I was on a DWI jury once and the defense attorney suggested we do our own walk and turn test in the jury room. Each and every one of us failed it. That plus the fact that the officers both testified that the nystagmus test only meant that the defendant had been drinking and not that he was impaired. The jury instructions very specifically said and both lawyers agreed that the standard was impairment. So if nystagmus isn't evidence of impairment and 6 perfectly sober jurors all failed the walk and turn, we acquitted for reasonable doubt.
@WilliamTaylorIII
9 ай бұрын
Those field tests are DESIGNED to fail
@TalkingGIJoe
9 ай бұрын
People have a very powerful fundamental right in this country that could change things overnight … if the people would just exercise the right. The problem is that the vast majority of the people have never even heard about this right. And that is not an accident. I am talking about jury nullification. I suspect few things strike more fear into the hearts of a statists than the idea of the people learning about this fundamental right. I am not going to address the entire subject. It has too many moving parts. But you really just need some basics. Today I will explain what jury nullification is, show you how powerful it is, and then show you how the Courts have screwed us all once again on this topic. So, as the non-native English speaker might say, “let’s please first to begin.” Let’s get a working definition. What people mean when they say “jury nullification” is generally, that the jury has a right to acquit a person who technically violated the letter of the law. Thus the law is “nullified”. It is undeniable that juries have the RIGHT, in any criminal trial, to render a verdict that IGNORES the “law” as it was “given to them” by the judge. Here is what John Jay, as chief justice of the Supreme court told a jury in 1794 on exactly this issue. It may not be amiss, here, Gentlemen, to remind you of the good old rule, that on questions of fact, it is the province of the jury, on questions of law, it is the province of the court to decide. But it must be observed that by the same law, which recognizes this reasonable distribution of jurisdiction, you have nevertheless a right to take upon yourselves to judge of both, and to determine the law as well as the fact in controversy. It cannot be any clearer. Juries have the right. Here is another example that is in the text of the Alien and Sedition act that was WRITTEN IN 1798 by our holy founding fathers themselves, They put the language in the statute itself! source: www.thetruthaboutthelaw.Com/jury-nullification-is-a-game-changer/
@UserR2D2-je6nb
8 ай бұрын
the field sobriety tests are not pass/fail. They are simply an evidence gathering tool. Do not answer questions, do not do tests. Do not consent to searches, Record everything, get a dash cam.
@Debbie6666
8 ай бұрын
@@WilliamTaylorIIImy balance is not good to begin with, I don't think I would pass and I'm stone cold sober
@oldtimefarmboy617
8 ай бұрын
@@TalkingGIJoe Jury has the right to determine both the law and the facts U.S. Supreme Court Georgia v. Brailsford, Powell & Hopton, 3 U.S. 3 Dall. 1 1 (1794) Georgia v. Brailsford, Powell & Hopton 3 U.S. (3 Dall.) 1 "But it must be observed that by the same law which recognizes this reasonable distribution of jurisdiction, you have nevertheless a right to take upon yourselves to judge of both, and to determine the law as well as the fact in controversy. On this and on every other occasion, however, we have no doubt you will pay that respect which is due to the opinion of the court: for, as on the one hand, it is presumed, that juries are the best judges of facts, it is, on the other hand, presumable that the court is the best judge of law. But still both objects are lawfully, within your power of decision.” --John Jay, first Chief Justice, U.S. Supreme Court, 1794 "The jury has the right to determine both the law and the facts." --Samuel Chase, Supreme Court Justice, 1804 U.S. Supreme Court Horning v. District of Columbia, 254 U.S. 135 (1920) Horning v. District of Columbia No. 77 Argued November 8, 13, 1920 Decided November 22, 1920 254 U.S. 135 " The judge cannot direct a verdict, it is true, and the jury has the power to bring in a verdict in the teeth of both law and facts." --Oliver Wendell Holmes, Supreme Court Justice, 1920 “The law itself is on trial quite as much as the cause which is to be decided.” Harlan Fiske Stone, Chief Justice U.S. Supreme Court, 1941 UNITED STATES v. DOUGHERTY (1972) UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT 473 F.2d 1113 (1972) "The existence of an unreviewable and unreversible power in the jury, to acquit in disregard of the instructions on the law given by the trial judge, has for many years co-existed with legal practice and precedent upholding instructions to the jury that they are required to follow the instructions of the court on all matters of law. There were different soundings in colonial days and the early days of our Republic. We are aware of the number and variety of expressions at that time from respected sources -- John Adams; Alexander Hamilton; prominent judges -- that jurors had a duty to find a verdict according to their own conscience, though in opposition to the direction of the court; that their power signified a right; that they were judges both of law and of fact in a criminal case, and not bound by the opinion of the court." --JUDGES: Bazelon, Chief Judge, Leventhal, Circuit Judge, and Adams, Circuit Judge, United States Court of Appeals for the Third Circuit. Bazelon, Chief Judge, concurring in part and dissenting in part.
@MaydayAggro
10 ай бұрын
A kid was arrested for DUI because he forgot to stop his steps at nine. He blew 0.00, and the blood test came back negative. At the time of the arrest, he said "You are going to regret doing this because you KNOW I am sober." He then won a settlement in a lawsuit and forced the cop to apologize.
@PilatesbyGina
10 ай бұрын
At what point are cops going to stop trying to nail someone for something they didn’t do? People have to continue to sue and fight back legally to make changes happen. The old MADD org likely lobbied and pushed a lot of these tests and laws thru. At least that’s my theory. 🤷🏻♀️It’s time to reassess how they handle traffic stops for potential drugs and alcohol use. Body cams show plenty of evidence imho-why are they not shown in court? Even kindergarteners can tell when a person is on the sauce😂
@marcusbennette8454
10 ай бұрын
I saw that video. I was wondering what the outcome of that lawsuit was.
@kf91274
10 ай бұрын
Yeah ok lol.
@commonsenseapproach101
10 ай бұрын
can you post a link to this reply? I like to see this. @@marcusbennette8454
@jeffinphx517
10 ай бұрын
He was a division three wide receiver.
@markatkinson9963
9 ай бұрын
I just served on a jury about 2 weeks ago and this was exactly what happened. Fortunately for the driver, we believed that the officer made a bad stop and tripped this guy up. Found not guilty. Didn't even ask him if he had been drinking? All those dirty little tricks, they did. This is a great video and a lesson to be learned. Don't drink and drive people.
@mikivanduyn9630
9 ай бұрын
@@BerthaLynn7no...they did let an innocent person go... learn how to 📚 read.
@chipm2544
9 ай бұрын
Based on the incomplete information, sounds like that may have been the outcome.
@chipm2544
9 ай бұрын
You say “they let an innocent person go”. That is not what was written above. The info. is lacking, does sound questioning on the adjudicated outcome.
@jgunther3398
8 ай бұрын
@@chipm2544 A DUI arrest is not a reason to think the person was intoxicated. They drive around looking for reasons to pull people over, like no seat belt or no signal, or a light out, and then they turn that into a DUI arrest. If a person is too intoxicated to drive it's not a subtle thing! The tests let the officer pretend it is a subtle thing so he can fail everybody and have probable cause to arrest (as the video says). In my small town you will get pulled over if there's any excuse to, and i have never once seen anyone pulled over where a tow truck didn't show up a few minutes later. It happened to me, and i was stone cold sober, i acted stone cold sober, and my blood test came back nothing found. The police report sounded like I could barely stand up and was about to overdose on every drug there is. The reason for that was so if my blood test came back with anything at all they'd have a case. I got pulled over for no seat belt.
@doesnotFempute
8 ай бұрын
@@BerthaLynn7 there's no prize for being the biggest boot lic'ker
@charlesbaldo
7 ай бұрын
I was pulled over recently and told the officer I had Covid and was returning from the pharmacy. He couldn't let me go fast enough
@0INFERNO1
10 ай бұрын
As a wise man once said, "It's no longer a sobriety test, it's an agility test and I'm gonna fail that."
@nutbastard
9 ай бұрын
Ron White
@craftsandstuff3349
9 ай бұрын
I'm thinking more, SYTYCD.
@joshuaperrine2019
9 ай бұрын
It has more to do with following/comprehending directions.
@0INFERNO1
9 ай бұрын
@@joshuaperrine2019 Either way, my clumsy body or ADHD brain, I'm screwed.
@dawncarson2279
9 ай бұрын
With my knees and my body I'd fail without a drink in my system. I don't smoke Mariana. I could never pass a field sobriety test. Just had two separate cat scans on both knees. Both more require MRI's. It's seriously an unfair system. I feel for ppl getting pulled over for this crap. As I sit here with a heating pad on my knee. Neck surgery, shoulder surgery, and many more, I couldn't follow that open if I tried. How ridiculous. Not many older ppl could pass. You must be very agile to stand on one foot. ABC's fine. Counting fine. Other than that, no deal for me.
@Swervin309
9 ай бұрын
Remember, folks: You can't talk your way out of an arrest, but you CAN talk your way into a conviction.
@usakicksass
9 ай бұрын
Words of wisdom that is true of all police encounters. Just public safety they're not Nazis.
@user-vh9hs4qe7r
9 ай бұрын
👍👍💯
@Redandranger
9 ай бұрын
@@usakicksass "Just public safety they're not Nazis." Maybe where you live. I've seen some terrible stuff happen to people at the hands of police. Even worse if you actually get arrested and are behind closed doors. I saw cops punch some drunk guy in the mouth because he was drooling from some stitches he had on his lip from a bar fight. They hit him while he was cuffed behind his back. Same guy turned and hit me in the side of the head when I asked him to stop beating the handcuffed dude. That's not about safety.
@williampankratz600
9 ай бұрын
I call that kidnapping and auto theft
@miketyson1717
9 ай бұрын
You certainly can talk yourself out of ending up in jail while waiting for bond to be set, sadly, the police have discretion. Say you are riding a stolen bike and have drugs on you, cop has plenty to take you to jail, if you remain silent you will go to jail. However if you agree to make a statement, a possibly incriminating statement, against whoever you got the bike from, or where you got drugs from, you may avoid jail but not charges. Which is silly but it is how it works, and you shouldnt make a statement and shouldnt incriminate yourself or others, however, its not quite true to say cooperation cant keep you from being attested. It sucks.
@scotblair3717
9 ай бұрын
"Everything you say is an audition for an arrest." 😂 That's brilliant!
@christarwitch
8 ай бұрын
I was pulled over in Anaheim CA while on vacation some years back. I was pulled over on an empty highway and told it was because I was drifting in my lane. The lanes all have rumble strips to alert you if you do. Never drifted far enough to hit them. They asked a bunch of questions. I complied. Admitted to drinking and told them how many drinks I had and over how much time. I was asked to do a field sobriety test. I never asked them to repeat instructions and performed all of the tasks well. I passed. I was specific and brief whenever I answered questions. They then asked me to take a breathalyzer. I asked what would happen if I refused. They said they would just arrest me right now. I said, "Well then, I will submit to taking the breathalyzer." I blew below the legal limit. Almost half. Nothing more to say, right?. They still gave me a hard time and said they were hesitant to let me go. Umm... what? Why are we still talking?
