Sobriety Checkpoint leads to Forcible Extraction

[Denny347]

And when did they change it? I thought it used to be 30 minutes before the certified test. Or am I wrong?

State law requires 20 minutes. I check the mouth for foreign objects then I have to wait 20 minutes before I can administer the certified breath test.

 

[Kutnupe14]

State law requires 20 minutes. I check the mouth for foreign objects then I have to wait 20 minutes before I can administer the certified breath test.

Denny's right, it is 20 mins (brainfart)

 

[steveh_131]

Damn, you're a hoot!!

OK.
The Doctor states that he is giving his OPINION ONLY.
The Officer has testified in Court as an EXPERT witness and his testimony was accepted by the Court as factual.

You fail!

expert witness legal definition of expert witness. expert witness synonyms by the Free Online Law Dictionary.

expert witness n. a person who is a specialist in a subject, often technical, who may present his/her expert opinion

Who fails now? Making a fool of you is really too easy. Takes all the fun out of it.

That's it? That's your solution? I think you'll get a lot further by contacting your legislators. What better way to influence laws than by speaking directly to those who make and amend the laws? In fact, I think you should email your legislators with all the ideas you've presented here and then post their responses. I'd be very interested to see what those in power think about your suggestions.

This propaganda has even the most liberty-minded people convinced that we should gladly sacrifice our rights for public safety. Once some of them can be persuaded, then there might be a point to discussing it with legislators.

 

[Mr. Habib]

Just to throw more fuel on the fire, I'll post this link. The DUI Exception - Page 1
Note: this comes from California so some of the laws may not apply, but the information about BAC, testing, and evidence will.

 

[UncleMike]

expert witness legal definition of expert witness. expert witness synonyms by the Free Online Law Dictionary.



Who fails now? Making a fool of you is really too easy. Takes all the fun out of it.

You really need to spend some time in Court. (But not as a Defendant this time.), in order to understand the Courts definition of Expert.
An Expert may give testimony that would be merely an opinion by a non Expert.
The Expert must prove to the Court that their testimony is accurate and factual based on their EXPERIENCE, TRAINING, and EDUCATION.
The Judge has the ability to rule that the witness possesses sufficient knowledge of the subject to the extent that that persons testimony is factual even though it would be considered an opinion by a person lacking the necessary EXPERIENCE, TRAINING, and EDUCATION.
I've testified in Court as a Firearms Expert after providing the Judge with my EXPERIENCE, TRAINING, and EDUCATION credentials.
When did you last testify in Court as an Expert??
Oh wait...
Never mind!
You derive your expertise from the Interwebz.
That trumps real life experience every time.

 

[steveh_131]

blah blah

personal insult

blah blah

excessive punctuation

blah blah

personal insult

It's amazing how wordy you get when you're trying to weasel around the fact that you've been proved wrong.

Edit: And to add, being admitted in court as "expert testimony" does not prove it is "fact", that simply proves that it is an opinion worthy of being heard in court. What, you think an "expert witness" in a trial has never been shown to be misinformed or incorrect?

 

[Keyser Soze]

You can make a case off HGN alone. If they are .08 or high no matter what its operating per se. Defense attorney is going to argue what cause did you have to offer a cetified test. Ive found odor of alcohol, failed HGN is enough. Your going to need to prove impairment .08 or below. This is why the per se law exist. Like some others opposed to a per se limit. Ive seen people trashed at .04 and seemingly normal people at .15 (outside of the hgn). Drunk is drunk. True you can convict someone below .08. Ive found it to be pretty difficult. .08 seems to be drilled in peoples heads.

 

[rjstew317]

I got a better idea... let's have a pow wow, get together, and show exactly how SFST is conducted. I'll stay sober, chip in on booze, and even take ppl (in the Indy metro area) home. Who's game?

I'll play the guinea pig, sounds like it could be interesting.

 

[UncleMike]

It's amazing how wordy you get when you're trying to weasel around the fact that you've been proved wrong.

Edit: And to add, being admitted in court as "expert testimony" does not prove it is "fact", that simply proves that it is an opinion worthy of being heard in court. What, you think an "expert witness" in a trial has never been shown to be misinformed or incorrect?

You're hopeless!
Carry on Junior.

 

[88GT]

I've testified in Court as a Firearms Expert after providing the Judge with my EXPERIENCE, TRAINING, and EDUCATION credentials.

