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#21
11-20-2005, 02:40 PM
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Re: If not \"Two Beers, Officer\", then what?
[ QUOTE ]
[ QUOTE ] [ QUOTE ] This could easily explain to the cop the reason he might smell "bar" on you. [/ QUOTE ] But how would you explain the alcohol on your breathe? [/ QUOTE ] If you talk to a cop with alcohol on your breath, then you are a moron. This is what gum/mints/whatever is for. I'm not talking about popping 10 mints in your mouth right after you get pulled over because that would be obvious, but it doesn't hurt to have some in your car and pop a couple when you're leaving the bar. Anyways, it's not sexy to a girl to smell beer on your breath. I almost always chew gum when out drinking. The key is cinnamon gum... it works for smell and it doesn't change the taste of your drinks. [/ QUOTE ] The alcohol on your breath comes from your lungs, not from your mouth. Gum, mints, etc., will not fool a cop, and have never fooled me as a forensic psychologist (in fact, the smell of a masking agent like cinnamon or mint just raises my suspicion). Trust me, when you roll down your window, the cop knows IMMEDIATELY from the smell of your car that someone in it has been drinking, regardless of what you've been chewing. S/he asks questions just to investigate and confirm his/her hypothesis. 
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#22
11-20-2005, 02:45 PM
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Re: The simple answer
[ QUOTE ]
[ QUOTE ] How about you just don't drink and drive, [censored]. [/ QUOTE ] Yes you shouldn't be drunk and drive, but never driving if you've had a couple of drinks isn't possible for most people. It's easy enough if you live somewhere with a good public transportation system, but this isn't the case with most cities. [/ QUOTE ] Again, if you are not impaired, that is, if a) your BAL is under 0.08 and b) you can pass field sobriety tests, then you have no worries. If either a or b is a problem, then you should plan better, so you have a way home. If you haven't planned well, I would suggest either this:  or this: 
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#23
11-20-2005, 02:56 PM
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Re: If not \"Two Beers, Officer\", then what?
[ QUOTE ]
Last time I played golf I played with a lawyer and talked to him about this. His recommendation is to say that you need to talk to your attorney if he has any questions. This requires the police to shut off there video camera so the police will have basically zero evidence on you. I don't know if this is for all states or just Texas. But if you do this you probably will end of having to go to court and spend a couple grand. If I was drinking but wasn't drunk I would just lie and say I hadn't had anything to drink and take a chance that they wouldn't give me a sobriety test. If they chose to test me I may or may not take it. Then if I got arrested I would refuse the breathalizer and all further testing from that point. [/ QUOTE ] I'm not a lawyer, but I'm pretty sure that sying you won't answer questions until you talk to your attorney will work anywhere in th U.S. as this is based on the fifth ammendment and the Miranda ruling. What you have to balance is your chance of keeping the cop from arresting you in the first place against your ability to defend yourself if you do get arrested. Refusing to answer is your legal right, but if you do so, most cops are going to assume you're guilty. OTOH, any admission that you've been drinking, or violated any other law, will be used agaist you if your case goes to trial.
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#24
11-20-2005, 02:59 PM
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Re: The simple answer
[ QUOTE ]
If you get pulled over and have had only two, then all you will need to do is pass the breath test and the field sobriety tests. If you can, then there's no reason to have to figure out what to tell the cop. If you can't then you deserve to go to jail. [/ QUOTE ] Hello!!!!! THE [censored] POINT IS THAT THE FIELD SOBRIETY TESTS ARE WORTHLESS WHETHER OR NOT YOU HAVE BEEN DRINKING. FAILING A FIELD SOBRIETY TEST IS NO REASON TO GO TO JAIL AND THIS IS COMING FROM SOMEONE WHO SHOULD HAVE GONE TO JAIL BUT PASSED WITH FLYING COLORS WHILE HEAVILY INTOXICATED. Please keep your moral righteousness to yourself, especially if you are unwilling to read the very post you are responding to.
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#25
11-20-2005, 03:00 PM
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Re: The simple answer
[ QUOTE ]
[ QUOTE ] [ QUOTE ] How about you just don't drink and drive, [censored]. [/ QUOTE ] How about "it's possible to drink socially without impairing your driving ability," "[censored]?" Milo, have you ever had an alcoholic beverage? Were you automatically smashed after drinking one? How about two? If you know your limit, and you are below it, why should you have to jump through legal hoops just to get home at 2 in the morning when there are barely any cars out without having your license suspended? No need to insult me. Yeah, I've driven with more than 1 beer in me, but I drive better at 0.07999999 BAC than most South Floridians drive at 0.00. If you've ever driven here, you'll know that this applies to most people. [/ QUOTE ] Personally, I would be impaired after one or two drinks. Most people would not. If you get pulled over and have had only two, then all you will need to do is pass the breath test and the field sobriety tests. If you can, then there's no reason to have to figure out what to tell the cop. If you can't then you deserve to go to jail. The problem is, studies of drinking and driving show that people grossly underestimate their level of impairment, and grossly overestimate how much they drink and still drive safely. People also underestimate how much they have been drinking. Many of those who say "two beers, officer," truly believe it, even when a breath/blood test clearly demonstrates they have had many more. Bottom line, alcohol impairs judgment. Left to make the decision on your own, one of three things will be happen: 1) You will be non-impaired, and will be safe to drive, therefore you will correctly judge yourself safe; or 2) You will be impaired and unsafe to drive, will recognize this and not drive; or 3) You will be impaired, and since judgment (part of executive function, the first brain activity to be impacted by alcohol) is also impaired, you will incorrectly judge yourself to be non-impaired and will drive. We are now back to my simple answer. [/ QUOTE ] It's nice that you live in some lala land, but this is the real world. People are responsible for their own actions. If I want to go out, have a couple beers and drive home, guess what? THE LAW SAYS I CAN! Just because you drink a couple drinks and then drive does NOT mean you are impared (at least legally, don't give me this crap about everyone is impared from the second they drink). I can drink 2 beers and be perfectly fine. On the other hand, if I take Nyquil, I will not drive a car. 1 dose of Nyquil screws me up 10 times worse than 2 beers. Is there a law against me driving under the influence of cold medicine? No. See what a mean, it's not a lala land we live in.
