test . A good officer uses field test to judge how intoxicated a drivers is . it is not illegal to drive after drinking ! as long as your not over the limit. A field test tells me if the driver is over or not .
Your attorney is a money hungry POS and sure he is going to tell you to refuse and call him . this means more court which means more $$$$$ in his pocket.
saying your ABC's backwards is an urban mith and is not used in modern day law enforcement .well maybe on Reno 911.

If you get pulled over and are drunk ( and you know when you are ) I would suggest doing everything the officer tells you to and play the odds. If you are truly drunk and get arrested then ... o'well you loose and I bet it wasn't the first time you played the game of ... can I make it home tonight ..... it's like cat and mouse!
Now once at the station you are asked to do a BAC test . you are read a 2255 form that advises you that if you take the test and are found to be over the legal limit and this is your first OVI the max. the judge/state can suspend you DL is 90 days . if you refuse it's 1 year .
If it is your second or more .... Well , your a Dumb ass and shouldn't be driving anyway.

94Dodge Truggy · 01-26-2008, 05:24 PM

Good advice sarge!

muddinredneck513 · 01-26-2008, 05:33 PM

Quote:

Originally Posted by sarge

If it is your second or more .... Well , your a Dumb ass and shouldn't be driving anyway.

i got a brother in-law on number 7....in prison at the moment!! lol

BiggDaddy · 01-26-2008, 05:59 PM

I had a cop pull me over once in my Jeep. Said I went left of center down the road a little ways. Then he tells me that he had a Jeep (so he knows they don't always steer the best). I told him I had a few beers that day, which I did. I did the pen test, the walk the line test, etc...Then he told me I passed. After that, he asked if I would take a breathalizer at the car "just to see how bad I really was". I didn't really think I needed it, but agreed after he told me that the result was not admissable in court. Turns out I blew a .065 or something. He let me go. I'm not sure what would have happened had I blew over .08. I'm sure I would have then been hauled in to take a test at the jail or something.

Sarge, maybe you can answer this one for me: What are you guys looking for with the pen test? I've passed this test twice now (and haven't failed yet) although the first time I was pretty drunk, and only 20 at the time also. The first time, the cop held the pen way out to the side. I couldn't even see it, but I just kept looking that way. I was just wondering what the cops are looking for with this test. Thanks.

BiggDaddy

sarge · 01-26-2008, 06:43 PM

The PBT ( portable breath test) result is not admissable in court because te devices are not calibrated weekly . The PBT is no different then a finger to nose test or NGH or nine steps heel to toe.....
If you would have blown a 0.08 % BAC or over the cop could have arrested you on an OVI , however, he had just told you that he didn't think you were over the legal limit . So if he would ahve arrested you on the PBT reading would have been saying that he was wrong.
I would have made you get a ride and parked you vehicle .

The Eye Thing .... or commonly called the HGN test .
We are looking for the lack of smooth pursuit of the eye ball , and onset of nystagmas(SP?) ( uncontrolled shaking of the eye ) at or before a 45* angle. It is very effective at determining the level of intoxication . Some Officers can call the BAC numbers in the field just from the HGN results.

wilson1010 · 01-26-2008, 06:44 PM

Nobody is ever required to submit to a field sobriety test, EVER and nobody ever should.

You have a choice on the Breathilizer and, if you're way drunk and you're gonna get 12 months anyway cause its your second or third, REFUSE. No disrespect to Sarge, but if you blow a 2.4 or something, you will be getting a lot more than the little Administrative suspension he's talkiing about unless your a local in hill country. But in Ham County and all the major towns around here thats the way it is.

Frankly, anyone who has watched two episodes of Cops knows what I've said is exactly right but the police want you to hop around like a rabbit and answer a bunch of questions so they can charge you with obstruction or falsification, or have a basis to say you were drunk when the test is screwed up or comes back below the limit.

Keep you mouth shut and tell em to talk to your lawyer. Then you will at least have a chance.

