I once heard a story, second-hand, that an old guy was drunk driving and got pulled over by a cop.
Before the cop could do anything, the old guy got out of his car, tossed his car keys to the side of the road, then pulled out a whiskey bottle and took a huge long swallow. Then he threw the bottle crashing to the pavement.
The cop cursed him, because apparently he could not prove DUI. After all, the guy was no longer in possession of his car keys, was outside his vehicle, and could have become intoxicated only while drinking from the bottle while outside his vehicle.
Thoughts? (Especially interested in police officer views)
Oh, and again I stress that I "heard about this". May not have happened. Who knows.
2007-09-27 07:45:51 · 11 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Now this story may be bull, I don't know. But I do think it's a great story.
2007-09-27 07:50:42 · update #1
Keep in mind, and I should have said, I heard this story maybe 20 or 30 years ago. Just now recalling it for some reason. And when it was told to me, it seemed like something that had happened many years before that; so maybe it happened (if at all) 40 or 50 years ago.
I could imagine in those days, some gold guy on a backroad in Oklahoma or some place, pulling this kind of crap.
Regardless, this did not happen in the days of traffic cameras.
2007-09-27 08:01:07 · update #2
I disagree.
I had a friend who drove to the shop quick after some drinking to get a few things (not liquor). She finished her shopping and was getting into the car when a cop happened to pull into the lot. She was staggering a little. The cop saw her get in (she did NOT start the car or even put the key in) and came over and did a sobriety test. She explained that she had not been driving and that she was waiting for her friend to drive her home. She failed the test and was given a DUI with the explanation that she had obviously driven the car to the store and despite not being caught driving she had been driving drunk. She fought this in court and lost. Nobody really believed that this could happen but it did.
2007-09-27 08:15:19 · answer #1 · answered by Anonymous · 2⤊ 1⤋
Well I suppose no cop who hasn't been on the job for more than 20 years could attest to the laws and loopholes of that time. However, I can tell you that today, if I see you driving a vehicle and I pull you for a suspected DUI, and you fail the breath test then you can and will be arrested and cited fo DUI. First of all, the cop must have a had a reson to pull him, like he was swerving or somthing like that. In which case he could be cited at the very least for wreckless driving. Also, one swig of whiskey will not make you drunk, so if he blows .08 or higher, then I can lawfully deduce that he was drunk while driving. Also, for trying that little stunt, I'd cite him twice for littering (throwing his keys and smashing the bottle) once for endangering other motorists (since the broken glass could cause a wreck) once for having an open container in the vehilce, and once for willfully obstructing traffic (since with no keys the vehicle can't be moved). I'd also extensively search him and his his vehicle to see if there's anything else I could get him for, of course checking to see if his license is valid, if his tags, registration, inspection, and insurance are up to date, and I'd check to see if he has any other warrants. In NC, I can take your license for 24 months for those regardless, and if convicted you can be sentenced for up to 7 years for that many charges. Don't try to outsmart a police officer, there is ALWAYS some way to ruin your day. I should say that I don't make a habit of doing that with everyone, just drunk drivers, especially if they pull a stunt. I mean to be well understood. I lost my brothers and sisters to drunk driving, drunk drivers are the scum of the earth.
2007-09-27 15:23:49 · answer #2 · answered by Josh 6 · 1⤊ 0⤋
This would probably make any breathalyzer test questionable as evidence. However most states can get a conviction without this test if they have video of the person driving. Keep in mind that a cop as a witness in front of a jury gets more credit than the average joe would. Something about a badge and a gun makes you truthful.
The best defense to a DUI is to refuse all tests, refuse to answer any questions and hire a very good defense attorney. Most states will suspend your license for refusal of the tests, but that is nothing compared to a conviction for DUI.
Of course the most fool proof defense to DUI is to not drink and drive. You being the drunk will survive the accident, but the soccer mom and the kids will get killed.
2007-09-27 14:58:08 · answer #3 · answered by hensleyclaw 5 · 0⤊ 0⤋
Nope.
The officer SAW him driving, the fact that the guy jumped out of the car would have no bearing on the case.
If field sobriety tests were conducted and the driver failed, there would be probable cause to arrest, because the alcohol he just drank would not have had time to get into his system.
The driver's lawyer could argue that the Blood Alcohol Level from the breath test was effected slightly by the post driving whiskey, but I doubt that there would be much sympathy from a judge there, since he was clearly trying to avoid an arrest.
2007-09-27 14:53:09 · answer #4 · answered by Citicop 7 · 2⤊ 0⤋
I have heard this story too. I also heard the answer from a State Trooper in Defensive Drivers class while in the Military.
He was seen driving and still had "access" to the keys even though he threw them. After failing the field sobriety test, he was arrested. He was also given a ticket for "open container" public intoxication, and littering. He failed the test at the trooper barracks and was convicted on all counts.
2007-09-27 15:07:09 · answer #5 · answered by sensible_man 7 · 2⤊ 0⤋
No this is a false story. You must have a reason to pull them over to begin with. If you do and they pull a stunt like that, then you have reason to believe they are under the influence of intoxicants. You then give them a field sobriety test and if they fail you may have your case. 1- Do I have a reason to stop this vehicle?. 2- Do I have a reason to ask them to step out of the vehicle? 3- Do I have a reason to arrest this person?. Document all things you see and hear and smell. The most important thing is why did I stop the vehicle?
2007-09-27 14:56:42 · answer #6 · answered by schneider2294@sbcglobal.net 6 · 1⤊ 0⤋
Having an open bottle in a car is considering drinking and driving in my state. A blood alcohol test, of course, would tell exactly how much alcohol he'd been drinking.
BUT, if I were the cop and this happened, I think I might consider lying. It might save a life or two.
2007-09-27 15:05:48 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Baloney.
2007-09-27 14:49:45 · answer #8 · answered by regerugged 7 · 1⤊ 0⤋
The story is phony. There was more than enough evidence to arrest him.
2007-09-27 14:58:40 · answer #9 · answered by CGIV76 7 · 1⤊ 0⤋
not today with video cameras in patrol cars
2007-09-27 14:49:38 · answer #10 · answered by Anonymous · 2⤊ 0⤋