@srsmithco
6 ай бұрын
I don't drink so if some smartass cop wants to tango we can! I believe in lawsuits.
@kenprice1961
6 ай бұрын
Oooo this clown thinks he "knows" it all. Nice "try" Stymie.@@srsmithco
@scarletmacaw
6 ай бұрын
@@srsmithcoyou don’t necessarily have to drink alcohol. DWI can be for “driving while intoxicated” on anything (legal or illegal substances or medications).
@tylermorris6700
6 ай бұрын
Your still talking because the police in this country are a corporation out for revenue now and all and any arrests lead to revenue for your local and state government and because our parents parents allowed them to gain to much power over us that they now think it’s ok and they get no repercussions for harassing and charging law abiding citizens with violations and rules that you then turn around and give them your hard earned income for we have become so complacent that we are viewed as chalf cattle to be extorted and manipulated to no end
@joemerkel20
5 ай бұрын
DWI is driving while intoxicated and DUI is driving under the influence (of anything). Usually DUI is between .04-.07. Bottom line, don’t say ANYTHING after handing license and insurance if you have been drinking.
@readytogarden999
10 ай бұрын
Several years ago I got pulled over, for driving an ugly car in a fancy neighborhood. I hadn't been drinking and I don't do drugs. I had negative breathalyzer. They pulled me out for field test. I failed it. Went to jail they forced to to take a blood draw. I sat in jail a few hours . They released me. I took a cab back to my car. When court time came suprise suprise. The blood results didn't make it to court. This went on several times before the jidge dismissed the case. Crooked crooked police.. Temecula California
@jeremiahwarren2603
10 ай бұрын
Part of your story doesnt add up - the :fancy neighborhood in Temecula part
@gregoryfrickey1715
10 ай бұрын
MIND BLOWING
@gregoryfrickey1715
10 ай бұрын
AFTER WORK COPS GO TO BAR AND GET HAMMERED, AND LAUGH ABOUT THIS STUFF
@bustdamatrix8189
10 ай бұрын
You might have forgot the with the lawyers and and the judge part. @@gregoryfrickey1715
@deanmanuello9036
10 ай бұрын
Also they cannot take your blood unless you sign a release form that allows them to.
@MrDibbons
10 ай бұрын
When attending the California Highway Patrol Academy in 1982-83 (Bryte, California) we were taught not to use the term "failed" the test but rather to use the wording "did not perform the test as demonstrated". I resigned from the South Los Angeles CHP Office within a year when it became apparent I was the most honest officer on the job, which caused personality conflicts with some other officers not so forthright as myself (LOL).
@StephenB2005
10 ай бұрын
Didn't pass probation, huh??
@mrod3470
10 ай бұрын
Oxymoron = Honest Officer
@MrDibbons
10 ай бұрын
@@StephenB2005 Correct, graduated valedictorian in CHP class of 140 cadets in 1983 and did not ""pass" probation. Then was hired by United States Border Patrol and graduated valedictorian in class of 50 cadets in 1985. I was then promoted three years in a row, the fourth year to Senior Border Patrol Agent. The Border Patrol was advertising in their recruitment efforts at the time as having a common "esprit de cours".
@BackwoodsFilms
10 ай бұрын
No such thing as an honest cop. They're either corrupt, or complicit in the corruption of other cops, which makes them just as guilty. They are trained to use power and intimidation to make people give up their rights. Cops are well within their rights to lie to citizens in order to get them into handcuffs and behind bars, and every arrest they make helps them to get promoted and make more money, so why would anyone EVER trust a cop? I know I wouldn't.
@jamescook6564
10 ай бұрын
@@MrDibbonsesprit de corps. Spelling.
@markmcsw
9 ай бұрын
This was an excellent video. I was a public defender in Missouri for 5 years and had a lot of those cases, and every police report for DWI had those catchphrases. "I smelled the odor of an alcoholic beverage on or about his person...slurred speech... bloodshot, watery eyes." The only way to challenge a report like this is to not drink/be drunk and then drive, and even then you may be taken in. On the other hand, if you really are drunk, you're screwed. The funniest police report I ever saw was one where the officer asked the person to say the alphabet and he replied "A, B, C, D, oh shit I'm drunk."
@phillhuddleston9445
7 ай бұрын
I had a cop use pull me over and it was taking a long time to run my plates so I looked in the rear view mirror a few times to see if he was done and coming back because it was winter and I had my engine shut off. He came back and asked to search my car for drugs, I asked why and he said I was acting suspicious because I kept looking in my rear view mirror. They will use anything as an excuse so don't make it easy for them.
@justinmiller5660
10 ай бұрын
You don't need any violations to fail a test. You can do everything perfectly and they just say you failed.
@OlRuss-ki8go
9 ай бұрын
They used to ask you to say your alphabets backwards. Knowing if your dumb enuf to try " you are drunk "
@Daniel-tj2wm
9 ай бұрын
You could just not drink at all and then not have anything to worry about. If you do get a DUI, then you have grounds for a lawsuit, and then you can get paid for your troubles.
@bethewalt7385
9 ай бұрын
Because it isn't pass/fail to begin with, EVER, first, always refuse to do roadsides, period full stop, it's about following directions and listening not the 9 steps, leg lift, blah blah.....
@270calex
9 ай бұрын
That's exactly what I tell prospect clients. The field sobriety test isn't a test, it is the officer asking you to give them more evidence to incriminate you and help the prosecutor's case. I have done over a thousand consults with DWI prospects, and I can count on one hand the cases where the officer let the person go and told them they passed.
@ballasog
9 ай бұрын
@@OlRuss-ki8goI can do it. Then I would ask him to do it and if he refused or failed I would tell him I was making a citizen's arrest.
@willwilburn9473
10 ай бұрын
I chuckle out loud and say "I haven't had a drink of alcohol in over 25 years, pretty sure I could not be intoxicated from a drink I had 25 years ago". That takes the wind out of their sails every time.
@bl8388
9 ай бұрын
Why would they believe you?
@Redandranger
9 ай бұрын
"I haven't had a drink of alcohol in over 25 years, " I bet they get that line 3X every shift.
@1retiredknight
9 ай бұрын
You know drunks aren't the only impaired drivers on the road,right? A ridiculous number of people, especially seniors, drive around after taking one or more prescription medications that come with warnings against driving while using them
@SicilianAmericanDreams
9 ай бұрын
@@1retiredknightthats why when you blow 0 that's when police suspect pills
@kenbob1071
9 ай бұрын
And then the cop says, "Why am I smelling alcohol on your breath?"
@jsnthurst1
7 ай бұрын
Another thing to consider, at night they will likely have their headlights to their back, in your eyes. Their flashing strobe lights making you dizzy, throwing you off balance and distracting you. Field sobriety tests are risky.
@BeefT-Sq
7 ай бұрын
If you don't risk addiction, cancer and ruin by using alcohol, you won't have to do a field sobriety test. I knew an old lady who had one leg thanks to a drunk driver. I bet she'd have a hard time performing a field sobriety test. Same for a former drunk driver I knew, who spent the rest of his life driving a wheelchair.
@ryanhobbs79
6 ай бұрын
Why can't everybody be required to blow? Isn't that test accurate? We can skip all these games and get right to it. Is the BAC too high or not? If not, have a good night!
@tb41406
6 ай бұрын
@@ryanhobbs79Shhhh, youre making too much sense for the drinkers
@muscleman125
5 ай бұрын
@@BeefT-Sqbro you need to delete this comment. I could find 3 videos of totally sober people being arrested for DUI. I even have a personal experience of being completely sober and being given a roadside test, being hassled for 30 minutes at 1:30 am in the middle of the mountains, and then finally released when I proposed to take a breathalyzer and blood test to prove I am sober. There are dirty, evil, corrupt people out there and a LOT of them are in positions of authority. I later realized by the way they handled the whole interaction, they knew I was sober, at worst they were trying to trip me up, and at best they were simply bored on the night shift and wanted to harass someone.
@WayneKeen
2 ай бұрын
@@ryanhobbs79 I have read where the roadside test is of questionable reliability. In addition, I have seen several news stories where police departments have officers who have gone through training to be "Drug Recognition Experts" and the department basically says that if their DRE thinks you are impaired, and the blood test comes back clean, the blood test is wrong.
@jasonbrindamour903
8 ай бұрын
I just watched a DUI arrest in which a young lady was being arrested and she asked the cop "Why, did I fail the tests?" His reply was exactly "There is no pass or fail". It's all just evidence.
@JTEllis
10 ай бұрын
Good information in this video. I've been a retired cop for 24 years. Field sobriety testing came along in the latter years of my career. I never had any training on using them and didn't try to. On any traffic stop, be polite to the cop it goes a long way. And if a young cop asks you to recite the alphabet backward as part of a sobriety test. I would say go ahead, your lawyer will love you for it. Because when he gets to court, he is going to ask the cop to do it in front of the judge. And my best piece of advice is if you are going to have a drink and drive. Stop at one drink. Or better still, don't drink at all.
@rosaliegutierrez1879
10 ай бұрын
My children and I have learned the alphabet backwards as a fun party trick !! lol
@johngalt97
10 ай бұрын
Yes, remember that LEO's are human, despite their claims of being super-human. But, perhaps instead of being worried about politeness, we should get rid of most of our laws, especially the ones which provide LEO's wide latitude to 'punish' us for perceived impoliteness. The fact that LEO's are allowed to lie in essentially every aspect of any interaction with their fellow citizens means we should never allow for any politeness to matter. The rub to that is that many LEO's will interpret non-engagement as impolite, and punish for it.
@gimmeaford9454
10 ай бұрын
the problem with all that is, the test is designed to fail you no matter what and YOU are stuck with lawyers fees. YOUR own tax dollars are being used to prosecute you while when you WIN to get it thrown out the pig who caused the whole problem is protected by qualified immunity and will NEVER have anything happen to them, EVER. I just hand over my stuff and dont say a single word while making it obvious they are being recorded with multiple cameras.
@MJ-ug5mo
10 ай бұрын
@@johngalt97respect is earned not given just because you have a badge. Cops only want to do you harm by either physical or ruining your life. They are rarely there to actually help you. Pulling you over is only to take from you.
@PetrolJunkie
10 ай бұрын
Eh, I tell the officer that I'm dyslesic and if he forces the issue I'll attempt it and then file an ADA lawsuit. Using someone's handicap against them as evidence has a well established case history of not working out for the prosecution. I also have a speech impairment, so sluring and other verbal evidence is not going to work out well for them either. I've been arrested for DUI twice, I don't drink alcohol, ever.
@sogosensei
10 ай бұрын
Being a former officer I can tell you with great confidence, this guy has it nailed. Every test's failure/pass is up to the officer's judgement and they're told when they're trained ... any deviation during the test even to the slightest gesture or millimeter gets counted as a fail. If they ask you to step out of the vehicle, they're motivation is to take you to jail. Nothing else. Provide your license and proof of insurance, then invoke your 5th Amendment Right. Consent to NOTHING. Worst case scenario you have to go to jail, get processed and bail out. While that is traumatic enough within itself and usually only amounts to a few hours, it's better than having the false facts stacked against you almost ensuring a conviction later on. Any good attorney will tell you precisely what this guy is saying. So listen up good.
