A cop pulls you over for a routine traffic stop. You are completely sober, and you’ve never even jaywalked. Your car is in perfect shape and has all the necessary documentation. You decide to mess with his head a little, so you give him a goofy answer.
IANAL, but I (a reasonable person who both prosecuting and defense attorneys would love to have on a jury) think that’s probable cause to think you’re under the influence of something.
Everything after that (10 different types of sobriety tests, checking your car, calling for backup, etc.) is perfectly reasonable if the cop has probable cause to believe you’re impaired. Even if he doesn’t think you’re drunk, he could very well think you’re stoned, which could call for a whole different set of tests.
And in my state, if you refuse to take the test, you automatically lose your driver’s license. Don’t try to take THAT to court, as it’s already been found to be constitutional.
But let’s say you comply with every test and you check out every time. Assuming the cop didn’t give you a ticket for “failure to comply” for your first goofy answer, you aren’t arrested or ticketed.
What grounds do you and your lawyer have to sue? Harassment? Then your entire case is based on “I stand on my constitutional right to be a jerk to a cop during a traffic stop.” And the cop’s entire defense is "During the course of a routine, lawful traffic stop, he gave me a confusing answer which gave me probable cause to believe he was under the influence of alcohol or drugs. "
Of course, the Board should never be used as the final word for legal advice. For that you need to consult a qualified lawyer in your jurisdiction. I believe the going rate is somewhere north of $100/hour.
Kunilou, you were half whooshed there. The suit was snarky. The point was what would happen if you phonetically said the alphabet, then claimed you didn’t know you had to spell it. I suspect any trained officer would know an impaired person wouldn’t be able to do both. And if the officer didn’t, and decided to take you in, $50 will get you out on bail anyway.
Forget $100/hr. One of my BiL’s is a lawyer, free counsel!
They can do what they want with me. But if I broke any laws, I’d be fucked.
Your whole OP and “supporting” posts read like a guy who is trying to rationalize to himself and his buddies that he can last 3 rounds in the ring with Tyson. “See, all I have to do is cover up and dance around, he’ll never lay a glove on me. I got it all figured out. Pass the nachos.”
Tyson, and cops, have seen your kind plenty of times. They have the training and experience that you will never have. Watching a few episodes of Cops, a few boxing matches on USA, or even staying in a Holiday Inn Express does not give you any special qualifications. You may think that in the first 2 1/2 rounds you’re getting away with something, but Tyson (and the cops) can and will fuck you up and make it look so easy.
Like David Simmons requested, shit or get off the pot. Try out your theory and report back, or don’t. If you have it all figured out, then prove it to us. After all, you have your BiL as a safety net.
Hey, ass-fuck. Re-read the OP you’re so fond of. I’m flattered by the way It was a simple question about a rare chance encounter with any law enforcement officer. Where the hell did I mention “buddies”? Or any reason to impress them? And I sure as hell didn’t dance for anyone. Where the hell did you get this shit, uncle-fucker? Are you posting to a different thread than you think? Now, stop fantasizing about my gloved hand and pay attention.
Re-read the fucking OP if you want to respond to it. Otherwise, do the herd of sheep a favor, and let them tea-bag you again. Fucking :wally
All I can say, is that when stopped by a UK cop near Christmas for possible DUI. I was cold stone sober (getting over Pancreatitis, I hadn’t drunk alcohol for a couple of months!) yet the nervousness of being pulled over meant I could hardly walk straight from my car to the cops car, I couldn’t imagine trying to be a smart arse in such a nervy situation. Anyway the cop did the breathalizer test which came out negative and let me go.
In the States they also do the whole gamut of shining the flashlight in your eyes to check for dilation, a balance test, etc. Even if you’re exhausted and fail these, they’ll nornally do a breathalyzer before taking you to jail. However, here, that isn’t enough for conviction, just to get your ass to the jail. That’s when you have to do the court-approved machine they use against you. Or try to use. Even a Public Defender can find flaws in that machine.
Again, My OP is based on a driver that has nothing to fear from a stop. Now if I could figure out a way to initiate this so I can post results.
Maybe a bath in Southern Comfort without drinking any? My wife may not appreciate it, but I’d be willing to do it for Dopers in the name of answering a question.
Well, given that under the current system they can throw you in the slammer for 48 hours for nothing more than “Contempt of Cop,” such behavior is contra-indicated. “Do Not Alloy Men With Guns” is a pretty good rule to go by.
All right, that’s enough, duffer. The thread was stupid enough as it was, but now you’re breaking the forum rules by insulting fellow posters. This thread is closed, and any further transgressions in this vein may lead to the revocation of your posting privileges. In other words: official warning.