Again, consult you own attorney.

sarge · 01-26-2008, 07:52 PM

Go down to the BMV , and pick a DL application and read it . When you sign to get your DL you are signing the consent to take any warranted test requested by LE.
I really hope that you don't think COP's is really how it happens ( no offense Wilson ) but damn man ..... it's TV.
Lets look at it this way . you get pulled over by me because you were all over the road bouncing off the curbs and ran a mini-van full of kids off the road. I approach your vehcle and ask for your DL and ask if you have had anything to drink this evening . You reply with " nope and I aint taking your stupid tests . this is when I grin and say your under arrest.

Now comes court . the judge is going to be reading my report and states the facts and the facts about you refusing to cooperate with one of his officers ( not a really good thing ). Your attorney is already into you for what ..... about $1500.00 . All your attorney can say is .... you were not drunk . And the Judge says... then why did you refuse the test ?????? HMMMMMM !! Then I get to put my 15 years of OVI practice to the test . Then we schedule a trail , more $$$$ for the attorny and me !! Either way it goes you are the loser $$$$$$$$ , I and most cops could care less in the end who wins or loses. In fact I never check on the outcome of cases. I do not care , I did my Job and that was to get the Drunk off the street.
There are bad cops out there that pull people over for bogus crap to try and squeeze an OVI out of it. This is Crap, but what can you do .... there is bad apples in every walk of life. I have only had one person blow under, out of the hundreds that I've tested , and he was so screwed up on pills that he had to be taken to the hospital to get pumped ! I'm not bragging , I'm just very good at determining intoxication level.
In Butler Co. if you go to court on a 1st offense OVI and you blew over a 0.08 and cooperated you are very unlikely to get a OVI conviction. You will get a physical control or something else and you will be able to get work privledges. Refuse everything and good luck and may the judge have mercy on your ass.
Like I said above , if it's your second or more ........ well thats another story . It's kinda like being under suspension and refusing a BAC test ..... it really doesn't matter you aint got a DL anyway .

I can only say that this is how it goes in Butler Co. , Hamilton Co. may be different.

Bottom line is .. Attorney's are in this for the money , if you take the tests, you are more then likely going to court twice , once for your 5 day hearing and once for your court appearance . If you refuse then it's trail time and that means at least three court appearences and that means your attorny can charge you more. So you can bet your butt that they are going to tell everyone to refuse . I have several very big attorney's in Butler Co. that I go to , to better my ability to testify in court and behind closed doors they laugh at all the pieces of crap that give them big bucks to get them out of an OVI and have admitted that the above is very true.

Believe what you want , but, I have been doing this for a long time and witnessed many refusals and many tests. I would have to recommend that if it's your first OVI take the tests, and save your money for reinstatement fees and impound fees , anything more then your first and it really doesn't matter does it ?

94Dodge Truggy · 01-26-2008, 08:25 PM

I can't afford to drink and drive so I don't!

wilson1010 · 01-26-2008, 08:48 PM

Hehehehehehe!

One thing for sure is I will be using my turn signals and checking my license plate light as I go thru Trenton.

And, Sarge, I don't really drive that Unimog around, its somebody else.

The DUI rules are ridiculous. Most people drive fine with a couple of beers in them. But you could pull over people at 2AM and half of them would fail the test.

Look, I don't drink and drive either. I had to learn the hard way and haven't had a drink in 17 years 4 months and 10 days to be exact. But lots of experience has taught me that the police aren't always right but they usually think they are right. I'm sure you are always fair Sarge, but we don't all live in Trenton. In Cincinnati, if you admit to even one beer, you are gonna blow. Trusting the officer who has you in the street is not the best plan, unless its Sarge who pulled you over of course.