@coryCuc
10 ай бұрын
Couldn't have said it better myself. So true.
@eisbeinGermany
10 ай бұрын
but this all goes about all cops are corrupt, show me just one honest cop, it goes about "money" the more arrests he or she has up her sleeve the bigger the chance of being hailed as a good cop, and getting promoted, there are maybe a few good cops, but those who are keep quite when seeing bad cops act out so as not to be hailed as a copout, and some "good" cops act with the corrupt cops,
@superleggenda
10 ай бұрын
False facts is not a thing. It’s either facts, period, or lies. But the point remains: drinking and driving don’t mix well.
@eisbeinGermany
10 ай бұрын
@@superleggenda i agree 10000 %, do not drink and drive, but many people are arrested just because of being a difficult driver,
@Maldoror200
10 ай бұрын
@soogosensei..Curious, why a "former officer"..??
@Shadow3ffect
3 ай бұрын
I got my 2nd DUI in June of 2020. And today I’m celebrating 47 months Sober
@deebee4575
18 күн бұрын
To celebrate your deserve a couple of beers…
@gaiustacitus4242
6 ай бұрын
I recall when my oldest daughter was pulled over and admitted to having one glass of wine over the course of a two hour dinner. Well, it was a mandatory arrest. The officer let her call me using his cell phone on the drive to the jail. She was obviously not intoxicated. My wife and daughter met with three DUI attorneys. The lowest price quoted for representation was $6,000. All three of the attorneys informed my daughter that she would lose her license for one year, but they could keep her from serving time in jail. I served as consigliere on my daughter's behalf and had the case dismissed. It still bothers me that I had to resort to using corrupt practices to clear an innocent person, but such is the nature of our corrupt system of justice.
@joe_87
3 ай бұрын
whats corrupt about it? lol
@thenikonnomad
10 ай бұрын
A friend of mine in California got pulled over a few months ago, 68 yrs old, they did roadside sobriety test despite his age and disabilties, and he passed, then they used a breathalizer, passed that, and they arrested him anyhow, locked him up overnight, no phone call, turned him loose next day and dropped all charges. I told him he should sue but he's scared of them and what they'll do if he does.
@danirocket21611
10 ай бұрын
That's awful
@mikelemoine4267
10 ай бұрын
My FIL got pulled over a few times as people had reported a possible drunk driver. He was much older than your friend and was just becoming a bad driver due to poor eyesight and declining health. Another time when he was going to go hunting early AM and it was foggy, he was straddling the line on the edge of the road because he couldn't see in the fog and the cop thought he might be drunk for doing so. They always released him when they figured out he was just old and not drunk, but he lived in a small town and the cops probably all knew him and knew he wasn't a big drinker. I wonder if they took your friend in for weaving or something similar more so to avoid risking an accident versus actually thinking he was drunk. If they release someone who passed and they crash, then they are under scrutiny. Not sure it was the right thing to do, locking an innocent person up, but it could be an explanation if they had concerns over his ability to drive safely for any reason. Might have been nicer to just drive him home instead considering he passed the test and was not violating the law.
@thenikonnomad
10 ай бұрын
@@mikelemoine4267 you're not sure if locking an innocent person up was the right thing to do??? I can assure you, it's definitely not the right thing to do.
@jamesorth1521
10 ай бұрын
Living scared is not living.
@jamesrowden303
10 ай бұрын
For no reason? I call shenanigans on that. He probably had a warrant, and/or resisted , and/or unlicensed/felon registered gun and/or some other thing. The charges may have been dropped, but for no reason at the time? Pull the other one, it's got leprechaun bells on.
@DennisBraspenninx
10 ай бұрын
Practically every officer will attest, off the record, that the field sobriety test cannot be passed by anyone at any time. I failed one, was arrested, taken to lock up, had mug shots taken, my car was impounded, and I tested stone cold sober.
@timeWaster76
10 ай бұрын
WRONG as you can be I passed it when I was drunk .....
@phlodel
10 ай бұрын
I passed one. The cop gave me a different one and I passed it. Then another test. and another. I finally got tired of it and asked "Are we going to keep doing this until I make a mistake and you arrest me?" The cop told me "That's right."
@theoriginalDAL357
10 ай бұрын
@@phlodelReally? That’s an example of a punk with a badge.
@phlodel
10 ай бұрын
@@theoriginalDAL357 When I told him "Let's go to jail and get a blood test," he let me go.
@timeWaster76
10 ай бұрын
Cool how much did you get in a settlement .... @@phlodel
@tv92taylor
8 ай бұрын
Prosecutor here: This is probably the most reasonable and well-balanced video on this topic that I’ve seen from a defense attorney. I will point out one thing that is worth considering though. At ~9:30 he says he has rarely ever seen a police officer let someone go who has been drinking at all. This is a sampling bias issue. Defense attorneys and average people don’t see these cases unless someone actually gets arrested. Virtually none of the times when police do let people go will ever make it on the radar. Only the police officer and the person who was pulled over actually know about it. I can assure you it happens a lot more often than we might think.
@SaraMKay
7 ай бұрын
it's difficult because EVERYTHING is recorded on body cam and available for anybody to watch -
@mostlyvoid.partiallystars
7 ай бұрын
@@SaraMKayactually no, at least in Alabama, the police in multiple cities are refusing to cede body cam footage on FOIA requests. So, footage might exist but it’s def not publicly available.
@JohnS-er7jh
9 ай бұрын
11:00 not enough attorney's talk about physical limitations to taking a field sobriety test. Thanks for bringing this up. I don't drive at night much anymore (i used to do it a lot), I am lucky I was never stopped/asked to do a FST. Because of physical limitations I would FAIL 100% of the time, stand on one leg, heel to toe nonsense (I don't drink alcohol at all) but I could never pass that test. Even doing the verbal part I am sure I would fail that as well (I always would have verbal flubs in school when randomly called upon and not knowing what I was going to be asked next), I am just the nervous type (especially if standing on the side of the road with vehicles speeding by).
@I.____.....__...__
7 ай бұрын
The NHTSA tests are specifically RIGGED to fail sober people. That's why cops NEVER do the full test when demonstrating it, they only ever do a truncated version.
@solo741
10 ай бұрын
I took the field sobriety test and when the cop decided to place me under arrest I asked him if I failed it, he said I barely passed 😂. I said isn’t it pass/fail? Then he offered to drive me home, pass or fail, if I took the breathalyzer. I couldn’t get off the fact that he said I “barely passed”. How tf am I going to trust him to take me home if I took the breathalyzer. I refused, he arrested me and it cost me 7k and a plea deal for a lesser charge. My lawyer said it was all about money. Oh one last important piece of info is the arresting officer was a friend of my ex gf. I don’t live in a small enough place for that to be a coincidence.
@MikeMiasuki-vy3xx
10 ай бұрын
That one fact should have been enough for the judge to throw out your case. The cop was stupid to put himself or herself in that position.
@JohnBaker3000
10 ай бұрын
9 out of 10 cops are crooked. As you said, it's a big money making machine for the courts, the cops, the judges and the corporate prison system.
@davidlane256
10 ай бұрын
@@MikeMiasuki-vy3xxI’ve never accused cops of intelligence.
@xuto2693
10 ай бұрын
@@MikeMiasuki-vy3xx Judges are in with cops, always remember.
@eisbeinGermany
10 ай бұрын
hhehehehehehe, barely passed, meaning. .0075, or .0079,lol, stupid cop, or corrupt cop, what lesser change do u mean,
@Brabdog
10 ай бұрын
Well said, a traffic stop is “an audition for an arrest.” The officers are just looking for enough evidence, I.e. probable cause, to arrest you. Initially what they need is sufficient evidence to take you into custody to get a warrant for a breath or blood test back at the station. Therefore: 1) Never admit to having had a drink earlier in the day, it will be used against you. Often an officer will tell a driver they smell alcohol on their breath, and the driver feels compelled to provide an explanation, like they had a drink earlier in the day. Don’t do it. The officer may be lying and fishing for an admission that you’ve been drinking. 2) Don’t agree to perform the field sobriety tests, if voluntary in your state. They will be used against you. In our state, field sobriety tests are not exculpatory, meaning that you can still be arrested even if the tests are done perfectly if the officer otherwise thinks you’re drunk.
@tommarks3726
9 ай бұрын
I think once they hit those lights, their minds are already made up, arrested before your car stops. lol. Great advice sir and thank you.
@danielscuiry2847
9 ай бұрын
I was once pulled over late night. I had not been drinking. I told them I hadn’t slept in several and was falling asleep at the wheel. I passed all their sobriety tests and at they end they were astonished. They were almost apologetic. I thanked them saying they may have saved my life. That was it.
@I.____.....__...__
7 ай бұрын
You got extremely lucky that this was a long time ago and/or you had a rare non-corrupt cop. We've seen many videos of corrupt cops arresting people who blew 0.00 and aced the sobriety-tests. Moreover, I'm amazed that they didn't latch onto you admitting to being drowsy at the wheel which IS an offense and jump at the chance to arrest you. 🤨 🤯
@andrewvanness1473
Ай бұрын
Driving after not sleeping is still a crime dude.
@IggyStardust1967
10 ай бұрын
"Everything you say is an audition for an arrest." What a way to put that. Perfectly sums it up.
@toddwmac
10 ай бұрын
Great vid...thanks. FWIW, one thing that I do if ever stopped at night is turn on my inside light and have both hands on the wheel. A buddy was a California state trooper and said that one of the worst parts of the job was walking up to a dark car. I started doing that out of respect for the officer, and of the 2-3 times I've been pulled over (in 20+ years), the officer was always appreciative and never ticketed me. Obviously not a DWI specific stop, but might be worth the effort. Also, never, ever be reaching around under or behind the seat looking for your wallet or ppurse while the officer is approaching. If you need to dig around for something, tell them ahead of time what you are doing. So many of the officers now are young, poorly trained, and anxious. No need to raise their anxiety level.
@frankm2588
10 ай бұрын
The one or two times I got stopped i just instintively got my ID out in advance and kept my hands up on the wheel, and light on if night.
@GraemePayne1967Marine
9 ай бұрын
Inside lights on, hands on wheel - that's been my routine for many decades, ever since I worked in security a long time ago. And have my licence, registration, insurance card, disabled placard and Veteran ID accessible. And my cane in plain sight. Especially if I am going to be driving in the dark. But my best advice is, try NOT to do anything that could get you pulled over.
@ashleysanford8645
9 ай бұрын
I turn my light on in the cab of the truck. Not out of respect. But for my own personal safety because I don't want to be shot in the dark!!
