Interesting DUI check point video.

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Re: Interesting DUI check point video.

Postby wjbarricklow » Mon Feb 20, 2012 10:02 pm

What can you say after that, other then typical statement from an ignorant American ?? ](*,)


I'd pretty much have to agree with him. They have a much more collectivist culture than we do. A lot of them I have met or chatted with online are comfortable with allowing government what we would consider an inordinate amount of power in the name of catching crooks. Japan's the same way- I read somewhere that juries have about a 98% conviction rate. So yeah, a completely different attitude. At least that's according to what I've read and the people I've communicated with.

Wrong? Maybe. Biased? Probably. Ignorant? Hardly.
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Re: Interesting DUI check point video.

Postby captain steinbrenner » Mon Feb 20, 2012 10:07 pm

I rather be "ignorant" and free than "educated" and a pansy. /:f
If you compare any European country with our liberties, they SUCK, period. [smilie=pdt_xtremez_12.gif]
Whose fault it is? America? =:wvr GTFOH.
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Re: Interesting DUI check point video.

Postby BMW GUY » Mon Feb 20, 2012 10:28 pm

captain steinbrenner wrote:I rather be "ignorant" and free than "educated" and a pansy. /:f
If you compare any European country with our liberties, they SUCK, period. [smilie=pdt_xtremez_12.gif]
Whose fault it is? America? =:wvr GTFOH.


It has nothing to do with being a pansy or not. The Europeans, French, Germans and their governments have been around for a lot longer then you can think back chipping away on the rights of these citizens. How long have the Americans been independent a little over 200 years ? Nothing compared to Europe they have a very different structure. Give it another 200 years, take a guess what it will be ? Maybe not even that long if Obama gets another term. Lets see you when they knock on your door and demand your guns. Ignorant and free don't go well together my friend.

And if you remember the Germans lost the war in 1945 not that long ago. It is very different if you are under the mercy of your allies.

Again ignorance is bliss.
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Re: Interesting DUI check point video.

Postby captain steinbrenner » Mon Feb 20, 2012 10:34 pm

And yet you act like I didn't knew all that and keep offending me.
And because of all that is why we cannot let America go down the drain like Europe.
Please stop offending me, you know what I'm saying is the truth and I even feel sorry for them, I have lots of family in Spain and Portugal.
Death solves all problems, no man, no problem. Joseph Stalin
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Re: Interesting DUI check point video.

Postby BMW GUY » Mon Feb 20, 2012 10:42 pm

I had no intentions in offending you, sorry if I did. You have to admit that your post was somewhat ignorant towards the problem over in Europe.

It is not Americas fault by any means or maybe it is because they didn't give the German citizens any weapons and the American constitution when they had the chance in 1945. So go ahead and pick [smilie=011.gif]

IMO it is no ones fault, it is the way it is over there and no one will change what they have been doing for close to a thousand years.
Last edited by BMW GUY on Mon Feb 20, 2012 10:45 pm, edited 1 time in total.
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Re: Interesting DUI check point video.

Postby BMW GUY » Mon Feb 20, 2012 10:44 pm

Sorry I think we got a little of topic.

:ber
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Re: Interesting DUI check point video.

Postby racer88 » Tue Feb 21, 2012 3:26 pm

Very interesting. I've become more and more aware of the importance of not voluntarily giving up your rights. And, that includes ANYthing you say to a police officer - which may ONLY be used AGAINST you.

I'm naturally a talker, so shutting up takes a conscious effort.

Here's my question to those who may have more knowledge than me... The driver in this video literally said NOTHING. He clammed up. Is that better or worse than stating, "I'm exercising my 5th Amendment right and not answering any questions?" If so, how is it better or worse?

Thanks for indulging my question.
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Re: Interesting DUI check point video.

Postby FSUnoles » Tue Feb 21, 2012 6:57 pm

racer88 wrote:Very interesting. I've become more and more aware of the importance of not voluntarily giving up your rights. And, that includes ANYthing you say to a police officer - which may ONLY be used AGAINST you.

I'm naturally a talker, so shutting up takes a conscious effort.