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#26
11-20-2005, 03:00 PM
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Re: If not \"Two Beers, Officer\", then what?
[ QUOTE ]
[ QUOTE ] Last time I played golf I played with a lawyer and talked to him about this. His recommendation is to say that you need to talk to your attorney if he has any questions. This requires the police to shut off there video camera so the police will have basically zero evidence on you. I don't know if this is for all states or just Texas. But if you do this you probably will end of having to go to court and spend a couple grand. If I was drinking but wasn't drunk I would just lie and say I hadn't had anything to drink and take a chance that they wouldn't give me a sobriety test. If they chose to test me I may or may not take it. Then if I got arrested I would refuse the breathalizer and all further testing from that point. [/ QUOTE ] I'm not a lawyer, but I'm pretty sure that sying you won't answer questions until you talk to your attorney will work anywhere in th U.S. as this is based on the fifth ammendment and the Miranda ruling. What you have to balance is your chance of keeping the cop from arresting you in the first place against your ability to defend yourself if you do get arrested. Refusing to answer is your legal right, but if you do so, most cops are going to assume you're guilty. OTOH, any admission that you've been drinking, or violated any other law, will be used agaist you if your case goes to trial. [/ QUOTE ] I asked the wife (who is a lawyer who has both prosecuted and defended people for DUI). She said that during the "investigation" phase this likely would not work. Once arrested, you have rights under Miranda. So your refusal to talk would likely result in arrest. Your refusal to do the breath test is generally an AUTOMATIC 1 year suspension, whether you are eventually found guilty or not. It is, of course, possible that your refusal may prevent them from gathering enough evidence to prosecute, but again, it's easier to avoid the whole mess.
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#27
11-20-2005, 03:01 PM
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Re: If not \"Two Beers, Officer\", then what?
[ QUOTE ]
But, if you say "no, I've had nothing" and he has you take a test anyway, could the fact that you said you had nothing be used against you? [/ QUOTE ] Worst case, they could charge you with making a false report to police, or some such. If you testify in a trial, the prosecution might be able to use this to undermine your credibility.
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#28
11-20-2005, 03:05 PM
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Re: If not \"Two Beers, Officer\", then what?
[ QUOTE ]
[ QUOTE ] But, if you say "no, I've had nothing" and he has you take a test anyway, could the fact that you said you had nothing be used against you? [/ QUOTE ] Worst case, they could charge you with making a false report to police, or some such. If you testify in a trial, the prosecution might be able to use this to undermine your credibility. [/ QUOTE ] It's not making a false report to police if it's about yourself. Unless you are legally required to give the truth, such as your real name, you can tell them whatever you want. For the record, the correct answer in this thread is to tell them that you have had nothing to drink.
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#29
11-20-2005, 03:05 PM
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Re: The simple answer
[ QUOTE ]
[ QUOTE ] If you get pulled over and have had only two, then all you will need to do is pass the breath test and the field sobriety tests. If you can, then there's no reason to have to figure out what to tell the cop. If you can't then you deserve to go to jail. [/ QUOTE ] Hello!!!!! THE [censored] POINT IS THAT THE FIELD SOBRIETY TESTS ARE WORTHLESS WHETHER OR NOT YOU HAVE BEEN DRINKING. FAILING A FIELD SOBRIETY TEST IS NO REASON TO GO TO JAIL AND THIS IS COMING FROM SOMEONE WHO SHOULD HAVE GONE TO JAIL BUT PASSED WITH FLYING COLORS WHILE HEAVILY INTOXICATED. Please keep your moral righteousness to yourself, especially if you are unwilling to read the very post you are responding to. [/ QUOTE ] If you can pass field sobriety tests while intoxicated, you likely have a high tolerance for alcohol. This is not something you are born with, but something you develop over time, by drinking a lot. I see no reason to keep my moral righteousness to myself, when you put me, my wife and my children at risk when you choose to drink and drive. It makes me very sad to hear that you avoided jail, and the "loving companionship" of the cellmate you so richly deserve.
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#30
11-20-2005, 03:09 PM
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Re: If not \"Two Beers, Officer\", then what?
Basically if they think you are drunk you are screwed.
Many years ago i was watching a friend of mine in a band play at a bar out of town. After it was over i went out to my car and drove away. At the time i walked with a limp. I got just up the raod a bit and get pulled over. Cop gives me some BS reason for pulling me over. He decides i have been drinking and need to walk a staight line. I have a limp so i can't. He arrests me and has my car impounded. We go to the police station and of course i test 0.00 becsaue i hadn't had a thing to drink. I am free to go. THis is a Fri night they give me a number to call to get my car back. They tell me i can come by on Mon to get my car. I am 50 miles from home and have to call someoen to come get me becaue of the red neck cop.
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