@potatojoe370
9 ай бұрын
I have gone as far as to remove the keys from the ignition and put them on the roof. I give police no reason to be nervous. On a side note, I had a new state trooper stop me. He still has his mother's milk on his lip. He did t run my plate. Just walked right up. Small town and all but still, not wise in this world.
@Vedioviswritingservice
2 ай бұрын
This is an excellent lawyer, with some great advise.
@barbrasmerz3846
7 ай бұрын
One thing I think that would also be good to point out is that those with ADHD or who are on the Autism spectrum are highly likely to fail the field sobriety test because we struggle with multi step instructions. Thanks for this info... Hopefully I'm never in this situation, mostly due to good choices 😉
@bobbybarnes1652
7 ай бұрын
ADHD: A made up mental illness to be used to generate big $$$ for big pharma.
@What2B
7 ай бұрын
And the glare and the whistling by of the cars 🤯
@Comicsluvr
10 ай бұрын
I was pulled over once and asked to do a field sobriety test. I'm disabled and have a handicap placard in my car. I also walk with a cane because of nerve damage and bad balance. I explained this to the officer, as well as showing him my cane and my placard. I got off with a warning and considered myself lucky.
@pep590
10 ай бұрын
Good for you!
@ScrappyXFL
10 ай бұрын
I've had to re-learn to walk twice. Managed to get to cane level, "third leg". I'd be f'd on a "field sobriety test", I'd have to look through a few planners to find out how long I've been w/o alcohol. Over 2K days that I know may be over 3K by now. They wanted to kick me out of the rehab learning to walk on a walker... nope... long story short I pissed of a few people while walking w/o a walker
@user-zt5pm1hi6d
10 ай бұрын
Y? Were u drunk?
@ScrappyXFL
10 ай бұрын
@@user-zt5pm1hi6d 🤣 Um, I doubt it. I read what Comicsluvr wrote. I'm disabled and need a walking stick too get distracted by movement so my head is on a swivel and head moves with great peripheral vision so I can still see what's in front of me the whole time, steering may be slightly off. Dad, has the same thing, yet he's in his lane and not pushing into oncoming. We are both cognizant of it. He says I scare him, yet he scares the hell out of me. 😂He was surprised I was that fast going from 50something, hitting brakes, going 90 right hand turn, then another 90+right straight into a parking space at the bank that I did not know the exact location of... copper probably would probably be concerned with that. Yea, dad's been a cop too, he taught me how to drive, 3 on the tree, no power brakes, no powered steering. Either he or I usually are the designated driver. Since HS friends would rely on me even after partying... I had to drive, f' me. That was the joy of learning to drive by a vet and ex-cop. Turn that wheel and maintain control. 🤔
@user-zt5pm1hi6d
10 ай бұрын
@@ScrappyXFL amazing..... cheers and be safe!
@montezuma6962
10 ай бұрын
Always follow the 11 rules of le interaction * Never call 911 or allow le near you * Always record an interaction * Never answer questions * Use a dash cam * Keep lic, reg, & ins in an envelop above the visor * Never perform a fst * Never consent to a search * Never keep cash or valuables in the car * Never pay a fine w/out a court date * Always consult an attorney * Never donate to any le entity
@speedfreak8200
10 ай бұрын
I'm from Orygun, what is this "le" you speak so fondly of ?
@montezuma6962
10 ай бұрын
@@speedfreak8200 law enforcement
@dwaynemaroney7159
10 ай бұрын
I never encountered this nomenclature either but it seems pretty obvious le means law enforcement. Duh
@JB-3794
10 ай бұрын
Well, I was wondering what a fst is. A fist? Don't perform a fist towards a cop. Definitely not.
@montezuma6962
10 ай бұрын
@@JB-3794 field sobriety test
@chaseTheCase9
7 ай бұрын
I’ve been watching a lot of body cams. And I’ve noticed that once you’re pulled over and they’ve tagged you as intoxicated, they are gonna do everything they can to push you to make a mistake so they can bring you in. Now, there are so many I have seen that deserved to be taken in and it does make me chuckle at how bad people are at being decent humans 😬🙃
@Crangaso
9 ай бұрын
Never give LE a reason to arrest you. It's their job to do so & most are trying to catch as many collars as possible.
@vu7419
9 ай бұрын
Unfortunately refusal of the tests guarantees arrest. You'll have to get it dismissed later, but they will arrest you that night, that's why so many sober people take the test.
@Crangaso
9 ай бұрын
@@vu7419 Never advocated refusal of a field sobriety test. Learn to listen carefully & follow instructions exactly as dictated. Only speak when spoken to, with one word or as short as possible answers. Memorize the alphabet backwards & rattle it off as quick as possible when prompted. Most people don't know the alphabet backwards sober. As long as you can hold your composure you're good as gold. I've passed many doing exactly that. Even if you miss a letter or slightly mix up the backwards order the officer/detective will not notice. Possibly ask you to repeat it but will stop you halfway. Ask ppl you know who are sober to recite the alphabet backwards 9/10 can't. It's that simple.
@Xktree72
10 ай бұрын
I was working for a subcontractor on a remodel of an airport terminal. That job required us to work from 9pm-5am. It just so happened that one shift, Friday night/Saturday morning, we were ahead of schedule. I left the airport at around 2:30 and headed home. I was waiting for a left turn arrow at a large intersection, the light turned green, I took off. The next thing I see are lights in my mirrors. I pull over. Two officers approach my work van, one on each side. The officer at my window asks for my documents, which I hand him. I ask why I'm being pulled over. He says "You took off from the light aggressively." Which I didn't, I have tools in the van that I don't feel like having fly all over the place. I said "Define 'aggressive', I didn't break traction, I didn't exceed the speed limit." He asked "So you think those are the only ways you can drive aggressively?" I said "Making a left turn at an intersection from a dead stop, and you turning on your lights the moment I was out of the turn, I'd have to say that I didn't have time to do anything 'aggressive'." To which he replied "Well, you drifted over the line during the turn." I said "THAT'S your definition of aggressive? Why don't you just be truthful and say you're on a fishing expedition for DUIs?" He went to his car to run my info and the other officer asked me "Do you always treat law enforcement this way? " I said "Only if they're being misleading, I mean, which was it? I was driving aggressively or I merely drifted over the line?" He only responded with "Sit tight." and walked away. A few minutes later the other officer walked back to my window, handed me my documents and said "Your good, have a good morning." I'm always respectful to everyone until they mess with me, then, all bets are off.
@JamesEmeryHill
9 ай бұрын
And then you had sex with that cop's wife, right in front of him. And his wife was Brooke Shields, but a young Brooke Shields, and she moaned and said that you do it better than her cop husband ever did. But you didn't want to have to do any of that because you are a humble, tool-belt wearing, blue-collar millionaire who knows about traction and car things kind of guy who backs the blue until they get out of line! Yeah, boy! You the bomb!
@pjdrewll2922
9 ай бұрын
Yup. Working people are frowned on unless they work 9 to 5.... except they don't either😂
@leighanneboles4386
9 ай бұрын
Absolutely
@smokinhalf
9 ай бұрын
You can be polite and still stand up for yourself
@simev500
9 ай бұрын
I bet they were a senior trainer/rookie pair. The senior one stayed to continue monitoring you while rookie went to look for red flags. But being logical in your response convinced senior that a) they had no hat tricks to slip in to make it a plausible dwi, seeing that you could see past whatever they could come up with, b) one could not be incapacitated if you made such observation on how they couldn't logically call your driving suspicious, and c) they would be tasked to do paperwork that is on every cop's required drudge list. So, that traffic stop roused them from a dull night shift and the rookie got some more hands-on experience. You contribution to your local enforcement.😅
@conscientiousobserver8772
10 ай бұрын
Recent story in the news of a college kid who was arrested even though he blew zeros. Cop originally stated that the kid smelled of alcohol but had to change his suspicion to weed. Kid is suing for false arrest. Cop is countersuing for defamation.
@thenikonnomad
10 ай бұрын
I smell alcojuana... STOP TEASING ME!!!
@nickbachman663
10 ай бұрын
Tayvin Galanakis
@MegaMagicdog
10 ай бұрын
I saw that video! I hope he beats the cop in court and wins a fortune! The cop was trying to make the kid guilty of something, even though he hadn't done anything.
@conscientiousobserver8772
10 ай бұрын
@@MegaMagicdog IKR? As long as cops are incentivized to amass DUI arrests, this will continue to happen, especially since they can do so with impunity.
@Mouserjan0222
10 ай бұрын
I mentioned that in my comment above He blew triple zeros and the cop claimed he was on pot. That kid was PISSED!
@Cult-Free_Ang
7 ай бұрын
Lighting and Camera quality is spot on! I’d watch your videos just because of the clarity
@Actias1974
6 ай бұрын
Weird reason.
@obeekaybee4876
6 ай бұрын
My thoughts exactly . @@Actias1974
@padraiggluck2980
8 ай бұрын
I am old. I don’t drink alcoholic beverages. I don’t use drugs, I’m not on any medications. I can’t stand on one foot, I have a balance problem. I was stopped one night (in CT) where the cops were stopping every car at that location. A cop literally stuck his head into my car through the open window to smell for alcohol. Fortunately, they didn’t demand a field sobriety test.
@commonsenseapproach101
10 ай бұрын
In South Dakota, if you fail a physical field test and have any hint of alcohol on you (legal limit is .08 and i blew a .001), the failed field test was my feet were not toe to toe on ONE step as i was on a broken up sidewalk that they forced me on. They cuffed and stuffed me and drew blood(came back 0.0000) and made me stay a night in jail(caused me to miss work the next day) towed my car(160 to get out) and charged me with DUI. I fought it and the SA did a plead deal as the BAC came back zero, of Careless driving(same fine as a 1st DUI of 400 at the time and i couldn't have even a speeding ticket in the next 6 months. I took the deal as the state of SD said "we can prove you were drunk at the time you started your car" I told my lawyer, "how is that possible as i didn't have anything to drink that night, but i had a steak that was made with bourbon butter over 4 hours prior to that" , he said to take the deal and move on, as it would cost over 5k to fight it. So in SD all DUI's are is a money scheme, as you can be way below the limit and still get charged. Same thing happened to a biker in SF, SD. He took it to court and won after 7k to fight it.
@slappy8941
10 ай бұрын
See, that's when you go get a deer rifle and lay up in the bushes at a good spot.
@greyberet1
10 ай бұрын
@@slappy8941 That actually happened in a small town in eastern Ontario a few months back. There was a call made to police about domestic violence, it was a false complaint, when police showed up they were fired upon, one officer was killed on the spot. I’m not saying that this was right, just pointing out that some citizens frustrated by police abuse will snap… Police misbehavior is much worse in the USA, but canada seems to be catching up…
@thomasspringer5187
10 ай бұрын
Could have walked out with three or four notices.
@WarrenGarabrandt
10 ай бұрын
The take-away of this is to never set foot in South Dakota.
@mopbrothers
10 ай бұрын
@@WarrenGarabrandtI live in South Dakota and I hate it here. People are all suspicious and quick to throw judgements.
