I was pulled over by a cop on the reservation. He thought I was intoxicated. I was not, he administered some DWI tests. I know very well that I did not fail them and he said I did, but then he lets me go. If I would have in fact failed all these tests would I have not been allowed to leave? in my vehicle morever?
2007-03-12 18:58:27 · 26 answers · asked by RexD 1 in Politics & Government ➔ Law Enforcement & Police
and no breath tests, it was all physical stuff: eye following the pen, standing on one leg, walking and counting steps.
2007-03-12 19:07:49 · update #1
If you had truly failed the officer would have been compelled to arrest you, impound your vehicle or make arrangements, and appear at your hearing. So either one of three things happened.
One-You did pass all the tests and he said you didn't to see if you would confess to doing something wrong anyway.
Two-You did fail but the officer for some reason didn't feel like going to all the trouble and let you go despite the fact he was suppost to arrest you.
Three-Since you were on a reservation the officer may not have been within his jurisdiction and thus could not arrest you without the ruling tribal authority.
No matter, just take it as a learning experience.
2007-03-12 19:04:34 · answer #1 · answered by ? 4 · 0⤊ 0⤋
First of all, I noticed that you said "on the reservation", if this is a federally recognized Indian reservation; they are like a sovereign nation and have their own laws.
If they are following the guidelines I would have to follow, he may have allowed you some latitude if you failed part, but not all the tests. BTW a drunk usually thinks he did good on the tests no matter how bad he failed them.
Secondly, to jeremy below. I wish i got a commission of all the arrests I make.
2007-03-13 10:50:24 · answer #2 · answered by LawDawg 5 · 0⤊ 0⤋
Let's hope that cops don't allow intoxicated people drive around. I think if he did let you go, was because you weren't intoxicated as you mentioned and he said you were just to see if he could get some money from you, when he realized that wasn't to happen, he decided to let you go because he could not take you to the Princeton without you being intoxicated, another test could be taken and he didn't want to take the risk, of looking corrupted or suspicious to others.
This is what i think that makes sense to me in order for him have let you go.
Do you drive a fancy car ?
2007-03-12 19:06:55 · answer #3 · answered by Anonymous · 0⤊ 0⤋
On the reservation...the cops are a "push-over"
I should know I'm from one.
they don't "serve and protect" like they should.
So he was probably trying to make himself look smart and say you failed your tests when you didnt....thus, letting you go cause he had nothing to pin on you.
If you would have failed a DWI test on the reservation they would have took you to jail and either left your car where they pulled you over or have it towed.
but if you were taken to the tribal jail you'd only sit in there until the next day. nothing serious.
this is what they do on the reservation i come from.
2007-03-12 19:05:27 · answer #4 · answered by lady_luv 2 · 0⤊ 0⤋
He was lying to save face, but it doesn't matter. A cop can pull you over for almost anything. In AZ the book on traffic law is 10pt font and nearly 1000 pages. I don't know how many time you can say, "red light running is illegal." So, I basically assume that you can be pulled over for anything.
Count your blessings man, it could have been a cop you just lost his partner, wife, and/or kids and wanted to take out some agression on the so called criminals.
And, between you and I. Practice makes perfect, the more tickets you can get out of the better.
2007-03-12 19:04:27 · answer #5 · answered by Heero Yui 3 · 1⤊ 1⤋
Iron clad, human beings pass the sector sobriety attempt all of the time because of the fact of extra beneficial adrenaline. The breathalyzer is seen the word of god. Get a good legal professional that makes a speciality of DWI circumstances. good success.
2016-10-18 06:15:42 · answer #6 · answered by corbo 4 · 0⤊ 0⤋
From the field tests ( field sobriety) you may indeed fail one of them and not be arrested. It is a combination of the results of all of the tests.
If you had completely failed them they would have taken you in for a breath test at the station.
2007-03-13 09:02:09 · answer #7 · answered by Anonymous · 0⤊ 0⤋
He would not have let you go. Because if he did, and you were drunk, you would have put people in danger. He must have known you weren't drunk, because he probably sees that kind of stuff all the time, and should know when someone is sober or not.
Also, you might have just come off as stoned or something. Some people are really mellow and just seem like their high or something. But no, he wouldn't have let you go. He probably just didn't want to look like a fool, by telling you you're sober, when he just said you weren't.
2007-03-12 19:02:52 · answer #8 · answered by Joshu@ 5 · 1⤊ 1⤋
whereim from you take the tests until you fail 3 of them. you will take tests until you fail. i did the stand on 1 foot lift other 3 in. off the ground. failed because he said foot was less than 3 in off the ground. i dont recall he measured it with anything. walked perfectly straight but turned wrong dir. failed eye test. then passed 2 breathalyzers. oh they must be broke. went for blood test. my choice. bad as its most accurate. come up .12 back then law was .10.
2007-03-12 19:49:35 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I dont know how it works on the reservation but, legally if your intoxicated and you can't pass they will arrest you.Think about if they let you go when they know your drunk you could drive down the road and have an accident. That's their job. I think he realized you were right and you proably augured with him and he decided to let you go so he would not get in trouble. But I would watch out for him he might watch ya to get ya later.Good luck
2007-03-12 19:06:26 · answer #10 · answered by bluemoon 2 · 0⤊ 0⤋