01-26-2008, 05:59 PM	#4
BiggDaddy Join Date: Nov 2007 Location: Sidney, Ohio Posts: 52	I've been let go. I had a cop pull me over once in my Jeep. Said I went left of center down the road a little ways. Then he tells me that he had a Jeep (so he knows they don't always steer the best). I told him I had a few beers that day, which I did. I did the pen test, the walk the line test, etc...Then he told me I passed. After that, he asked if I would take a breathalizer at the car "just to see how bad I really was". I didn't really think I needed it, but agreed after he told me that the result was not admissable in court. Turns out I blew a .065 or something. He let me go. I'm not sure what would have happened had I blew over .08. I'm sure I would have then been hauled in to take a test at the jail or something. Sarge, maybe you can answer this one for me: What are you guys looking for with the pen test? I've passed this test twice now (and haven't failed yet) although the first time I was pretty drunk, and only 20 at the time also. The first time, the cop held the pen way out to the side. I couldn't even see it, but I just kept looking that way. I was just wondering what the cops are looking for with this test. Thanks. BiggDaddy

01-26-2008, 06:44 PM	#6
wilson1010 Join Date: Feb 2007 Posts: 147	Nobody is ever required to submit to a field sobriety test, EVER and nobody ever should. You have a choice on the Breathilizer and, if you're way drunk and you're gonna get 12 months anyway cause its your second or third, REFUSE. No disrespect to Sarge, but if you blow a 2.4 or something, you will be getting a lot more than the little Administrative suspension he's talkiing about unless your a local in hill country. But in Ham County and all the major towns around here thats the way it is. Frankly, anyone who has watched two episodes of Cops knows what I've said is exactly right but the police want you to hop around like a rabbit and answer a bunch of questions so they can charge you with obstruction or falsification, or have a basis to say you were drunk when the test is screwed up or comes back below the limit. Keep you mouth shut and tell em to talk to your lawyer. Then you will at least have a chance. Again, consult you own attorney. __________________ Unimog 406 XJ with a bunch of stuff put on by somebody else

01-26-2008, 08:48 PM	#9
wilson1010 Join Date: Feb 2007 Posts: 147	Hehehehehehe! One thing for sure is I will be using my turn signals and checking my license plate light as I go thru Trenton. And, Sarge, I don't really drive that Unimog around, its somebody else. The DUI rules are ridiculous. Most people drive fine with a couple of beers in them. But you could pull over people at 2AM and half of them would fail the test. Look, I don't drink and drive either. I had to learn the hard way and haven't had a drink in 17 years 4 months and 10 days to be exact. But lots of experience has taught me that the police aren't always right but they usually think they are right. I'm sure you are always fair Sarge, but we don't all live in Trenton. In Cincinnati, if you admit to even one beer, you are gonna blow. Trusting the officer who has you in the street is not the best plan, unless its Sarge who pulled you over of course. __________________ Unimog 406 XJ with a bunch of stuff put on by somebody else

01-26-2008, 05:02 PM	#1
sarge Pure Bacon Join Date: Jan 2007 Location: Trenton, Oh Posts: 1,098	HA !!! that is great advise :confused: :confused: I love when people refuse the field tests and better yet, refuse the BAC test it makes my job so much easier !! and you loose your DL for 12 months period! My in car video still plays in court When you sign to get your DL you are also signing that you will submit to any and all tests asked of you by law enforcement. I field test people every night ! I also let alot of the ones go that I test . A good officer uses field test to judge how intoxicated a drivers is . it is not illegal to drive after drinking ! as long as your not over the limit. A field test tells me if the driver is over or not . Your attorney is a money hungry POS and sure he is going to tell you to refuse and call him . this means more court which means more $$$$$ in his pocket. saying your ABC's backwards is an urban mith and is not used in modern day law enforcement .well maybe on Reno 911. If you get pulled over and are drunk ( and you know when you are ) I would suggest doing everything the officer tells you to and play the odds. If you are truly drunk and get arrested then ... o'well you loose and I bet it wasn't the first time you played the game of ... can I make it home tonight ..... it's like cat and mouse! Now once at the station you are asked to do a BAC test . you are read a 2255 form that advises you that if you take the test and are found to be over the legal limit and this is your first OVI the max. the judge/state can suspend you DL is 90 days . if you refuse it's 1 year . If it is your second or more .... Well , your a Dumb ass and shouldn't be driving anyway.