@lalaland962
10 ай бұрын
What I hate is if I pass a field sobriety test AND pass the breathalyzer, the cops can STILL take me to the hospital for a blood test for my blood alcohol content. That happened to someone I know, and it pissed us off. What else gets me is I'll NEVER be able to pass a field sobriety tests due to problems with balance that have no effect on my ability to drive.
@Daniel-tj2wm
9 ай бұрын
If i ever get pulled over for DWI, i will do everything asked of me. If they chose to arrest me because i failed a test, i will be out of debt and on my way to a nice vacation when the agency pays out my lawsuit. I do not drink, or do drugs. After 51 years I see no point in starting now.
@bertcohen6574
9 ай бұрын
Research "qualified immunity."@@Daniel-tj2wm
@rethinkcps2116
9 ай бұрын
Carry a laminated copy of a letter from your medical provider that attests to balance issue(s.) Or whatever the problem is. It need not be detailed.
@lalaland962
9 ай бұрын
@@rethinkcps2116 That's a good idea. Even though I don't drink and drive, there could well be some situation that makes an officer think I've been drinking. Thanks!
@crooked-halo
9 ай бұрын
@@Daniel-tj2wm You are foolish to perform field sobriety testing! Why would you "do everything asked of me" when _every_ attorney in this manner says _do not_ perform field sobriety tests?! You then _assume_ you're going to win a lawsuit against the police because they arrested you for failing FSTs! LOL! You're delusional!
@tyorintv
8 ай бұрын
I am a police officer who is also a crash reconstructionist (fatalities, crashes involving criminal conduct such an assault with a vehicle, or crashes involving police officers). Most of my fatality investigations are caused by drunk drivers, I absolutely can not stand drunk drivers...buuuuutt... Every person in America has rights and they need to practice their rights. This attorney is correct, if you have been drinking or did commit a crime, stop talking. I won't just ask the robotic cop questions, I start small talk for a reason. I want you to talk so I can detect smells, speech patterns, etc. Politely tell the officer you don't wish to speak. Be polite with the officer, because he is right, it is a popularity contest with the jury. Even with the worst types of people, I try to be courteous and respectful for two reasons, one, even the worst criminals are human and deserve dignity and two, I want a conviction and do not want to give a defense attorney any ammunition. You do not want to give the prosecutor any ammunition. My favorite people are the ones who insult me, tell me I am useless, say "fuck the police", etc...those are the ones I am sugar sweet to because when the video is played for their defense attorney, we don't ever go to court. I am trained on SFSTs as officers should be, considering they are a standard. Sober people never fail SFSTs with me because we are supposed to take all three tests together and make our decision, never basing our decision off just one test. While officers should be using all three tests as a decision maker, some officers are not properly trained and were only shown SFST by a training officer or learned it from some other random officer they work with and they don't make proper arrest decisions as a result. My opinion is, never do SFSTs. I am a cop, I know the SFST instructions to heart, I never drink intoxicated, I would never consent to SFST. Too many departments don't send their guys to actually be trained to the standard. I have never had a sober person fail the overall SFST, but I have had sober people fail the individual portions. No one should ever be failed on the walk and turn or the one leg stand alone. If you are intoxicated, while it might get your license taken up for a short time, I would suggest delaying the inevitable. Refuse blood and breath, make them get a warrant. Yes, there is a math formula we can do to figure out what your BAC was at the time of the arrest, but we have to prove you were going down at the time or know how many beverages you drank (back to the first point, shut up). Also, you might get lucky, I have dropped a DWI to a PI before because the only oncall judge to sign my search warrant wasn't answering his phone because the battery died. Never consent to a search of your vehicle. If the officer has PC to search, he should not be asking consent. I will ask consent if I am not completely sure if I am smelling alcohol and I want to seperate you from your vehicle or passengers so I can better determine if I am smelling alcohol coming from you or your vehicle. I know some cops are assholes and get offended, the majority of us want you to practice your rights. Please, make our job difficult on the evidentiary side but do so politely so you don't look like the bad guy. And remember, following this guy's advice might not get you out of the arrest but it could definitely help you get a lesser sentence if any at all. Defense lawyers are not necessarily to prevent your conviction, they are there to ensure your rights were respected and you get the lowest possible penalties. It is nice when they are able to get a charge dropped though! With all that said, please don't drive while you are intoxicated. Please, please protect your life and the lives of others. Call Uber, call your friends, hell, if nothing else call the cops and maybe you'll get a ride home or maybe you'll get a ride to the drunk tank but its far better than being killed, killing someone, or getting a DWI. Remember, it only takes four beers to get to the .08 level or three in .05 states.
@LehtusBphree2flyFPV
9 ай бұрын
I got a DUI when i was 23, and I wasn't even intoxicated. I hadn't smoked cannabis in 3 weeks, but they did a blood test and said they found a fine trace of cannabis in my system and suspended my license for 6 months. I think I got screwed on that arrest.
@suzyrottencrotch5132
9 ай бұрын
Relax drug head
@ryansteffl
9 ай бұрын
U did get screwed
@brianpayne4549
9 ай бұрын
Absolutely, you did.
@mytuberforyou
9 ай бұрын
You would have been guilty of a Federal crime by your own admission.
@brianpayne4549
9 ай бұрын
@@mytuberforyou they don't jail people for having smoked it. While illegal, it's almost impossible to prove you smoked it, where a lot of people have never smoked it, but know what it smells like.
@Reverend.John_Ignatowski
10 ай бұрын
Road pirates are rewarded by MADD and other groups, as well as leadership for arrests - not convictions. Each officer needs to have a batting average arrests/convictions. Would love to see those stats.
@MuzixMaker
10 ай бұрын
That should be discoverable by your lawyer.
@jamesrowden303
10 ай бұрын
I don't think that would ever be a part of discovery, department statistics. For a start, the prosecutor wouldn't have that information to hand, they are not a police officer.@@MuzixMaker
@MuzixMaker
10 ай бұрын
@@jamesrowden303 FOIA
@jamesrowden303
10 ай бұрын
@@MuzixMaker yes. Foia is not the same as discovery.
@kfelix2934
10 ай бұрын
@@jamesrowden303 no, it's not. From a criminal prospective and how law and procedure or commonly known administrative code tell the state and defense how to do "discovery". Discovery provide the a"defendant" the right to discover ( duh ) evidence , facts or information, that the state has against the defendant to provide him/her the means to mount a proper defense or to challenge the evidence. In a DUI case that would be police officer written notes, reports, training history, blood or breath testing results, procedures, radio traffic call, medical staff certification,DUEI officer or DRE certification and training ,blah blah ...none of this means FoIA.
@jesstreloar7706
10 ай бұрын
Cases have been found in TX for 'reasonable suspicion' of drunk driving - 1) Talking too much 2) Not talking enough 3) making direct eye contact 4) not making direct eye contact 5) being overly cooperative 6) not being cooperative and on it goes. The blue gang needs to find 'crime' to justify their existence and budget. But the big money is in court, the police must feed the 'system' so the Judge's positions is justified. With a lawyer being necessary to get you out.
@The_Gallowglass
10 ай бұрын
They're glorified tax collectors like the Sheriff of Rottingham. Protect and serve is not their top priority. Samurai with the licence to kill.
@richardtibbetts574
10 ай бұрын
And in the end, the system gets paid.
@grbenway
10 ай бұрын
@@richardtibbetts574 I just don't understand, how do they force these people to drive drunk and risk everyone else lives?
@bradpotter6401
10 ай бұрын
I hate every faction of the legal industry. They are all over priced parasites.
@thelawenforcementproject2705
10 ай бұрын
@@grbenwayno one forces them. Jeez, really ?! And you know that.
@arthurross9437
8 ай бұрын
Very good advice from a retired cop and retired RN. Good job.
@Ty-er5ok
5 ай бұрын
True story: I did a field sobriety test decades ago when I was in my early 20's, I really wobbled when I had to stand on one leg. There were two cops and one said to the other "Ah, there we go..." I noticed, but then told them that I had been hit by a drunk driver when I was a kid and lost part of my right foot which was why I could not balance well. This was true. I offered to take my shoe and sock off and the officer said no and asked me more about what happened. He was genuinely interested. He noted that I was only a mile away from home and let me go. Funny thing is even though this was true, I was actually very hammered at the time. I still don't know if he actually believed me, or it was empathy for what had happened to me as a kid. I learned my lesson though and never did it again.
@cenewton3221
10 ай бұрын
Little over a year ago I was pulled over for cutting through an alley way (totally legal mind you) late at night and the officer immediately started in on me saying he smelled alcohol, blah blah blah. I did the field tests despite knowing I'd fail them as I'm overweight, and have bad feet & knees, because I knew if I didn't I'd be arrested for sure. I wanted to be given the portable breathalyzer because I hadn't had a drop to drink and hoped blowing nothing would influence him to let me go. When I blew all zeroes he was shocked, and asked if I'd do another one from a different patrol car on scene. I again blew zeroes, and he let me go. It was the only way I believed I wouldn't be arrested that night, and it worked, thankfully.
@MegaMagicdog
10 ай бұрын
Sometimes they want you to blow again because they adjust the scanner to register some number. There was a woman in Wildwood, NJ who was tackled and arrested on the beach for being "drunk" even though she blew a .00 and had NOT been drinking. She eventually won about 250K in a legal battle with the town. I say, if you blow less than a .08, why arrest you at all?
@Calvin-m5n
10 ай бұрын
Don't see how he smelled alcohol if you wasn't drinking maybe he was just hoping you was drinking so he could take you to jail!!Same way they say smell marijuana but don't actually just want to search your vehicle!!
@SingleTrackMined
10 ай бұрын
@@Calvin-m5n You think they ever tell the truth?
@phlodel
10 ай бұрын
Kern County Sheriff's Department California got caught by the California DOJ using breathalyzers that weren't certified by the State of California and had been modified to give positive readings.
@geraldpatrick9463
10 ай бұрын
I've been stopped after exceeding the limit (50MPH) by 30 MPH. By the time the officer caught up and turned on his lights, I was within two blocks of my home. I was cordial and had my license and proof of insurance ready when the officer game to the car. He asked questions I answered simply and concisely. Finally he asked if I was going home and I answered that it was just up to the next intersection and around the corner. He let me off with a warning.
@Adam-ox6zy
9 ай бұрын
Probably had his KPI’s for the month.
@thebigfellar7178
7 ай бұрын
My dad beat his case easily. When he got pulled over, he rolled up all the windows and locked the doors. When the cop walked up, he turned up a 5th of bourbon and started guzzling it. The cops were screaming at him and beating on the glass, but he kept on drinking it. They broke out his passenger window and unlocked the car and drug him out. Took him to jail. But had to turn him loose the next day. He won in court too. They could not prove """How"" intoxicated he was at the initial stop. You may not believe that but it's "Gospel"" ...!!! Drunks know stuff too. Peace.
@gaiustacitus4242
6 ай бұрын
He would have been convicted for violation of an open container law here.
@thebigfellar7178
6 ай бұрын
@@gaiustacitus4242 beats a dwi.
