# Is this legal? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [March 28, 2013, 6:29am UTC](https://boards.straightdope.com/t/is-this-legal/654160 "2013-03-28T06:29:34Z")\ **Posts on this page:** 20\ **Page:** 8
**Author:** ![ogional](https://avatars.discourse-cdn.com/v4/letter/o/779978/32.png) [@ogional](https://boards.straightdope.com/u/ogional)\ **Post date:** [April 5, 2013, 10:25am UTC](https://boards.straightdope.com/t/is-this-legal/654160/141 "2013-04-05T10:25:33Z")
> [@Loach](#): > > Did you write that while hand cuffed in the back of a police car too? yes managed to pull my phone out of my pocket cuffed to text her and let her know I was being arrested. I was in the back of the police car when I did. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [April 5, 2013, 10:57am UTC](https://boards.straightdope.com/t/is-this-legal/654160/142 "2013-04-05T10:57:19Z")
> [@ogional](#): > > Everyone I have talked to in walmart that know Jury of your peers indeed! ---
**Author:** ![Ferret\_Herder](https://avatars.discourse-cdn.com/v4/letter/f/e47774/32.png) [@Ferret\_Herder](https://boards.straightdope.com/u/Ferret_Herder)\ **Post date:** [April 5, 2013, 11:11am UTC](https://boards.straightdope.com/t/is-this-legal/654160/143 "2013-04-05T11:11:01Z")
> [@ogional](#): > > Everyone I have talked to in walmart that know about this said the charges should be dropped. Because they all ready knew what happened because the associate went around bragging about it. If I hire15 lawyers they will all plead me not guilty even if i go through 5 public defenders would plead me not guilty. So I do believe the jury or state attorney will agree with any lawyer to drop the charges. You should really tell your lawyer about you running your mouth about all this stuff on an easily-Googleable public message board, because the prosecutor will have a fucking field day with your statements about how you were mixing Xanax and booze, and especially your own timeline for when you consumed alcohol and went out to get more. All a prosecutor needs is a hunch about this and typing certain details into Google will bring this thread right up. (Alternately, someone who runs across it while Googling might possibly figure out the jurisdiction and decide to send it along, themselves.) ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [April 5, 2013, 11:18am UTC](https://boards.straightdope.com/t/is-this-legal/654160/144 "2013-04-05T11:18:24Z")
> [@ogional](#): > > yes managed to pull my phone out of my pocket cuffed to text her and let her know I was being arrested. I was in the back of the police car when I did. And what does that prove? Other than the fact that you are double jointed and apparently work in a circus. ---
**Author:** ![Siam\_Sam](https://avatars.discourse-cdn.com/v4/letter/s/d78d45/32.png) [@Siam\_Sam](https://boards.straightdope.com/u/Siam_Sam)\ **Post date:** [April 5, 2013, 2:10pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/145 "2013-04-05T14:10:07Z")
> [@ogional](#): > > Everyone I have talked to in walmart that know about this said the charges should be dropped. Well, if Wal-Mart workers think you should be free to walk among us, who can argue against that? ---
**Author:** ![chargerrich](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chargerrich/32/5399_2.png) [@chargerrich](https://boards.straightdope.com/u/chargerrich)\ **Post date:** [April 5, 2013, 2:18pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/146 "2013-04-05T14:18:03Z")
> [@ogional](#): > > I was pulled over based on an anonymous tip or tip by co workers wishing to complain about me being impaired because of an "open container violation that had occured at 7:30 am. Both witnesses filed statements that I was carrying a case of beer out at 7:30am and proceeded to consume an open container. They informed the police. The police informed them there was nothing they can do since I was all ready at home. But the police informed them to call them if I was out and about and felt that I was impaired. I decided to go to walmart to buy some beer at 8:45am the true time I bought beer. I pulled out of the parking lot and noticed a cop following me at the intersection. I crossed it and pulled into the gas station and sat there for a few minutes deciding if I should Sit run or wait. I decided to run back to my place and made it back in 35 seconds the cop was just pulling out of the gas station. I was sitting in my drive way for 5 minutes so I thought I was good to go and the cop didn’t follow me so I opened up a beer chugged it listening to the radio and lit up a smoke. Opened up another beer and chugged half a beer. I see lights coming around the corner. Oh shit. The cop walked up and asked