Here's my question to those who may have more knowledge than me... The driver in this video literally said NOTHING. He clammed up. Is that better or worse than stating, "I'm exercising my 5th Amendment right and not answering any questions?" If so, how is it better or worse?

Thanks for indulging my question.


Somehow I see BSO pulling you out of the car, forcing you to blow and or field sobriety test and if you pass then giving you some BS on how they LET you off and how they GAVE you a break tonight for issuing you a citation for knowing your rights.

Should be interesting to see what those w a JD or an LEO has to say on this.
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Re: Interesting DUI check point video.

Postby George W » Tue Feb 21, 2012 7:17 pm

BMW GUY wrote:It has nothing to do with being a pansy or not. The Europeans, French, Germans and their governments have been around for a lot longer then you can think back chipping away on the rights of these citizens. How long have the Americans been independent a little over 200 years ? Nothing compared to Europe they have a very different structure. Give it another 200 years, take a guess what it will be ? Maybe not even that long if Obama gets another term. Lets see you when they knock on your door and demand your guns. Ignorant and free don't go well together my friend.

And if you remember the Germans lost the war in 1945 not that long ago. It is very different if you are under the mercy of your allies.

Again ignorance is bliss.

And Thomas gets it right. Living under the boot heel of Kings and Tyrants for extended time wears out perceptions of freedom. Having lived in and visited Europe, I have seen this first hand.

As an added bonus, a tip: When the Polizei tells you to get your drunk ass up and out of the Hofbahnhof, do not give him the time to say it twice. Those little batons hurt bad!
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Re: Interesting DUI check point video.

Postby FLEMTP » Wed Feb 22, 2012 2:52 am

FSUnoles wrote:Somehow I see BSO pulling you out of the car, forcing you to blow and or field sobriety test and if you pass then giving you some BS on how they LET you off and how they GAVE you a break tonight for issuing you a citation for knowing your rights.

Should be interesting to see what those w a JD or an LEO has to say on this.



If a LEO does a roadside PBT (preliminary breath test) it invalidates a DUI investigation. They have to do it on the machine at the jail (or where ever they keep the machine at)

They also cannot force you to do FST's

Your best bet if you're stopped on suspicion of DUI (IMHO) is to refuse to do FST's, and refuse to blow. I know they suspend your license automatically, but there is such a thing as a hardship license, and its kinda hard to get a DUI charge to stick when you dont give them any evidence against you (NO FST's and no breath test). If you refuse to blow they will ask for blood, and if you refuse they can get a warrant, but that would be the only evidence against you, and a good lawyer can get that tossed out. Im not for people beating DUI's if they are actually drunk, but the problem is here in florida is if an officer stops you, does FST's on you, and they feel you fail, they arrest you, when the truth is you might have never had a drop to drink, or only had a minor amount of alcohol, and might just be tired instead, for example. They wont know you're not drunk persay until they actually do the breath test at the jail, but by that time you're already charged with DUI.
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Re: Interesting DUI check point video.

Postby 45caldan » Wed Feb 22, 2012 5:02 pm

Check points are run by Nazis.......
Should not be anywhere in AMERICA....
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Re: Interesting DUI check point video.

Postby FSUnoles » Wed Feb 22, 2012 7:29 pm

FLEMTP wrote:
FSUnoles wrote:Somehow I see BSO pulling you out of the car, forcing you to blow and or field sobriety test and if you pass then giving you some BS on how they LET you off and how they GAVE you a break tonight for issuing you a citation for knowing your rights.

Should be interesting to see what those w a JD or an LEO has to say on this.



If a LEO does a roadside PBT (preliminary breath test) it invalidates a DUI investigation.
They have to do it on the machine at the jail (or where ever they keep the machine at)

They also cannot force you to do FST's

Your best bet if you're stopped on suspicion of DUI (IMHO) is to refuse to do FST's, and refuse to blow. I know they suspend your license automatically, but there is such a thing as a hardship license, and its kinda hard to get a DUI charge to stick when you dont give them any evidence against you (NO FST's and no breath test). If you refuse to blow they will ask for blood, and if you refuse they can get a warrant, but that would be the only evidence against you, and a good lawyer can get that tossed out. Im not for people beating DUI's if they are actually drunk, but the problem is here in florida is if an officer stops you, does FST's on you, and they feel you fail, they arrest you, when the truth is you might have never had a drop to drink, or only had a minor amount of alcohol, and might just be tired instead, for example. They wont know you're not drunk persay until they actually do the breath test at the jail, but by that time you're already charged with DUI.