01-26-2008, 05:24 PM	#2
94Dodge Truggy EX-Vice President Join Date: Jan 2007 Location: Fairfield, Ohio Posts: 3,048	Good advice sarge!

01-26-2008, 06:43 PM	#5
sarge Pure Bacon Join Date: Jan 2007 Location: Trenton, Oh Posts: 1,098	The PBT ( portable breath test) result is not admissable in court because te devices are not calibrated weekly . The PBT is no different then a finger to nose test or NGH or nine steps heel to toe..... If you would have blown a 0.08 % BAC or over the cop could have arrested you on an OVI , however, he had just told you that he didn't think you were over the legal limit . So if he would ahve arrested you on the PBT reading would have been saying that he was wrong. I would have made you get a ride and parked you vehicle . The Eye Thing .... or commonly called the HGN test . We are looking for the lack of smooth pursuit of the eye ball , and onset of nystagmas(SP?) ( uncontrolled shaking of the eye ) at or before a 45* angle. It is very effective at determining the level of intoxication . Some Officers can call the BAC numbers in the field just from the HGN results.

01-26-2008, 07:52 PM	#7
sarge Pure Bacon Join Date: Jan 2007 Location: Trenton, Oh Posts: 1,098	Go down to the BMV , and pick a DL application and read it . When you sign to get your DL you are signing the consent to take any warranted test requested by LE. I really hope that you don't think COP's is really how it happens ( no offense Wilson ) but damn man ..... it's TV. Lets look at it this way . you get pulled over by me because you were all over the road bouncing off the curbs and ran a mini-van full of kids off the road. I approach your vehcle and ask for your DL and ask if you have had anything to drink this evening . You reply with " nope and I aint taking your stupid tests . this is when I grin and say your under arrest. Now comes court . the judge is going to be reading my report and states the facts and the facts about you refusing to cooperate with one of his officers ( not a really good thing ). Your attorney is already into you for what ..... about $1500.00 . All your attorney can say is .... you were not drunk . And the Judge says... then why did you refuse the test ?????? HMMMMMM !! Then I get to put my 15 years of OVI practice to the test . Then we schedule a trail , more $$$$ for the attorny and me !! Either way it goes you are the loser $$$$$$$$ , I and most cops could care less in the end who wins or loses. In fact I never check on the outcome of cases. I do not care , I did my Job and that was to get the Drunk off the street. There are bad cops out there that pull people over for bogus crap to try and squeeze an OVI out of it. This is Crap, but what can you do .... there is bad apples in every walk of life. I have only had one person blow under, out of the hundreds that I've tested , and he was so screwed up on pills that he had to be taken to the hospital to get pumped ! I'm not bragging , I'm just very good at determining intoxication level. In Butler Co. if you go to court on a 1st offense OVI and you blew over a 0.08 and cooperated you are very unlikely to get a OVI conviction. You will get a physical control or something else and you will be able to get work privledges. Refuse everything and good luck and may the judge have mercy on your ass. Like I said above , if it's your second or more ........ well thats another story . It's kinda like being under suspension and refusing a BAC test ..... it really doesn't matter you aint got a DL anyway . I can only say that this is how it goes in Butler Co. , Hamilton Co. may be different. Bottom line is .. Attorney's are in this for the money , if you take the tests, you are more then likely going to court twice , once for your 5 day hearing and once for your court appearance . If you refuse then it's trail time and that means at least three court appearences and that means your attorny can charge you more. So you can bet your butt that they are going to tell everyone to refuse . I have several very big attorney's in Butler Co. that I go to , to better my ability to testify in court and behind closed doors they laugh at all the pieces of crap that give them big bucks to get them out of an OVI and have admitted that the above is very true. Believe what you want , but, I have been doing this for a long time and witnessed many refusals and many tests. I would have to recommend that if it's your first OVI take the tests, and save your money for reinstatement fees and impound fees , anything more then your first and it really doesn't matter does it ?

01-26-2008, 08:25 PM	#8
94Dodge Truggy EX-Vice President Join Date: Jan 2007 Location: Fairfield, Ohio Posts: 3,048	I can't afford to drink and drive so I don't!