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  • SgtScott31
    replied
    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.

    Leave a comment:


  • aftermath
    replied
    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).

    Leave a comment:


  • AussiBronze
    replied
    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...

    Leave a comment:


  • SlowDownThere
    replied
    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.

    Leave a comment:


  • Bearcat357
    replied
    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.......

    Leave a comment:


  • redbird07
    replied
    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.

    Leave a comment:


  • AussiBronze
    replied
    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...

    Leave a comment:


  • DeputySC
    replied
    If i pulled someone over for a minor traffic offense that I would normal give a verbal warning for, I would be more likely to write them a ticket if they handed me something like that. Mabey attach my own letter to the ticket saying "thank your attorney".

    Leave a comment:


  • mfroseth
    replied
    Originally posted by luv2Bblu
    PREMIER DUI lawyer in the Atlanta metro area and actually is really good at what he does...true he is a scumbag DUI lawyer but he gets ALOT of cases dropped based on MINOR, MINOR technicalities...he has a ton of billboards advertising his services, along with spots on radio and television...he costs a pretty penny i'm sure.
    Who cares if he gets them off? By the time they pay for his services the drunk will probably have forked over more moola and time then had they just pleaded no contest and accepted a first offenders program. A few may actually learn their lesson and call a cab the next time. WE STILL WIN!

    Leave a comment:


  • 11b101abn
    replied
    Originally posted by aftermath
    hilarious...

    I have actually smoked this guy in court a couple of times. His schtick is to get the officer to reduce the charge to reckless driving, thereby preserving his clients driving priviledges.

    He is polite and courteous, and makes loads of fricking cash off of these people that think that his cards and handouts mean a damn thing.


    Good report writing, training, and video are the best allies you can have on DUI case. At least in my experience.

    Leave a comment:


  • aftermath
    replied
    Originally posted by Fuzz
    Here are excerpts from the "DUI" card

    1. I hereby tender my driver's license and proof of insurance.
    Why thank you...dont forget the registration Mr Attorney.
    2. I have committed no crime and request that my papers be returned to me and that I be allowed to depart immediately.
    You have committed a violation or are suspected of committin a violation or you would not have been stopped. You are NOT allowed to depart immediately as I am investigating and had probable cause to stop you.
    3. If you are not going to allow me to leave at this time, I will assume that this is more than a brief investigory stop and that I am under arrest.
    Wrong again but go ahead and "assume" because we all know what that makes you. Me not immediately releasing you at your request does not turn this into an automatic arrest. I have anywhere from 15-20 minutes for a standard stop before it is considered a prolonged detention where "arrest" issues may come up.Even longer if there are other facts involved.
    4. I invoke my RIGHT TO REMAIN SILENT, and do not wish to make any statements, nor do I wish to answer any questions relating to consumption of alcohol. I rightfully, and voluntarily CHOOSE NOT TO TAKE ANY FIELD SOBRIETY TESTS, including the handheld ALCO-SENSOR breath testing device (i.e. ABC's, touch nose, balancing tests, etc).
    And that is your right.
    5. I DO CONSENT to tests of my blood, breath, or urine, at the police station or state testing facility, provided that (1) they are conducted in compliance with O.C.G.A. § 50-13-1, et seq., (2) I am afforded independent testing at a private medical facility by personnel of my own choosing.
    If you choose a blood test a sample is kept for you to be tested by your personnel at YOUR cost before your trial.
    6. In the event that I am served with a Notice of Intent to Suspend my license, I hereby request a hearing on the proposed administrative suspension, and that you FORWARD MY REQUEST IMMEDIATELY to the Georgia Deparment of Public Safety, P.O. Box 1456, Atlanta, Georgia 30371.
    Sorry I am not the US Postal service nor do I run your personal errands. The paperwork states for YOU to contact DMV....make sure you have your attorney do that so he can bill you even more money.
    7. I do NOT CONSENT TO A SEARCH of my person, vehicle, or any other property without my WRITTEN permission.
    Guess what.....you are going to be searched and your car will be searched when you are arrested and I do not need your "WRITTEN" permission to do so as you will be in handcuffs unable to use a pen. If you are not arrested then I will not violate your rights and search you and your car.....fair enough.
    8. I immediately INVOKE MY RIGHT TO AN ATTORNEY and request that I be allowed to call ATTORNEY GEORGE STEIN AT 681-4000. I will answer no further questions until my attorney, George Stein, is present.
    You are on the side of the road during an investigation....no attorney will be called or allowed to be present. After you are arrested, booked and processed you will be allowed to make phone calls. Call whoever you like....if you would like this attorney to make money off of your poor choices tonight then please do so.

    These things crack me up... typical scumbag attorney. I am all about peoples rights, but at least give them information that will actually help them and not this crap. Heres a novel thought....dont break the law and you wont have to worry about these things. Dont drink and drive putting everybody in danger and you wont have to worry about trying not to be caught after being stopped.
    hilarious...

    Leave a comment:


  • SlowDownThere
    replied
    Originally posted by Ten Six
    If I had cause to believe the driver is drunk, I would proceed with the investigation. If the suspect refused a chemical test, I would ask for a search warrant to obtain a blood sample (evidence). Even without the search warrant, I would still have probable cause to make the arrest.
    Spot on Ten Six. We actually made DWI arrests before someone invented SFST's (I know that's hard to believe, but it's true).

    BTW, the laws can be quite different in other states. In NYS, no such search warrant can be issued unless there is a crash involving death or serious physical injury to someone other than the driver.

    Leave a comment:


  • luv2Bblu
    Guest replied
    I was reading Fuzz's response and i was cracking up...I was not surprised to see that the lawyer was George Stein....he is considered the PREMIER DUI lawyer in the Atlanta metro area and actually is really good at what he does...true he is a scumbag DUI lawyer but he gets ALOT of cases dropped based on MINOR, MINOR technicalities...he has a ton of billboards advertising his services, along with spots on radio and television...he costs a pretty penny i'm sure.

    Leave a comment:


  • irishdep
    replied
    This clown lawyer can't think this will work. I think the lawyer knows giving something like that to a LEO is going to cause more problems, and potential charges, and if this jerk is their counsel then he's going to make more $$$$$$$ getting them out of the problems he help create. "If they have more charges I make more $$$$$$$"

    Leave a comment:


  • Smurfette_76
    replied
    OMG, Fuzz...bwwwwwwwwwwwaaaaaaaaaaaahhhhhhhhhhhhhhhhhhh

    Leave a comment:

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