Where the hell have you heard/read this?? :-k
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Re: Interesting DUI check point video.

Postby Big_Mike » Wed Feb 22, 2012 10:36 pm

FSUnoles, I'm pretty sure FLEMTP does this for a living.

I've heard similar from a guy that has 2 dui's but I don't recall all the details nor did I respect him enough to really listen.
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Re: Interesting DUI check point video.

Postby FSUnoles » Wed Feb 22, 2012 10:44 pm

Big_Mike wrote:FSUnoles, I'm pretty sure FLEMTP does this for a living.

I've heard similar from a guy that has 2 dui's but I don't recall all the details nor did I respect him enough to really listen.


Im not doubting him, id just like to see a statute. If taking a roadside breathtest invalidates a DUI, then why would an officer give you one? I know refusing to take one removes their ability to charge you with a dui (no evidence) but you still lose your lic for 6 months and get hit with reckless driving. Remember I graduated from FSU, the DUI capitol of planet earth.
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Re: Interesting DUI check point video.

Postby FLEMTP » Thu Feb 23, 2012 12:08 am

FSUnoles wrote:
Big_Mike wrote:FSUnoles, I'm pretty sure FLEMTP does this for a living.

I've heard similar from a guy that has 2 dui's but I don't recall all the details nor did I respect him enough to really listen.


Im not doubting him, id just like to see a statute. If taking a roadside breathtest invalidates a DUI, then why would an officer give you one? I know refusing to take one removes their ability to charge you with a dui (no evidence) but you still lose your lic for 6 months and get hit with reckless driving. Remember I graduated from FSU, the DUI capitol of planet earth.


I dont have a statute off the top of my head to quote. An officer in florida wont give you a roadside PBT if he is doing a DUI investigation. They will do the FST's and then arrest you on suspicion of DUI, and then take you to the appropriate facility for the respective county (usually the jail) to have you do a breath test by a certified operator with a certified machine. The reason they dont do them roadside is because there are way too many variables. Having one person and one machine makes it a standardized test for the most part and they can certify the results.

Some states a roadside PBT is part of the investigation, but not in florida. Some officers do carry them in florida (College police agencies come to mind) for things such as underage drinking, etc.
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Re: Interesting DUI check point video.

Postby FSUnoles » Thu Feb 23, 2012 12:16 am

FLEMTP wrote:
FSUnoles wrote:
Big_Mike wrote:FSUnoles, I'm pretty sure FLEMTP does this for a living.

I've heard similar from a guy that has 2 dui's but I don't recall all the details nor did I respect him enough to really listen.


Im not doubting him, id just like to see a statute. If taking a roadside breathtest invalidates a DUI, then why would an officer give you one? I know refusing to take one removes their ability to charge you with a dui (no evidence) but you still lose your lic for 6 months and get hit with reckless driving. Remember I graduated from FSU, the DUI capitol of planet earth.


I dont have a statute off the top of my head to quote. An officer in florida wont give you a roadside PBT if he is doing a DUI investigation. They will do the FST's and then arrest you on suspicion of DUI, and then take you to the appropriate facility for the respective county (usually the jail) to have you do a breath test by a certified operator with a certified machine. The reason they dont do them roadside is because there are way too many variables. Having one person and one machine makes it a standardized test for the most part and they can certify the results.

Some states a roadside PBT is part of the investigation, but not in florida. Some officers do carry them in florida (College police agencies come to mind) for things such as underage drinking, etc.


Gotcha
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Re: Interesting DUI check point video.

Postby racer88 » Thu Feb 23, 2012 12:27 am

Pardon my ignorance (or if I missed it)... what is an FST? Thanks.
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Re: Interesting DUI check point video.

Postby itsnunya » Thu Feb 23, 2012 12:43 am

racer88 wrote:Pardon my ignorance (or if I missed it)... what is an FST? Thanks.

Field Sobriety Test...walk the line, touch your nose and so on.
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