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  • #31
    Originally posted by AussiBronze
    From what i've been reading, you guys over there seem to have it a bit hard to get someone on the roadside for DUI??
    We stop drivers and give them a "requirement" that they have to provide a specimen of breath for a breath test on an alcometer, failure to do so then means that they get a free ride to the closest Police Station...
    We have what's called a Random Breath Test (RBT), we pull random vehicles over and give them this requirement:
    "You've been stopped for the purpose of a random breath test, this is breath testing device.
    To comply with my REQUIREMENT, i now direct you to place your mouth over the mouth piece of the device, blowing directly and continuously into the device until directed by me to stop"

    Because we have given them a requirement that is lawful, failure to comply with my requirement means that they are committing an offence of "failure to comply with a Police direction" and is committing an offence that will result in them being arrested and taken back to the closest Police Station.
    We can charge them with failure to provide breath AND with being DUI...
    WOW.. Thats awesome. It never would fly in MD though. Geez. My department has directives prohibiting that.
    John 3:16

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    • #32
      Originally posted by AussiBronze
      From what i've been reading, you guys over there seem to have it a bit hard to get someone on the roadside for DUI??
      We stop drivers and give them a "requirement" that they have to provide a specimen of breath for a breath test on an alcometer, failure to do so then means that they get a free ride to the closest Police Station...
      We have what's called a Random Breath Test (RBT), we pull random vehicles over and give them this requirement:
      "You've been stopped for the purpose of a random breath test, this is breath testing device.
      To comply with my REQUIREMENT, i now direct you to place your mouth over the mouth piece of the device, blowing directly and continuously into the device until directed by me to stop"

      Because we have given them a requirement that is lawful, failure to comply with my requirement means that they are committing an offence of "failure to comply with a Police direction" and is committing an offence that will result in them being arrested and taken back to the closest Police Station.
      We can charge them with failure to provide breath AND with being DUI...

      There were some discussions on this in a previous thread. It would never go over here in the US.....to many privicy issues....and this pesky thing we call the US Constitiution..... Hell, most jurisdictions can barely do checkpoints.......

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      • #33
        Yes, we actually have to have probable cause to arrest them prior to giving them the breath test. That is, we have to arrest them first, then give them the test. I'm not talking about the the hand-held prescreening devices, but
        the breathalyzer, the results of wich have judicial notice.
        You can now follow me on twitter.

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        • #34
          From what you guys have said, it does sound like a lot of work just get somenone for drink driving...
          In the next few months we will be able to conduct Random Drug Tests along with the Breath Tests. Some of the other states here already have the drug tests in place, my understanding is it runs on the same line as the RBT's but it looks more for Green Leafy Material in their sytem along with some other drugs...
          You can't be a Real Country unless you have a BEER and an airline -- it helps if you have some kind of a football team, or some nuclear weapons, but at the very least you need a BEER.
          Frank Zappa

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          • #35
            Originally posted by AussiBronze
            From what you guys have said, it does sound like a lot of work just get somenone for drink driving...
            In the next few months we will be able to conduct Random Drug Tests along with the Breath Tests. Some of the other states here already have the drug tests in place, my understanding is it runs on the same line as the RBT's but it looks more for Green Leafy Material in their sytem along with some other drugs...
            Yep, again with that modern miracle known as "probable cause." Can't do a damn thing without it....however, if you're clever, you can come up with minor ways to obtain it. I'm not saying anything "illegal" of course, but if I see something "shiney", I'm thinking gun or knife. I see a white powder, which of course can be anything from flour, to a corrosive battery to dandruff for all I care, but I'm thinking narcotics....All of which give me probable cause. However, before all that fun, you need to get them to pull over for some reason (unless at a checkpoint).

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            • #36
              Originally posted by aftermath
              Yep, again with that modern miracle known as "probable cause." Can't do a damn thing without it....however, if you're clever, you can come up with minor ways to obtain it. I'm not saying anything "illegal" of course, but if I see something "shiney", I'm thinking gun or knife. I see a white powder, which of course can be anything from flour, to a corrosive battery to dandruff for all I care, but I'm thinking narcotics....All of which give me probable cause. However, before all that fun, you need to get them to pull over for some reason (unless at a checkpoint).

              Reasonable suspicion (Terry frisk) is needed for a weapons search, not PC.
              I'm 10-8 like a shark in a sea of crime..

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