what loopholes are there? such as drinking out of a flask in front of a police officer before they're going to alcohol test you (nullifies the test; you can't be prosecuted for drunk driving)
2007-08-26 16:58:50 · 10 answers · asked by Sam 3 in Politics & Government ➔ Law Enforcement & Police
Ya know, years ago some dweeb actually pulled that one on me. I spotted him driving all over the road and pulled him over. As I walked up to the car, I saw that he was chugging a bottle of whiskey. I got him out of the car and took the bottle away from him. I charged him with a DUI. The breath test he took about 20 minutes later showed .028%. Of course he argued that the level was from him drinking after he was stopped.
He was found guilty. Know why? Because he drank that booze in his car, the car he was in control of. It did not matter that the car was not moving, he had the keys, he was in control of it, and he was drunk. Judge nailed him with a $750 fine and six months in jail. He was not amused by this guy at all. Me, I laughed my butt off. . .
2007-08-26 19:53:56 · answer #1 · answered by Anonymous · 1⤊ 0⤋
The question should be "What urban legends have you heard about dealing with the Police?" I would love to see someone whip out a flask on a DWI stop. That would go great in court towards proving how drunk someone was. My favorite is the back seat dive. You stop the car and the driver jumps into the backseat. You just followed this car like a half a mile down the road. You pull the car over and see the driver make a sudden wild movement and when you get up to the car he is in the backseat. There is no one else in the car and no one got out. Gee, no way to prosecute this guy. He is a criminal genius.
2007-08-26 22:01:58 · answer #2 · answered by El Scott 7 · 0⤊ 0⤋
Believe you are referring to some case law involving "mouth alcohol" on a breath test. Many states leave it up to the officer whether the test is blood, urine or breath. Refusal of any of these is still a refusal. Personally, I'd rather take the blood because them we can also what else you have in your system.
There's alot of urban legends surrounding beating a DUI. When there are exceptions, and it makes case law, most all the police are aware of it and it still doesn't make a DUI arrest invalid.
Quick talking to " Fast Eddy" the street attorney.Getting to the flask in a hurry may also get you shot, under the circumstances.
2007-08-27 02:52:36 · answer #3 · answered by Ret. Sgt. 7 · 0⤊ 0⤋
Wow! do people actually believe this stuff? If you took a drink in front of me while I'm conducting a DUI investigation that is going to make you look like a bigger fool once inside court. Then I take the alcohol away from you wait 15 minutes and do the test anyway, or just take you to the hospital for a blood draw.
Say you were not DUI. Now you just drank alcohol in public in front of a police officer. Not legal in most states so then you just screw yourself again?
2007-08-27 04:49:01 · answer #4 · answered by dreamgirlsbf 2 · 0⤊ 1⤋
Wow, this question is odd...you can't be prosecuted for drunk driving? Since when?
If you are able to get a flask on your person, and be able to drink out of it once I have pulled you over and out of the car, then I should be fired for not doing a proper pat search.
Not possible.
2007-08-26 18:44:25 · answer #5 · answered by Vindicaire 5 · 1⤊ 0⤋
What ? Where did you come up with that one. Might work if no one saw you drive. But then, you would not be pulled over for the test, right ?
Actually, all you would do by that is add to the probable cause and totality of circumstances. Digging a deeper hole.
2007-08-26 19:37:58 · answer #6 · answered by Robert S 6 · 1⤊ 0⤋
Go ahead and try that. You are still in control of the vehicle and may also get a ticket for drinking in public. That little extra alcohol would not immediately enter your system and the test would be valid.
2007-08-26 17:05:44 · answer #7 · answered by sensible_man 7 · 6⤊ 0⤋
Here is the best loophole of all: Dont get into trouble, then you wont need loopholes.
2007-08-26 20:26:58 · answer #8 · answered by woodchipper890 4 · 2⤊ 0⤋
well when you murder someone, just tell them you were trying to kill a gang leader and so its ok
2007-08-26 17:09:11 · answer #9 · answered by stevo 3 · 0⤊ 0⤋
The answer is simple......If you don't start nothin', there won't be nothin'!
2007-08-26 17:17:53 · answer #10 · answered by Anonymous · 2⤊ 0⤋