Traffic stop, officer confiscated my firearms.

[SSGSAD]

The way is is presently.. If one of the people showed signs of injury and let's say they are married. He has beaten the crap out of her, then he would go to jail. She would be offered safe haven. She would be notified when he got out of jail and might stay in jail until he appears in court (hope it's not a long weekend).

Several years ago, domestic battery laws changed greatley. Officers are now obligated to take actions where as back in 76 or 77 they did not.

THANKS, this is what I thought, but wanted to be sure .....

 

[SSGSAD]

YES, THANK YOU .....

 

[BroadbandBrat]

I want to thank all the LEOs that have cut me a break over the 34 years I've been driving, I know when to quit while I'm ahead!!

 

[lrahm]

I want to thank all the LEOs that have cut me a break over the 34 years I've been driving, I know when to quit while I'm ahead!!

All in all, it means showing mutual respect and some common sense. You don't drink while driving and if stopped, uses you head. Dnd't bow down, we don't wear hobnails as some think. If you are doing something stupid, expect a ticket. If you got a warning, it probably means you did something right afterall.

 

[Ted]

Being a .07, it was at the officers discression to give you a DUI or not. Consider yourself lucky that you didn't spend the night in jail and a couple months without a license.

Please cite, as I call BS.

The statutory authority for DUI in Indiana, is .08 Grams. A LEO who completes a Probable Cause Affidavit, does so under penalty of the crime of perjury.

Driving while impaired is one thing, driving while intoxicated is another.

 

[lrahm]

Please cite, as I call BS.

The statutory authority for DUI in Indiana, is .08 Grams.

Driving while impaired is one thing, driving while intoxicated is another.

An LEO who completes a Probable Cause Affidavit, does so under penalty of perjury.

The standard is .08 %BAC. An officer can arrest at a much lower level. He will have to show impairment of the driver.

 

[Ted]

The standard is .08 %BAC. An officer can arrest at a much lower level. He will have to show impairment of the driver.

I'm not debating a LEO's ability to articulate another reason to remove an impaired person from behind the wheel, and quite possibly effect an arrest.

What I am questioning, is the poster's statement that somehow a LEO can manufacture a DUI for civil proceeding, when the statutory element hasn't been met.

 

[lrahm]

I'm not debating a LEO's ability to articulate another reason to remove an impaired person from behind the wheel, and quite possibly effect an arrest.

What I am questioning, is the poster's statement that somehow a LEO can manufacture a DUI for civil proceeding, when the statutory element hasn't been met.

Maybe what we have here is a failure to communicate. From what I can see is that the officer wouldn't be manufacturing a DUI or telling a lie to the the courts to evidence that he saw at the time of the car stop. The OP in this case was his own worse enemy by telling everything that happened. My only problem with the officer would be that he didn't take the OP for testing on a datamaster for an official test. SFST's and PBT's can show impairment but the datamaster is accurate.

Maybe I am not following your train of thought.

 

[Ted]

Maybe what we have here is a failure to communicate. From what I can see is that the officer wouldn't be manufacturing a DUI or telling a lie to the the courts to evidence that he saw at the time of the car stop. The OP in this case was his own worse enemy by telling everything that happened. My only problem with the officer would be that he didn't take the OP for testing on a datamaster for an official test. SFST's and PBT's can show impairment but the datamaster is accurate.

Maybe I am not following your train of thought.

The probable cause affidavit that a LEO has to complete for a simple DUI, states quite clearly that the suspect's BAC is within the range of .08 and .15 Grams....and as such, contrary to IC.

How does .07 BAC result in a legitimate arrest for DUI, when it doesn't meet the statutory requirement?

I understand the concept of impaired per se, but it doesn't address the poster's commentary previously cited.

 

[lrahm]

The probable cause affidavit that a LEO has to complete for a simple DUI, states quite clearly that the suspect's BAC is within the range of .08 and .15 Grams....and as such, contrary to IC.

How does .07 BAC result in a legitimate arrest for DUI, when it doesn't meet the statutory requirement?

I understand the concept of impaired per se, but it doesn't address the poster's commentary previously cited.

The law allows people to arrested under .08% BAC when the officer can show impairment. We have arrested people at .07 % BAC and below. .08 % BAC is just prima facia evidence that the person is too intoxicated to be driving.

 

[j706]

Please cite, as I call BS.

The statutory authority for DUI in Indiana, is .08 Grams. A LEO who completes a Probable Cause Affidavit, does so under penalty of the crime of perjury.

Driving while impaired is one thing, driving while intoxicated is another.

Sheezzzzz!

 

[lrahm]

Please cite, as I call BS.

The statutory authority for DUI in Indiana, is .08 Grams. A LEO who completes a Probable Cause Affidavit, does so under penalty of the crime of perjury.

Driving while impaired is one thing, driving while intoxicated is another.[/QUOTE]


This is one thing I cannot understand at all. Too many people feel that if they have a good "buzz" going in they ar not intoxicated...just impaired. Both are just as dangerous. I have stated it before with very mixed emotions but any time you drink you drink, your reactions are deminished. A person is staill a hazard on the street if he has only had a couple three beers.

Strange, I had a guy last week swore to me he he had "two beers". He tested .28 %BAC. What's with this two beer theory. Do I have "town idiot" wrote on my forehead. Please don't answer that.

 

[Bunnykid68]

Please cite, as I call BS.

The statutory authority for DUI in Indiana, is .08 Grams. A LEO who completes a Probable Cause Affidavit, does so under penalty of the crime of perjury.

Driving while impaired is one thing, driving while intoxicated is another.[/QUOTE]


This is one thing I cannot understand at all. Too many people feel that if they have a good "buzz" going in they ar not intoxicated...just impaired. Both are just as dangerous. I have stated it before with very mixed emotions but any time you drink you drink, your reactions are deminished. A person is staill a hazard on the street if he has only had a couple three beers.

Strange, I had a guy last week swore to me he he had "two beers". He tested .28 %BAC. What's with this two beer theory. Do I have "town idiot" wrote on my forehead. Please don't answer that.

Ok, I gotta answer that last question, it is not on your forehead, it is on a post it on your back

 

[lrahm]

Ok, I gotta answer that last question, it is not on your forehead, it is on a post it on your back

Thanks pal.

Signed, villiage idiot.

 

[Ted]

The law allows people to arrested under .08% BAC when the officer can show impairment. We have arrested people at .07 % BAC and below. .08 % BAC is just prima facia evidence that the person is too intoxicated to be driving.

Okay. Are you able to cite the statutory authority for this?

 

[youngda9]

I only had 2 beers officer....(but I did it 10 times)

 

[Bunnykid68]

I only had 2 beers officer....(but I did it 10 times)

 

[lrahm]

Okay. Are you able to cite the statutory authority for this?

9-13-2-86, in the traffic section defines intoxication and the normal person's abilities to perform tasks. When you look at the level of .08% BAC, this is the prima facia level of intoxication (undisputable level). A person does not need to be at .08 to be impaired/intoxicated.

 

[lrahm]

I do remember the fishbowls, but they weren't quite that big.

 

[Bunnykid68]

I do remember the fishbowls, but they weren't quite that big.

I had just finished 2 of those the day you met me, that is why I didnt need anything to drink