if I could do the FST I told him yes sir I only had a beer in a half. I did the field sobriety test and failed it. So I told the cop I took one xanax 1 mg 2 hours ago. I asked him to read me my Miranda rights and he said hold on your only in custody right now. We go to the station. He starts the tests at 9:55am and did the breathalyzer at 10:15am I blew all 000. at 11:31am the cop asked me if I had to piss. I told him yes. He said I couldn’t piss in the toilet until I pissed in the cup so I told him ok and gave the cup back to him. He tricked me into doing the urine test. He didn’t read me my miranda rights until 11:56 am. Miranda rights include asking for Blood breathalyzer or Urine Test. The cop did not give me a reason why he was doing a urine test or tell me what the cup was for. He transported me to jail for DUI drugs or alcohol. I have a script for xanax 1 mg. When I got the report he said I told him I took 2 xanax 2 hours ago and that I took to much medication. When my prescription bottle says take once twice daily by mouth as needed. I have a speech impediment Harrington rods/scoliosis and aspergers. The judge said in my last case because I have aspergers a mild form of aspergers I think in patterns because I think in patterns I can not follow instructions. The cop put in the report that I could not follow the FST instructions. One officer noted that he stepped in close and could not smell alcohol off of me. I found out they only have Partial FST Video with no sound and only me doing one legged stand and the cop not in the view of the camera. The in house video is blank and corrupt. The Urine analysis came back with xanax in my system but didn’t show any alcohol. What are my chances of the charges being dropped? Cops can’t pull you over based on a tip or anonymous tip it is not probable cause. The cop wrote me a false ticket for driving on the wrong side of the road when I was maintaining my lane. Florida AHHHHHHH!!! /smashes into enormous wall of text… cries out for a paragraph, or two! 😃 ---
**Author:** ![Drunky\_Smurf](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/drunky_smurf/32/449_2.png) [@Drunky\_Smurf](https://boards.straightdope.com/u/Drunky_Smurf)\ **Post date:** [April 5, 2013, 2:35pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/147 "2013-04-05T14:35:27Z")
> [@Loach](#): > > How do they get the results so fast? Taste test? I’ve seen episodes of “Cops” where they pull out this vial with some liquid in it. They’ll put a substance in, what they think is cocaine or something, and if the liquid turns purple then that is cocaine. So maybe the Thai cops have something similar to test for speed in the pee pee. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [April 5, 2013, 4:00pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/148 "2013-04-05T16:00:44Z")
> [@Drunky\_Smurf](#): > > I’ve seen episodes of “Cops” where they pull out this vial with some liquid in it. They’ll put a substance in, what they think is cocaine or something, and if the liquid turns purple then that is cocaine. So maybe the Thai cops have something similar to test for speed in the pee pee. I won’t even attempt to find out what the laws are like in Thailand. Those testing kits for drugs work. The results are used for probable cause. But they are not even close to the accuracy of lab tests. So you can get arrested based on those tests but a conviction will be based on what the lab says. ---
**Author:** ![snailboy](https://avatars.discourse-cdn.com/v4/letter/s/97f17d/32.png) [@snailboy](https://boards.straightdope.com/u/snailboy)\ **Post date:** [April 5, 2013, 7:32pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/149 "2013-04-05T19:32:09Z")
> [@ogional](#): > > Everyone I have talked to in walmart that know about this said the charges should be dropped. Because they all ready knew what happened because the associate went around bragging about it. If I hire15 lawyers they will all plead me not guilty even if i go through 5 public defenders would plead me not guilty. So I do believe the jury or state attorney will agree with any lawyer to drop the charges. Well then we all agree that getting a lawyer is your next step. ---
**Author:** ![StusBlues](https://avatars.discourse-cdn.com/v4/letter/s/dc4da7/32.png) [@StusBlues](https://boards.straightdope.com/u/StusBlues)\ **Post date:** [April 5, 2013, 7:36pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/150 "2013-04-05T19:36:39Z")
> [@madsircool](#): > > 1)Never volunteer information or take field sobriety tests..you arent required to do so [Especially if your nethers itch.](http://www.youtube.com/watch?v=czyLRX430qo) ---