@thebigfellar7178
4 ай бұрын
@LockBresnarKymus lol everyone thinks that. They couldn't prove he was drunk while driving. Be glad you didn't go to law school. Truth is stranger than fiction.
@thebigfellar7178
4 ай бұрын
@LockBresnarKymus You must have researched it. You didn't respond back. Who is the idiot now. See you go around talking like you know the law and you don't. Sometimes if you really don't know the law. It's better to listen and learn then talk it up, and be realized as a fool...!!!
@tyrel7185
7 ай бұрын
The officer can ask your name and say your speech was slurred. Designed to fail.
@davidscott5903
10 ай бұрын
I don't even drink, and I still think that this is great advice!
@I.____.....__...__
7 ай бұрын
It doesn't matter if you don't driunk, cops don't care about reality, they'll catch whatever prey they can when they're on the hunt, and facts and the truth don't matter, they'll still arrest innocent people. We've seen it sooo many times.
@b1lyb
10 ай бұрын
My wife has osteopenia/ osteoporosis . If she falls during a walking test, there is a high probability of breaking her hip. She has been told by her Dr. to not ride a bike. She is currently recovering from 4 fractured vertebrates. She will not be taking a field test that puts her at risk.
@Riker-eq2yv
7 ай бұрын
This is great information but I doubt I’d remember any of it when I’m drunk 😂
@enigmarocker
9 ай бұрын
Excellent video!
@erictaylor5462
10 ай бұрын
I know an airline pilot who was pulled over because he was weaving (no sign of the driver weaving was on the dash cam) The cop stated he could smell alcohol on the drivers breath and forced him to perform a FST, which he passed (though the cop said he failed) and he made the guy do a breath test. He blew a 0.00 Still the cop arrested the driver for DUI. This particular cop had taken a special training course that was suppose to teach him the signs of intoxication that sold itself as "Better than any blood test or breath test." This cop lead the department in DUI arrests, *AND* the department's acquittal rate for DUI. This totally unlawful arrest caused quite a bit of damage because for a pilot, *ANY* DUI arrest results in the suspension of a pilot's license. As a result of this arrest the guy lost his job and he was unable to fly legally. It took more than a year for the pilot to clear his name. Turns out the training this cop had received was not valid, On top of this, the cop did not properly apply this training. Any one sign of intoxication was not meant to be taken on it's own. Several signs needed to be present at once to indicate intoxication. But this cop was saying any sign indicates intoxication.
@wisdomrules8474
7 ай бұрын
Did the pilot sue? I hope so.
@barkingshark6413
10 ай бұрын
I was pulled over years ago and failed the touch my nose test, alcohol breath, ABC test, 50 mph in a 35 mph, and two empty beer cans in the car. I was a professional athlete at the time and the cop let me go with a warning ticket and his personal number. We became friends and he said to always have peanuts in your car, cause peanuts are stinky and it’s hard to smell alcohol if you’re eating peanuts. He also advised not to drink and drive. True story. I don’t do stupid things like drinking and driving anymore.
@jamess.7981
10 ай бұрын
That explains why they serve lots of peanuts in bars! So I bet the odor that police are equally smelling for is peanuts…peanuts, to them, means you’ve been drinking…
@TheCharleseye
10 ай бұрын
@@jamess.7981They serve peanuts and pretzels in bars because they are salty and make you want something to drink. It's also a hand to mouth action that helps keep smokers inside, where they're going to order more drinks, rather than outside smoking. Setting a bowl of free peanuts or pretzels in front of someone in a bar is almost guaranteed to get them to order at least one more drink than they had planned to have. Casinos go for the bigger goals. They'll often serve free drinks, as long as you're gambling. Your inhibitions get lower and lower, so you're happy to keep throwing away money. If you want to have one drink with friends, stay away from the peanuts. If you want to drink all night for cheap, sit yourself at a nickel slot machine with $10, go for minimum bet every time, and give yourself a minute or two between plays. And then call a cab or an Uber. There's never a good reason to drive drunk.
@miguelservetus9534
10 ай бұрын
Sorry but you were endangering the lives of others.
@jamess.237
10 ай бұрын
@@miguelservetus9534 I don't know anyone who would disagree with that, but that's not the point that was being made here...pigs are filthy, self-serving, three-toed, knuckle dragging troglodytes.
@Mojo32
10 ай бұрын
@@jamess.7981So smelling like peanuts will get them excited too?
@michaelaufenthie2104
15 күн бұрын
Don’t drink alcohol and drive a car. Best legal advice ever, and I’m not even a lawyer.
@RichardHubbuck
7 ай бұрын
As an ex-military policeman myself, my advice is 1) don’t consume ANY alcohol when driving. 2) be polite. 3) Arguing at the roadside is not the place to challenge the cops - you won’t win.
@brianmaloney45
10 ай бұрын
My balance sucks, I'll fail the field sobriety test every time stone-cold sober.
@653j521
10 ай бұрын
@@tomtroy3792 Why in your bedroom? If driving is too stressful, go with someone else.
@mikelemoine4267
10 ай бұрын
I like your way of explaining. Good advice without the confrontational undertones you often see. There is nothing wrong with asserting our rights, but as you mentioned so many people start getting emotional, irate or nasty with the police and all that does is increase any scrutiny and provide video evidence of your behavior.
@xuto2693
10 ай бұрын
We should be confrontational, and the way police handle it should be used as a filter for whether they belong on the job.
@DustinPlatt
5 ай бұрын
At DUi checkpoint: Cop: Have you been drinking? Me: I don't answer questions Cop: What? Me: Cop: Are you nervous? Me: Cop: Where are you coming from? Me: Cop: Sir, do you have an ID? Me: Cop: _sees line of cars behind me_ Cop: Ok, have a good day Me: Thanks!!! I gotta pee SOOOO bad after drinking 12 beers an hour ago. Cop: Me:
@cpcattin
9 ай бұрын
Amazing. In America we need to receive a special education to protect us from our own police. It used to be the case that our police existed to help and protect us. The days of encouraging our children to learn that police are our friends are over.
@RachelWeeping
9 ай бұрын
It's always been this way. Back in the day, if you got stopped by the cops, the consensus of your friends was that you must've done something wrong. Not anymore.
@JulianVR4
10 ай бұрын
Its important to note that field sobriety tests are NOT pass/fail. They only administer these tests to give you a chance to show "indicators" of a DUI. That, and they will run you through EVERY test they can think of (in order to gather every indicator) before they conclude the tests because they have enough evidence.
@RobinPhillips1957
10 ай бұрын
Im from England (UK), first time I drove in USA in Myrtle Beach, I drove in the wrong direction at a roundabout. The car coming the other way was a Police cruiser. I apologised and explained to the officer, we both had a good laugh and went on our separate ways. Never had a problem with US Police.
@thereindeertherabbitthebat592
10 ай бұрын
You aren't the type of person the cops in Myrtle Beach typically look for. They make the majority of their revenue off of intoxicated party goer's. So if you're a sober person in MB, then usually you're in the clear.
@eisbeinGermany
10 ай бұрын
but that was only once driving in the US, bet u me, it is not so sublime in the US as it looks,
@RobinPhillips1957
10 ай бұрын
@@thereindeertherabbitthebat592 I was at flight school. Big money into the local economy.
@gregvondare
10 ай бұрын
Good thing you weren't of African descent, or you'd be posting this comment from heaven.
@eisbeinGermany
10 ай бұрын
@@gregvondare 🤣🤣🤣🤣🤠🤠🤠
@jinsvi
2 ай бұрын
I like how they say you are acting nervous but they ate the ones who are making them nervous.
@apackerfan
7 ай бұрын
Excellent presentation counselor! As an attorney myself that’s exactly how I got the last two officers who stopped me to NOT give me tickets!
@johnstorton
10 ай бұрын
I once saw a prank video (probably foreign) where cop was giving a field sobriety test. The driver was easily passing it, then the cop opened his trunk and brought out a unicycle... 🤣
@MuzixMaker
10 ай бұрын
Step 1: ask if you are free to go. If they waffle or refuse to answer keep asking, say no more. Step 2: if they say you are detained and not free t go, say ‘I want a lawyer’. At that point say nothing, they cannot ask you any questions, but you’ll probably take the ride Step 3: DO NOT EVER CONSENT TO A FST. EVER. They cannot make you, there is no penalty, but you’ll have to blow at the station. Step 4: demand a blood test if you are 100% clean
@thepowerwithin2217
2 ай бұрын
I appreciate you all very much. Thank you for what you do 🙏🙏
@Z-Bart
3 ай бұрын
Officer: "Have you been drinking tonight"? Suspect: "NO! Have you"?
@bryce8258
9 ай бұрын
I am a criminal defense attorney in Arkansas and I fully support this information. These are the exact points I tell my clients during DWI cases. Only thing I would add as far as Arkansas is concerned is that the test results of a PBT test are not admissible as stated, but the results CAN be used as a “stick in the bundle” in the officer determining probably cause to arrest you for DWI.
@hamptonlawfirm
9 ай бұрын
Great point! Thanks for the insight!
@RetiredLE2112
6 ай бұрын
I am a retired LE after 25 years, most in traffic and traffic homicide. I agree with everything this man said. I would only add to it that when a driver is instructed to exit the car, that they do so and not ask why. Pennsylvania Vs Mims is why and the officer does not have to explain. No cussing, no attitude, just keep the trap shut. Say yes sir or no sir. And the myth of having the right to have a lawyer present on the roadside needs to go into the dustbin. It’s getting ppl hung up on bs they’ve made up or heard somewhere, and makes that drunk yapper start flapping which always ends up with cussing and screaming and stupidity.
@alangravley9574
6 ай бұрын
@@RetiredLE2112this saddens me. I have always been a strong supporter of our LEOs, but I see more and more comments like your arrogant response, from other officers on here, and it suddenly becomes easier to understand why some people have a problem with you guys. Tone down your ego and quit demanding everyone to not question you at all. All while expecting them to shine your shoes while replying yes sir /no sir...... Freaking sad!!! 😢
@RetiredLE2112
6 ай бұрын
@@alangravley9574 do me a favor. GFYS for one. Secondly, next time you get pulled over and are told to exit the car, don’t do it and see what happens. And then when you get an attorney and he explains Pennsylvania V Mims to you, then your dumba** will possibly get the point.
@joannc147
10 ай бұрын
Excellent! Well presented with great detail and examples. Thank you! Years ago, I left a wedding party with my bro-in-law driving. He was drunk and I was terrified. Cop pulled us over for non-working headlight. Driver gets out of car and talks to officer. Driver had NO license on him…. I figured he’d be arrested on the spot. Nope! Off with a warning. My conclusion? Brother-in-law had years of experience talking his way out of DWI episodes. 😱
@butterfliesandcamo5975
7 ай бұрын
Another thing with talking a lot, that gives the officer the opportunity to smell if there's alcohol on your breath. Another thing that I was advised about ages ago, is that if you've been drinking, absolutely DO NOT think that a piece of gum, a mint, or a piece of candy is going to help mask the alcohol smell. They actually do the exact opposite. They all actually enhance the sweetness of the alcohol smell making it much easier to smell.
