Wet lab

[Felicia]

So.....I'm a drinker in a Wet Lab tonight for our bar association. I wonder what I'm blowing right now.

Gotta love science. :-)

[Felicia]

[blueeyes]

[bbennett]

Tough gig

[Scott Card]

I wouldn't volunteer for taser training.

[ratagonia]

I wouldn't volunteer for taser training.

That's why they get you drunk first.

Felicia - when they mention how much fun Taser's are, just say "NO".

[Felicia]

That's why they get you drunk first.

Felicia - when they mention how much fun Taser's are, just say "NO".

I will certainly say no! I'm not interested in getting zapped.

During a period of three hours, I had nine Captain & Diet drinks. I was able to complete the FSTs without too much difficulty, although I was far from perfect. I blew a 0.10.

What I found interesting was how subjective the results of the FSTs are as it is the officer's opinion of what he observed.

[Scott Card]

I just had a client that was arrested for DUI and failed the FST's. Funny thing was, the blood test came back negative for anything. That is right, the officer found that my older female client failed the FST's and must have been on prescription meds. Nope, nada, zip. Yes, there is a wee bit of subjectivity to them.

[ratagonia]

I just had a client that was arrested for DUI and failed the FST's. Funny thing was, the blood test came back negative for anything. That is right, the officer found that my older female client failed the FST's and must have been on prescription meds. Nope, nada, zip. Yes, there is a wee bit of subjectivity to them.

Am I right in assuming the blood test is definitive, and the FST is to establish suspicion? ie, you get her off?

T

[Scott Card]

Yep. Case dismissed or rather pled to a minor traffic violation that led to the stop that led to the FST that led to the arrest..... etc. FST's are quite difficult and things like shoes, slope of the test site, wind, cold, nervousness, prior injuries (pain), flashing lights, which leg they tell you to stand on....etc all can have a negative impact on a person's ability to do the tests, none of which is related to being intoxicated. One day I will test you all at Freeze fest --before and after the campfire.

[bbennett]

Yep. Case dismissed or rather pled to a minor traffic violation that led to the stop that led to the FST that led to the arrest..... etc.

Any compensation for false imprisonment?

[Scott Card]

No, she was not interested in that, just getting the experience behind her and going on her extended vacation with her husband.

[Felicia]

Any compensation for false imprisonment?

How do you get to "false imprisonment"????

She was stopped for a minor traffic violation that led to the FSTs that led to the arrest.

If you do not want to get stopped, do not provide the officer with probable cause to initiate the stop. It is not enough to stay out of trouble, you should also stay out of the appearance of trouble. And although you are innocent until proven guilty, you spend a lot of time and money being guilty until proven innocent.

[bbennett]

By that logic and your own admission that FST's are substantiated by a law enforcement officer's "opinion", we should all accept that we can and will be arrested and thrown into jail without cause. Failed to use your turn signal- off to jail with you. I admit that there are far more well intended officers than those who are not. However, it is a fact that there are many in law enforcement that will not think twice about abusing the civil liberties of anyone that they see fit. Do you honestly think that it's okay to imprison someone based solely on opinion? How would you like to spend a weekend in jail because some police officer was under the opinion that you were intoxicated and a judge would not be available to set bail until the beginning of the work week? Should an innocent person be allowed to seek restitution for the humiliation of arrest and the terror of confinement with real criminals? I hate to think of my mom having to endure such a hardship.
If nothing else, I believe that some sort of chemical test should show evidence of intoxication before an arrest can me made. But, that's just me.

[Scott Card]

There is a system in place for these types of claims. They are not easy to pursue. I have only had a few clients go that direction. Some have been successful others the benefit of the doubt went to the officers. In the case I mentioned, the real problem was the over zealous lady that called in the "driving pattern". I think the officer came on the scene with a perception of someone being really intoxicated. Perception is reality in most cases until the blood test showed otherwise.

[ratagonia]

By that logic and your own admission that FST's are substantiated by a law enforcement officer's "opinion", we should all accept that we can and will be arrested and thrown into jail without cause. Failed to use your turn signal- off to jail with you. I admit that there are far more well intended officers than those who are not. However, it is a fact that there are many in law enforcement that will not think twice about abusing the civil liberties of anyone that they see fit. Do you honestly think that it's okay to imprison someone based solely on opinion? How would you like to spend a weekend in jail because some police officer was under the opinion that you were intoxicated and a judge would not be available to set bail until the beginning of the work week? Should an innocent person be allowed to seek restitution for the humiliation of arrest and the terror of confinement with real criminals? I hate to think of my mom having to endure such a hardship.
If nothing else, I believe that some sort of chemical test should show evidence of intoxication before an arrest can me made. But, that's just me.

Sounds like a lot of movies and L&O episodes in your brain-space, bbennett.

These days, a whole lot less of that, for us white folks, than there was before. At least, for us short-hair types.

The FST is a crude filter, and is meant to be so. Make a quick field evaluation, then have the "winners" blow into the machine. Don't most police cars have a breathalyzer on hand? I don't know, I passed the FST (sorta). Thrown in Jail for the weekend with child molesters and junkies? That's a bit over the top. I don't know, I'm sure Scott does, but without blowing over the limit, or refusing the test (==to failed the test), I don't think you're spending time in the clink, though you may get a ride downtown. (Seems much easier to have the breathalyzer in the car).

So, concerned about that stuff? There is an organization that works hard to keep the police playing by the rules, calling them to the mat when they overstep the legal bounds. Perhaps you should join --

http://tinyurl.com/protectourrights

Tom

[bbennett]

Not sure what L&O is, but I roll my eyes in your general direction just the same

BTW: A breathalyzer is considered a chemical text and (IMO) supports due cause for arrest. Opinion alone does not.

[ratagonia]

Not sure what L&O is, but I roll my eyes in your general direction just the same

BTW: A breathalyzer is considered a chemical test and (IMO) supports due cause for arrest. Opinion alone does not.

Law and Order (dun dun)

You can be arrested for various things that fall into the category of opinion. Dangerous driving, disorderly conduct, driving while black, etc. etc. Getting arrested is not all that hard. Convicted... a little harder.

T

[Felicia]

Not sure what L&O is, but I roll my eyes in your general direction just the same

BTW: A breathalyzer is considered a chemical text and (IMO) supports due cause for arrest. Opinion alone does not.

Law & Order is my favorite background noise - the show has a beginning, middle and an end, all in one hour.

With regards to driving under the influence, the entire process will vary from state to state, and agency to agency. Everyone is entitled to a form of bail be it OR (own recognizance), signed citation (your signed traffic ticket), cash bail, or bond. Generally, with a DUI allegation, a person is only detained in custody if the defendant is unable to take care of themselves or does not have anyone to be responsible for their care and well being.

[dmMatrix]

Those guys look serious