Traffic stop, officer confiscated my firearms.

[gvonpaul]

I'd consider myself lucky that I didn't get an OUI (as opposed to DWI). To my knowledge, in Indiana, more than .05 on a field breathalyzer can get you an OUI if the officer has reason to suspect you are impaired.
Edit> Wow didn't realize this was 45 pages long. I'm sure someone has already made this point somewhere...

 

[inccwchris]

It is not required that an officer read your miranda warnings while you are being detained, just after you are arrested and before formal questioning.

 

[lrahm]

I'd consider myself lucky that I didn't get an OUI (as opposed to DWI). To my knowledge, in Indiana, more than .05 on a field breathalyzer can get you an OUI if the officer has reason to suspect you are impaired.
Edit> Wow didn't realize this was 45 pages long. I'm sure someone has already made this point somewhere...

Got someone last week for .06% BAC. If you have reason to detain him and give him/her a field sobriety test, you will have to read them their "implied consent" prior to data master test.

 

[Destro]

I'd consider myself lucky that I didn't get an OUI (as opposed to DWI). To my knowledge, in Indiana, more than .05 on a field breathalyzer can get you an OUI if the officer has reason to suspect you are impaired.
Edit> Wow didn't realize this was 45 pages long. I'm sure someone has already made this point somewhere...

a PBT can't GET you anything other than screwed, it can only GIVE LE more PC to haul you in for a chemical test. Same for a SFST. PBT's and a SFST are not covered under implied consent.

 

[lrahm]

a PBT can't GET you anything other than screwed, it can only GIVE LE more PC to haul you in for a chemical test. Same for a SFST. PBT's and a SFST are not covered under implied consent.

No they are not covered. However it gives an officer enough PC to give implied consent. In the case of a person who refuses the datamaster test along with implied consent, the SFST is enough PC to arrest a person for DUI. Everyone understands it when they get their license to drive.

 

[Destro]

No they are not covered. However it gives an officer enough PC to give implied consent. In the case of a person who refuses the datamaster test along with implied consent, the SFST is enough PC to arrest a person for DUI. Everyone understands it when they get their license to drive.

what they don't understand is that they can refuse a SFST and a PBT and that is not a violation of implied consent

edit: depending on their age...

 

[lrahm]

what they don't understand is that they can refuse a SFST and a PBT and that is not a violation of implied consent

edit: depending on their age...

That's true, but if they refuse everything...it's still jail.

 

[Destro]

That's true, but if they refuse everything...it's still jail.

Only if they refuse the chemical test, which you offered to them after you had other pc. PBT and SFST refusal is not enough PC for a ride.

 

[LionWeight]

Do we have a conclusion to this thread yet? I'm curious to know how OP fared in court.

 

[lrahm]

Do we have a conclusion to this thread yet? I'm curious to know how OP fared in court.

I'm kind of interested also.

 

[Annie Oakley]

Going to guess that the outcome wasn't all that great.....

 

[lrahm]

Only if they refuse the chemical test, which you offered to them after you had other pc. PBT and SFST refusal is not enough PC for a ride.

If the person refuses everything and the officer can articulate impairment, jail.

 

[lrahm]

Going to guess that the outcome wasn't all that great.....

I would have to agree.

 

[Hiram2005]

Could be that it's rather difficult to post from jail.......................

 

[fullmetaljesus]

i skipped a few pages.

So this cat. Drinks "a few beers" while fishing. Gets in his car with his 15 year old kid.
Decides just for the "hell of it "(guessing he knew he had too many) to let his son drive the "last mile home" gets pulled over and gets a breath test that shows he is clearly intoxicated (to some degree). he is removed from the car, disarmed, and cuffed. The cop tells him hes a bad dad and tries to upset him and his son b/c of his stupid actions.

The cat gets to go home, and pick up his guns a week later and only gets a small ticket. and he wants to cause grief for the cop who let him off ay easy?

 

[TTravis]

Do we have a conclusion to this thread yet? I'm curious to know how OP fared in court.

Just a wile longer. Please be patient.

 

[TTravis]

i skipped a few pages.

So this cat. Drinks "a few beers" while fishing. Gets in his car with his 15 year old kid.
Decides just for the "hell of it "(guessing he knew he had too many) to let his son drive the "last mile home" gets pulled over and gets a breath test that shows he is clearly intoxicated (to some degree). he is removed from the car, disarmed, and cuffed. The cop tells him hes a bad dad and tries to upset him and his son b/c of his stupid actions.

The cat gets to go home, and pick up his guns a week later and only gets a small ticket. and he wants to cause grief for the cop who let him off ay easy?

I'm not going after the cop, and I'm not in jail...... I'll update you when it is time.

 

[lrahm]

We are all sitting here in anticipation.

 

[griffin]

Not that this matters in this case, but be aware that state laws vary. If you ever travel to Michigan, for example, .02 will get you arrested if you have a firearm, not the typical .08 for driving.

I don't even know what it takes to have a .02, one glass of wine?

 

[fullmetaljesus]

Not that this matters in this case, but be aware that state laws vary. If you ever travel to Michigan, for example, .02 will get you arrested if you have a firearm, not the typical .08 for driving.

I don't even know what it takes to have a .02, one glass of wine?

Don't go to catholic mass