@northwestprof60
9 ай бұрын
I watched about 30 seconds of this, and all of a sudden I felt I needed to take a shower,
@AcmeRacing
10 ай бұрын
Police find a variety of things suspicious. Talking too much. Not talking at all. Speeding or rolling through stop signs. Following traffic laws too precisely, driving at the speed limit and making three second stops at stop signs (yes, I kid you not, obeying the law has been used as grounds for suspicion.) I'm politely telling him I invoke my fifth amendment right to remain silent and then doing it. More than once I've seen KZitem videos where cops claimed to observe strong odor of alcohol and bloodshot watery eyes for people who subsequently blew 0.00 on a breath test. The cops said all of it very quickly as if it was a practiced speech for the body camera. Saying "I just need to make sure you're okay to drive" before field sobriety tests is a lie. The _whole purpose_ is evidence gathering to bolster the case against you.
@thedevilsadvocate5210
10 ай бұрын
heart beating fast, being too calm
@jamestfx2965
10 ай бұрын
So true it's a maximum speed limit not a minimum, but if drive 30 in a 40 its suspicion of impairment .
@AcmeRacing
10 ай бұрын
@@jamestfx2965 YT has at least one video of a guy who got stopped for going between 60 and 65 in a 65 MPH zone with everyone passing him. He refused to give his license and reg because he wasn't committing an infraction, and things got ugly fast. It a policeman wants to stop you, he can deem a hallucination about your plate light or your seatbelt suspicious and "need" to check it out while he sniffs around for anything else he can use against you.
@AcmeRacing
10 ай бұрын
@@jamestfx2965 Here's a good one where the most minor ticket became a retaliatory arrest. kzitem.info/news/bejne/0aGenHqImqCBh5w&ab_channel=TheRealNewsNetwork
@drwalker9093
10 ай бұрын
Police _do_ have phrases they've memorized and repeat. I noticed that about 25 years ago. I went to court for a speed violation, and every defendant was given a 9AM time - and there was no order-of-cases available. My case was heard last - probably because I had requested discovery of some info - so, I got to hear all the other traffic cases that day, and all of them were LIDAR-based citations. All of the officers (except the one that never showed up) used the same wording for their statements. All of them had been written in the same safety zone, using a fairly-new law that made it a fine-doubled-and-a-judge-can-not-reduce-the-fine zone. It was unfortunate for the other defendants that their cases were heard before mine, and none had discovered what I had discovered. The deputy who had papered me had about half of the cases that were heard that day, and his were all from tickets he wrote on the same day I was cited. From others' attempts to defend themselves, I learned that deputy was also the department's trainer on use of LIDAR. When it was finally time that I could cross-examine the deputy, I started with the stuff they've heard before, but tried to ask follow-ups they had _not_ heard before. I paraphrase my questions to the deputy: - I asked about calibration-to-a-known-standard, and learned that is done by the manufacturer, once per year. "When the manufacturer has to adjust the calibration of a device, do you have a method to track down all the violations that were based on that device since it was last known to be correct?" - I asked about training, and he boasted that he is the trainer, trained by the manufacturer. [Which I had seen him do earlier in the day, and it stopped that defendant's questioning.] "Does your training include recommended wording to use in court?" ...which got a reluctant Yes. "Did the manufacturer's training include recommended wording to use in court?" Another Yes. - Then, I asked about the thing I had discovered. "When you applied the fine-doubling qualifier to this violation, had you been told that the fine-doubling applies to [whatever the name of that highway was at whatever milepost that was]?" He answered that he and other deputies had determined that as a group, and there is no question that it is included in the fine-doubled zone. I ended my questioning. (My discovery had requested any written department communications about the new fine-doubled law or the fine-doubled zones, and the response was that there were none - which I interpreted as a lack of guidance-from-counsel when they decided to enforce the new law.) One element of the fine-doubled-with-no-chance-of-a-reduction law was that signs must be posted on _every_ public road that enters the safety zone. When it was my turn to testify, I described the route I took, and provided a local newspaper article - from a few days after I was cited - that had a picture of the last sign being put up...a few days _after_ I was cited, and that last sign happened to be on the road I had traveled. I argued that the wording technically made all the cases heard that day eligible for fine reductions, but that I was in the position of not seeing the notification that the legislature clearly intended to make available. Sorry about the length. The judge's statement admonished the deputy for a couple of things, then editorialized about the legislature restricting the courts from considering individual cases...so, I thought I was gonna win. But I was found guilty, and the fine was reduced to $26. The judge explained that the state got a flat $25 from any guilty verdict on a violation, and the remaining $1 would go to the county.
@nonsuch
10 ай бұрын
One double standard I don't understand is when Officers know you're intoxicated, you may even tell them you are but, they still may ask you to consent to something. Why is it ok for them to ask this when in other cases the law will say you can't consent when intoxicated? For instance, a guy meets a girl at a bar where they both get intoxicated, then she consents to going home with him and have sex but, the next day, she doesn't remember giving consent etc. and she says he took advantage of her. The law/lawyers will say she was intoxicated and couldn't consent. Yet, every DWI/DUI, Officers will ask for consent multiple times throughout the stop for different reasons.
@americafirst9144
10 ай бұрын
Good point.
@werefrogofassyria6609
10 ай бұрын
The law is written such that you consented to the sobriety tests when you signed your license. It is assumed that you were sober at that time, and you consented to the tests for sobriety when driving when you signed your driver's license.
@nonsuch
10 ай бұрын
@@werefrogofassyria6609 That is only in certain states. And if you already consented, they wouldn't need to ask you to consent.
@werefrogofassyria6609
10 ай бұрын
@@nonsuch they get better cooperation when you think you consent, though.
@nonsuch
10 ай бұрын
@@werefrogofassyria6609 Of course, just like when the cops lie to you. I think this is going over your head.
@Di-sg6mv
Ай бұрын
Idk how I came across this guy, bit am glad he showed up on my feed! Although, I HOPE I don’t have any of the issues that’s been presented to me in Attorney Hampton’s blogs, the great information shared is not only valuable, but great reminders of our rights! Wish I’d known some of this stuff in my 20s and early 30s! Very interesting and thank you for sharing your expertise!
@UserR2D2-je6nb
8 ай бұрын
Do not answer questions, do not consent to searches, do not perform any tests including field sobriety tests. Nothing will help you it will only hurt you. The only required test is a blood or breath test AFTER you have been arrested. The roadside ones are not required even to maintain your license. The only thing you should do is hand your license, registration, and insurance. check the video of the Iowa college student who blew 0.00 and they arrested him for DUI anyway.
@erictaylor5462
10 ай бұрын
About 8 or 9 months into the pandemic I went out with my dad to the AT&T store. We parked next to a cop who had her window open and was doing paperwork. I said, "It's funny, a year ago if you saw two men get out of a car, put on masks and walk into a shop, you'd want to look into that more deeply. Now if you walk into a shop without a mask, you're going to want to look into that." We both laughed as I went into the shop. A few days later I encountered the same cop, only this time it was a traffic stop. She was asking me a bunch of seemingly innocent "friendly" questions. I asked her why he was asking me these questions and she said, "I'm just trying to be friendly." I said, "I'm not really interested in being friendly right now." She remembered me as the guy who commented about the masks, so she was rather taken aback by my less than friendly attitude, as I had been quite friendly with her just a few days before this. I explained I was in no way anti-cop. I said I wouldn't hesitate to help if I saw a cop in trouble. But I also do not trust the police. I said as this was not a consensual conversation, I felt that being friendly not appropriate. You know how the cops always ask where you are coming from or where you are going? You should never answer these questions. Lets say a crime took place in the location you just left. Or if a crime takes place at the location where you are headed? If you say you just came from 7-11 and a few seconds after you drive away someone walks into the 7-11 and shoots the clerk. What's that cop going to think? What's going to happen if the cop is lazy and fails to properly investigate the murder? He has a suspect already, why investigate further?
@jamess.7981
10 ай бұрын
…and you’ve only scratched the surface. When first approached by an officer and they ask you a question, politely tell the officer you’d rather not answer any questions and then thank them. Any, and I mean ANY question that comes your way after that, say, I invoke my 5th amendment right to remain silent and thank them AGAIN. Any questions after that point can strip them of their qualified immunity in a court of law. Disclaimer: I’m not a lawyer and I’m not offering legal advice.
@kenmore01
10 ай бұрын
You started it. She is a person, just like the rest of us. You began a "friendly banter" with her, then resented it when she did it back. No offense, but how would you feel? If you didn't want anything to do with law enforcement, then just leave her alone. Is that hard? To say you started a conversation with a female (or seriously any sex) police officer, then took offense days later when they tried to continue it, is just dumb. You played with her emotions, and yes, even cops have emotions. Your bad.
@erictaylor5462
10 ай бұрын
@@kenmore01 *with her, then resented it when she did it back.* No, I didn't resent anything. I was protecting myself by standing up for my rights. *If you didn't want anything to do with law enforcement, then just leave her alone.* Where did I say I wanted nothing to do with law enforcement. That is not the case at all. I did say that I don't dislike cops. But I do not trust cops. Personally I think most cops are good, but the prevalence of bad cops means trusting a police officer is unwise. hen cops make a traffic stop, they don't know anything about the driver. Most likely the driver has no desire to attack the cop, but the cop takes steps to make an attack less likely to succeed. I am simply doing the same thing. *To say you started a conversation with a female (or seriously any sex) police officer, then took offense days later when they tried to continue* But this cop was not continuing the friendly banter. She was conducting a criminal criminal investigation hoping I'll say something that would establish probable cause. There are 2 ways you can interact with police. A consensual conversation with a cop is just like a conversation with anyone. The police are not investigating anything, and either one is able to end the conversation at any time. Then there is a non-consensual conversation. This means you are being detained while while the cop conducts an investigation. Can you see the difference here?
@alannitcher5001
10 ай бұрын
@@kenmore01Do you know every single law on the books? City, county, state, federal, regulatory agencies? I believe every person breaks a dozen laws every week and they don't even know it. But a cop might.
@brigittehazelmyer605
10 ай бұрын
Except when on a military base/reservation. There my response would be: "Thank you, but at this time I believe I would like to invoke my Article 131 rights under the UCMJ", and if you would like to ask me questions? I also believe I have a right to have a JAG Officer present. The UCMJ is the Uniform Code of Military Justice, and Srticle 131? is the equilivent to the 5th amendment. A JAG Officer is a lawyer from yhe Judge Advocate Generals office. @@jamess.7981
@rswear
10 ай бұрын
The one time I was pulled over when I probably shouldn't have been driving, I nodded and did and hmm, hmm then looked away and shrugged trying to look shameful when he said I was speeding a bit and gave yes and no answers. He let me go with a warning. The time I was dui tested, I knew I was under the limit. I pointed out I was over 300 lbs and the one leg stand test was hard for me. He did not believe me on how much I had to drink, (well how little) but the portable breath test showed me as ok. He made me call a friend to drive me home, but that was fine. Reality was I was exhausted not drunk.