What are you trying to prove? Expert witnesses still only provide opinions. We just like to think it's based on something more solid than a fart-in-the-wind guess. Sometimes it is. Sometimes it's not. It's still just an opinion.

 

[steveh_131]

What are you trying to prove? Expert witnesses still only provide opinions. We just like to think it's based on something more solid than a fart-in-the-wind guess. Sometimes it is. Sometimes it's not. It's still just an opinion.

Don't worry, UncleMike. I'll handle this young'in.


88gt, maybe you should take a course in the English language.
Then you would understand.
Have you ever been a police officer?
I didn't think so.

Sometimes life isn't fair.
Sometimes opinions are facts.
Sometimes black is white.
You would know this if you had ever testified in court.
But instead you testify on the internet.

You'll never learn.

 

[SirRealism]

[snip]
Oh wait...
Never mind!
You derive your expertise from the Interwebz.
That trumps real life experience every time.

It'd be more efficient if you just put this in your sig.

 

[level.eleven]

An expert is an ordinary fellow from another town.
-Mark Twain

 

[Mr. Habib]

Or as we say at work; an expert is anybody 50 miles from home, carrying a briefcase.

 

[ljadayton]

I'll play the guinea pig, sounds like it could be interesting.

I don't drink but this could be interesting. I'm in

 

[IMakeGum]

Holy F*CKING WOW....I thought I lived in America.....
I never ONCE heard the name or badge number of the officers. I know they do have a difficult job, but at the same time, they usually spout off their name and badge ## out of spite, because they know they have some merit to their actions....not in this case....

Ummmm, just F*ing wow again.

My dad wears a T-Shirt all the time that says "No-Bama" and on the back it says "I escaped socialism, I KNOW it doesn't work" the front also has a hammer and sickle in place of the "O" in NO (N-O-hammer and sickle-BAMA)
This is completely socialistic.

First hand experience: I was visiting Hungary and the cops merely have to point to a car, randomly, without probable cause, and that car has to pull over and all occupants have to show legitimate paperwork. My cousin was SWEATING when this happened to us. I saw him visibly shaking.....but they didn't pick our car to pull over, lucky us American travelers.....

Good old US of A.... makes me sad that our troops are losing their lives in sh*t hole countries to defend this kind of police state fascism.....

the saddest part is that this is the BEST country in the world regarding freedom....this video makes one question freedom all together

 

[rambone]

Welcome to INGO

Holy F*CKING WOW....I thought I lived in America.....

Good old US of A.... makes me sad that our troops are losing their lives in sh*t hole countries to defend this kind of police state fascism.....

the saddest part is that this is the BEST country in the world regarding freedom....this video makes one question freedom all together

 

[ihateiraq]

Holy F*CKING WOW....I thought I lived in America.....
I never ONCE heard the name or badge number of the officers. I know they do have a difficult job, but at the same time, they usually spout off their name and badge ## out of spite, because they know they have some merit to their actions....not in this case....

Ummmm, just F*ing wow again.

My dad wears a T-Shirt all the time that says "No-Bama" and on the back it says "I escaped socialism, I KNOW it doesn't work" the front also has a hammer and sickle in place of the "O" in NO (N-O-hammer and sickle-BAMA)
This is completely socialistic.

First hand experience: I was visiting Hungary and the cops merely have to point to a car, randomly, without probable cause, and that car has to pull over and all occupants have to show legitimate paperwork. My cousin was SWEATING when this happened to us. I saw him visibly shaking.....but they didn't pick our car to pull over, lucky us American travelers.....

Good old US of A.... makes me sad that our troops are losing their lives in sh*t hole countries to defend this kind of police state fascism.....

the saddest part is that this is the BEST country in the world regarding freedom....this video makes one question freedom all together

im really glad you got so descriptive on that shirt. i was having a hard time picturing it in my head.

 

[lrahm]

Imakegum, in Russia if you commit a traffic offense, they just take your car.

 

[Liberty's Teeth]

Comparing someone driving drunk to someone owning a gun is complete nonsense. A drunk driver can kill anyone at any time without making a decision to do so. His/her decision was made when they didn't prepare to not have themselves in that position ahead of time. Making that comparison would be accurate if you knew if you took your gun out it will start firing randomly through the night. If you hit something it becomes a crime. If it misses, oh well, nobody got hurt. Ridiculous? of course, guns don't randomly fire against your will. Drunks do randomly crash into innocent people.