**Author:** ![Siam\_Sam](https://avatars.discourse-cdn.com/v4/letter/s/d78d45/32.png) [@Siam\_Sam](https://boards.straightdope.com/u/Siam_Sam)\ **Post date:** [April 6, 2013, 1:00am UTC](https://boards.straightdope.com/t/is-this-legal/654160/151 "2013-04-06T01:00:10Z")
> [@Loach](#): > > I won’t even attempt to find out what the laws are like in Thailand. > > Those testing kits for drugs work. The results are used for probable cause. But they are not even close to the accuracy of lab tests. So you can get arrested based on those tests but a conviction will be based on what the lab says. It doesn’t matter what the law actually says in Thailand, because the law is whatever the cop says it is. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [April 6, 2013, 2:06am UTC](https://boards.straightdope.com/t/is-this-legal/654160/152 "2013-04-06T02:06:06Z")
> [@Siam\_Sam](#): > > It doesn’t matter what the law actually says in Thailand, because the law is whatever the cop says it is. At least it doesn’t snow. ---
**Author:** ![Siam\_Sam](https://avatars.discourse-cdn.com/v4/letter/s/d78d45/32.png) [@Siam\_Sam](https://boards.straightdope.com/u/Siam_Sam)\ **Post date:** [April 6, 2013, 2:18am UTC](https://boards.straightdope.com/t/is-this-legal/654160/153 "2013-04-06T02:18:01Z")
It’s really not as bad as it sounds. They don’t bother foreigners too much, as they’re too busy shaking down Thai shopowners and the like. ---
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [April 6, 2013, 1:46pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/154 "2013-04-06T13:46:55Z")
> [@JBDivmstr](#): > > (bolding mine) > You have to _ **possess** _ it to _ **use** _ it! :rolleyes: I’ll explain where I was coming from with my question about transport/possess/sell versus “use.” I don’t know much/anything about the drug war other than what anyone knows from reading the news but I’ve read a lot about the history of the prohibition era. My understanding from that period was that generally if you’re caught transporting or selling alcohol you were in big trouble. If you had a private stockpile of alcohol that was also illegal in some states (but possession was never illegal through the Volstead Act), but unlikely to be detected unless you were caught. However, just being found “drunk” didn’t result in you being convicted of violating the prohibition era laws against alcohol, it might result in spending a night in a cell to dry out. Obviously this was over 75 years ago now so a lot of things were different. It looks like at least in New Jersey just using drugs can get you a disorderly charge, and that in Vermont evidence of illegal drug use can be considered circumstantial evidence in a charge of drug possession/transport. But I’m still under the impression the “big” charges on drugs are sales/possession/transport, and proof of use isn’t a slam dunk on any of those charges. I would imagine partly because the most it could prove is possession at some point, but how much possession? Usually the amount possessed significantly impacts the serious of the charge against someone. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [April 6, 2013, 4:12pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/155 "2013-04-06T16:12:54Z")
> [@Martin\_Hyde](#): > > I’ll explain where I was coming from with my question about transport/possess/sell versus “use.” I don’t know much/anything about the drug war other than what anyone knows from reading the news but I’ve read a lot about the history of the prohibition era. My understanding from that period was that generally if you’re caught transporting or selling alcohol you were in big trouble. If you had a private stockpile of alcohol that was also illegal in some states (but possession was never illegal through the Volstead Act), but unlikely to be detected unless you were caught. > > However, just being found “drunk” didn’t result in you being convicted of violating the prohibition era laws against alcohol, it might result in spending a night in a cell to dry out. Obviously this was over 75 years ago now so a lot of things were different. > > It looks like at least in New Jersey just using drugs can get you a disorderly charge, and that in Vermont evidence of illegal drug use can be considered circumstantial evidence in a charge of drug possession/transport. But I’m still under the impression the “big” charges on drugs are sales/possession/transport, and proof of use isn’t a slam dunk on any of those charges. I would imagine partly because the most it could prove is possession at some point, but how much possession? Usually the amount possessed significantly impacts the serious of the charge against someone. The New Jersey statute isn’t much different than other states public intoxication statutes. Except here there is only a statute for drugs not for alcohol. You can be drunk in public. ---