@Apostate1970
9 ай бұрын
Unfortunately in your rule #1 the opposite is usually the case: the cop is the Chatty Cathy, asking all kinds of questions, and if you don't reply they'll use that against you.
@daveweed2765
9 ай бұрын
How about this one? Drive right, dont drink and drive ever, maintain your vehicle especially lights, try not to ever go 5 over the speed limit on open roads but never in towns. I have over 4 million miles as a truck driver. Been pulled over quite a bit for random roadside DOT inspections. Passed them. Been stopped for speeding twice way over the 5mph mark. Got a seatbelt ticket for 20 over and a roadside DOT insp for 17 over but no speeding ticket. Passed the DOT insp. Two non fault accidents. Rear ended. Then a motorcycle tried passing me while making a left hand turn. All signal lights were working per witnesses. Yes everyone is nervous getting pulled over. But overly nervous? If the evidence says you were not dwi or dui fight it and never plea out. Hell make a payment plan with your lawyer if need be.
@coreysellers4529
10 ай бұрын
When I was 20 years old. I got pulled over for a loud exhaust. And had to do a field sobriety test which I failed. I was then taken to the police station for a breath. Elizer under arrest, passed it with flying colors and told the officer. Now you can take me back to my vehicle. I told you I had not been drinking. He replied. You can't drive and I said why not? I just blew zeros, he said. Because your car has been impounded. I had to spend the night in that town. Walking the streets and then finally in the morning called a family member to come and get me so I could get a ride to the impound to pay $300 to get my car back.
@qe5zu
10 ай бұрын
Law suit
@Mojo32
10 ай бұрын
The fact that they can jump at do this really boils my blood. People, we are in a police state!
@fredferd965
10 ай бұрын
Twenty years ago, my sister-in-law failed a field sobriety test after being pulled over in her car. This was a woman who hated alcohol! But she had a horrible strep throat, and had been heavily dosing herself on cough syrup for days - really overdosing herself. She wasn't the brightest tool in the shed, and didn't know about codine. In the end, it was a legitimate bust, as she was driving with diminished capacity. After it was explained to her she later admitted it herself. Her intentions were innocent, but there you are. The judge went light on her after reviewing the situation. Her only hope was honesty.
@nrs2052
10 ай бұрын
not unusual for people who used to drink heavily to switch over to cough syrup or even Niquil which has alcohol, my ex wife did the Niquil
@brawndothethirstmutilator9848
10 ай бұрын
Also not unusual for teenagers who can’t get alcohol to abuse cough syrup. Used to be called “Robo-Tripping” back in the day.
@tonymorfin8750
9 ай бұрын
@@brawndothethirstmutilator9848 Wow. And that's BEFORE the Idiocracy documentary.
@humanrightsadvocate
4 ай бұрын
Your 10-Step Guide to Police Encounters 1. Always record the police. 2. Always ask, "Am I free to go?" 3. Always get their names and badge numbers. 4. If you are certain that you are being detained unlawfully, you are under no obligation to identify yourself. 5. Always say, "I don't consent to any searches." 6. Never resist arrest. 7. Always sue. 8. You can also sue the cops if you believe they don't deserve qualified immunity by showing in court that no reasonable officer would believe that the officers' conduct was legal. 9. Note: Qualified immunity applies only in civil lawsuits, not criminal prosecutions. 10. Seek legal advice if you're unsure about your rights or the legality of a police encounter.
@Bruce4lmighty
6 ай бұрын
If you believe you’re over the limit, delay by eventually consenting to a FST (can waste a good 30 mins) then delay before consenting to blowing into the device (don’t blow properly a few times). Finally demand a blood test (regardless of pass/fail on the first two tests). Should be a good hour before the blood test worst case. If you know you are under the limit, refuse everything and demand a blood test immediately. This is because the more time in the company of cops ALWAYS leads to more charges. Experienced cops will realise you’re stone cold sober and let you go. Tyrants will write you up for disorder, resisting along with anything else they can dream up once they’ve conspired to gang members at the PD
@johnr4898
10 ай бұрын
Just a small extra bit of information, you know the cop will ask for your license and insurance. Don't unhook your seat belt and start reaching for your wallet or glove box until the cop asks for them. When the cop walks up to your car you are not wearing your seat belt, a citation will follow for no seat belt. Digging around for your registration before the officer can see into your car can be considered furtive movements and you are trying to hide something leading to a search.
@AECRADIO1
10 ай бұрын
CONSTITUTIONAL RIGHTS WILL NOT BE VIOLATED! PIG GETS NOTHING! NY RIGHTS WILL NOT BE GUVEN AWAY! PLAY YOUR THREAT GAME...MMY RIGHTS WILL NOT BE SURRENDERED! NO REGISTRATION, NO LICENSE..THISE ARE IKLEGAL CONTRACTS WITH THE LEGAL FICTION 'STATE'...A CORPORATE ENTITY THAT HAS NO COMMON LAW JURISDICTION!
@shanecabbage2187
10 ай бұрын
I've often debated this. I know they'll ask, and figure I'll be polite and have it ready. But I have settled on turning off my car, keeping my hands on the wheel, and complying when they ask. Also, when asked "you know why I pulled you over?," my answer is "no sir/ma'am." I get a funny look, but even if I do know why, I'm not going to be recorded admitting guilt.
@johnr4898
10 ай бұрын
There is no quota, but they are expected to write citations. As a Sergeant explained to me once, sand on a street corner look at how many violations you see, if you are not writhing tickets, you are not doing your job.@@shanecabbage2187
@jrvane11
10 ай бұрын
Negative. Have your license, registration and insurance ready on your dash, car and radio off, window down and hands on steering wheel...all before the cop gets to your door.
@johnr4898
10 ай бұрын
Window, radio, steering wheel, car yes but don't dig around until the cop is looking into your car. Police need an excuse to search your car without permission. Furtive movements give him that excuse. I thought he was hiding something. @@jrvane11
@richardderosset6960
10 ай бұрын
Law abiding citizens should not have to be terrified of the police ! They used to be respected and appreciated. Now , people don't trust them , a traffic stop is a shake down.
@andynonimuss6298
10 ай бұрын
At every stop, they automatically assume every person is a criminal and a threat. I automatically assume every police officer is an assumptive, trigger-happy idiot.
@damonmelendez856
10 ай бұрын
Blacks.
@jackkonnof4106
10 ай бұрын
Hell Im white but because I drive a piece of shit geo I keep getting pulled over. Now I'm documenting it and gonna sue the next time.@@damonmelendez856
@lm4278
10 ай бұрын
You actually respected them? I teach my kids and grandkids to avoid them at all costs. NEVER to talk to them or help them in ANY situation.
@SingleTrackMined
10 ай бұрын
The cops are there to maintain the status quo so those in privileged positions have always thought the cops did a good job. Minorities and those on the bottom economically don't feel the same nostalgia for the 'good' old days.
@user-zl1ws7jk1y
7 ай бұрын
55 years ago I was arrested for DWI on someone say so he was the real driver but lied on me I told the officer I wasn’t driving he said I don’t care who was driving your here and someone is going to jail
@dmullz100
Ай бұрын
I learned my lesson....I blew .02 under the limit at the station 2 weeks ago. The cops drove me to the impound and I was able to drive to my friend's place after being detained for 2 hours.
@Dan-oj4iq
10 ай бұрын
As a retired police officer, my best advice is not to drive after drinking any alcohol at all. If you want to forget that then the next best advice, I can give you is to make 100 percent sure that all the equipment on your vehicle is working perfectly. And last but not least.......do not drive under the posted speed limit unless you are in the process of stopping. Going thirty miles per hour in a posted fifty and above speed limit zone is the biggest red flag available as to your sobriety. You probably are not.
@Earth_Rocker
10 ай бұрын
So I guess everyone on their phones and texting while driving 30 in a 50 would be counted as drunk drivers then. Also, if you're a cop and drunk drive, nothing will happen to you (good ol' boys and all...)
@grbenway
10 ай бұрын
@@Earth_Rocker Distracted driving is a crime also. Did you think that was some sort of Gotcha?
@jimhunt1592
10 ай бұрын
If you have no alcohol or drugs in your system, would it be a good strategy to refuse the field sobriety tests, but consent to the blood tests? And perhaps get your own independent blood tests done as well? It seems like that might get rid of the cop's ability to "interpret" the field tests in which ever way benefits them and at the same time offer them pretty much absolute proof that you are not chemically impaired.
@briant7265
9 ай бұрын
The ONLY thing a FST can accomplish is to provide the officer with probable cause for an arrest, and you will ALWAYS fail. Check your state laws. Unless state law requires you to do the test, I wouldn't. (Not a lawyer tho) I know for a fact that I would fail a FST at the best possible time.
@matthewhowe3727
9 ай бұрын
State of Florida the field sobriety test is not mandatory, only the breathalyzer is. After completion of the breathalyzer you have the right to a blood test in a timely manner which you must pay for.
@UserR2D2-je6nb
8 ай бұрын
if you are completely sober it is even more important to not do any of the tests, because they could use them as evidence of impairment where otherwise there will be none
@reebertJunkman
6 ай бұрын
wow great video... great video
@kellipatton8263
Ай бұрын
My husband got screwed in Texarkana. Ruined his career. He is passive. They tested his BAC 3x and wouldn't accept it. They refused the DOT agent the company tried sending. He was dehydrated after a week of unloading garage door panels. He kept telling them he needed water and they gave him a cup to piss in but he couldn't. It happened at 6:30 am and he wasn't given any food or water until the next morning. Thrown in jail for 4 days, wasn't allowed to use the phone. Had no bail ordered. When we drove 10 1/2 hours to post bond, he still had to go in front of the judge the next day. I had a stroke a month earlier so we were in no financial condition to pay attorneys fees. Still, they found him guilty of dwi. With 3 0.00 BACs
@SafetyBriefer
10 ай бұрын
1.) Why did you pull me over? 2.) I'm not discussing my day/night with you. 3.) Am I being detained or am I free to go? 4.) [If detained] I invoke the 5th Amendment to not answer your questions. 5.) STFU Never consent to any searches.
@rswear
10 ай бұрын
Maybe you should watch the video
@pughoneycutt1986
10 ай бұрын
Knew a man many years ago who was drinking, had a wreck, 1 car accident, got out of the car poped open a beer started drinking. About 4 beers later the cop arrived dude made sure the cop saw him drinking, then went on to explain that the wreck shook him up so much that he then started drinking to calm down even tho he was drunk when the police arrived there was no evidence that he was drinking before the wreck!
@gregbowden1552
7 ай бұрын
Find out if the portable breath test is admissible in your state before hand. Then if they offer you one you will know if they are lying.
@StevenHughes-hr5hp
2 күн бұрын
I got pulled over one time for swerving all over the road because my front windshield was all fogged up and I was wiping it down. If I had listened to these lawyer guys about not talking to cops I would have undoubtedly been arrested for suspicion of DUI. Then not made it to work on my nightshift job either.
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