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [April 6, 2013, 5:25pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/156 "2013-04-06T17:25:54Z")
My impression of the OP was it was going to be a one time post and it was so nonsensical I was 100% sure a good portion of it was totally inaccurate. Just out of curiosity sake, since it looks like he’s following up a little bit I’d be interested in knowing: 1. You say your coworkers called the police to report you for drunk driving based on seeing you leave (I’m guessing Wal-Mart where you work) with a case of beer at 7:30. How do you know this happened? 2. You claim the “true time you bought beer” was 8:45. If you work at a place that sells beer why would you buy it at 8:45 instead of around 7:30 when you left work? 3. You say that a cop is following you as you leave Wal-Mart where you went at 8:45 am to buy beer, and that convinces you that they suspect you’re driving drunk (which you say you are not.) You floor it home, and when you get home you chug 1.5 beers in your car. Why did you do this instead of going inside? 4. You say at 10:15 you blew .000 on the breathalyzer in the police station, you say that you left Wal-Mart around 8:45 with a case of beer and at least 10-15 minutes later chugged 1.5 beers in your driveway. How did you have a .000 BAC only 60-75 minutes after drinking 1.5 beers? I could see you being anywhere from .003 to .020 or so but .000 on the station machines is unlikely as they are very accurate and the timespan involved shouldn’t have been able to reduce BAC from drinking 1.5 drinks to .000. ---
**Author:** ![snailboy](https://avatars.discourse-cdn.com/v4/letter/s/97f17d/32.png) [@snailboy](https://boards.straightdope.com/u/snailboy)\ **Post date:** [April 6, 2013, 7:44pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/157 "2013-04-06T19:44:32Z")
> [@Martin\_Hyde](#): > > 1. You claim the “true time you bought beer” was 8:45. If you work at a place that sells beer why would you buy it at 8:45 instead of around 7:30 when you left work? I’m not sure how things work in Florida but in Texas, some Walmarts are in dry areas and can’t sell beer. Even in parts of Dallas, this is so. (Luckily not my part.) ---
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [April 6, 2013, 10:06pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/158 "2013-04-06T22:06:13Z")
> [@snailboy](#): > > I’m not sure how things work in Florida but in Texas, some Walmarts are in dry areas and can’t sell beer. Even in parts of Dallas, this is so. (Luckily not my part.) Certainly possible. I was speculating perhaps he bought it at Wal-Mart where he works since he mentions driving _to Wal-Mart_ to buy his beer at 8:45 and later mentions he works at Wal-Mart. It’s possible it’s a different Wal-Mart and the one he works at doesn’t sell beer. But if his coworker supposedly saw him walk out of the building with beer at 7:30 it would make more sense that he bought it where he works. It’s also strange a coworker would make the assumption that someone buying beer = someone driving drunk. I buy beer all the time and it typically leads to me placing it in my refrigerator at home…some people apparently need to chug it in their driveway but to each their own. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [April 6, 2013, 10:54pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/159 "2013-04-06T22:54:13Z")
One thing is for sure, from reading his posts I am sure that no lawyer would ever want to put him on the stand in his own defense. ---
**Author:** ![snailboy](https://avatars.discourse-cdn.com/v4/letter/s/97f17d/32.png) [@snailboy](https://boards.straightdope.com/u/snailboy)\ **Post date:** [April 6, 2013, 11:51pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/160 "2013-04-06T23:51:07Z")
> [@Martin\_Hyde](#): > > Certainly possible. I was speculating perhaps he bought it at Wal-Mart where he works since he mentions driving _to Wal-Mart_ to buy his beer at 8:45 and later mentions he works at Wal-Mart. It’s possible it’s a different Wal-Mart and the one he works at doesn’t sell beer. But if his coworker supposedly saw him walk out of the building with beer at 7:30 it would make more sense that he bought it where he works. Ah. To be honest, I didn’t read his post very clearly. I thought he’d said his neighbors called him in until your post made me reread the first few sentences. I don’t think anyone will blame me for missing certain details from it… [Previous page](https://boards.straightdope.com/t/is-this-legal/654160.md?page=7) [Next page](https://boards.straightdope.com/t/is-this-legal/654160.md?page=9)