I'm from n.ireland, not america, but I find your channel fascinating. Your team is very informative on these viral clips. Have to say im learning alot, thankyou so much for your videos 😊
"Totality of the circumstances" goes both ways. This officer seems to think it's only in favor of going his way. Sure, there were MINOR "clues," but the TOTALITY of the circumstances points to NO impairment. No swerving, no slurring of speech, not unsteady, not fumbling, not incoherent, fully cognizant of what's going on, no bloodshot eyes (the cop absolutely would have said something if they were). The ONLY thing in favor of the cop's version of "totality of the circumstances" are those MINOR "clues" that sober people fail all the time.
I don't understand how cops can determine to ruin a person's life by charging them with DUI when it seems likely they are not drunk. Do these people not have a conscience?
thats correct. they do not care about you. they are not there to protect or serve. they are there to find slaves for the commercial prisons with minimum occupancy that rent our laborers to corporations for pennies per hour. they are there to collect money for the corrupt police. they are there to uphold the system of oppression this country is addicted to.
I think it’s an example of “culture is king.” Because their colleagues do it, and because they are rewarded for doing it, it becomes normal to them. In this woman’s case, she showed minor impairment and eventually blew a .04 bac which is below the legal limit. They charged her anyway.
@@helvegr13 Well then they should change the law to where you can have absolutely NO alcohol in your system because that is what they do anyway. Why have a limit if they are not going to use it.
The pot to pay people when they are wrong is the city or county of the jurisdiction @chrisbarnes9082 . If cops all had to pay for liability insurance there would be no cops. Most are already extremely underpaid.
I agree with you. Qualified immunity gives the dirty and crooked officers to stay the way they are with no accountability for their actions. I understand qualified immunity can protect officers that are actually trying to do their job correctly however officers really trying to do everything right wouldn’t need it often enough for that to be a thing. With the footage that can be obtained nowadays, I think that a judge or jury should be able to use their own discretion.
Qualified immunity is derived from sovereign immunity, which is immunity, which is immunity of the king and his men. Do we have a king? No. Qualified immunity should not exist.
@@mark98115 Exactly. Several sections of the Constitution prohibits all immunity claims. 14th amendment. " No state shall make or enforce any law.....nor deny to any person within its jurisdiction the equal protection of the laws." Clearly, if one side has immunity the law is not being enforced equally. Article 1, section 9, clause 8. "No state shall.... grant any title of nobility". One of the primary traits of British royals was that the laws applied to them differently. 5th amendment. "nor be deprived of life, liberty, or property, without due process of law". If your rights were violated then you are entitled to the protections of full due pocess of law. 1st amendment. "Congress shall make no law...abridging the freedom ...to petition the government for a redress of grievances." Clearly the legal process is one way to petition the government.
Best advice I've ever heard in response to the request to do FST's: to say, "Officer, my (insert relative, friend, etc.) is a lawyer and advised me never to do field sobriety tests/ answer questions."
Officer: Have you had anything to drink tonight? Driver: Let's see...ummm... I think six drinks. Officer: You're under arrest for driving under the influence. Three glasses of water, two glasses of soda, and a coffee. Bad question...bad officer.
There should be accountability for false arrests. Cops should be afraid of arresting an innocent person, instead they hide behind immunity, so there are way too many of these videos.
I failed a DUI test & blew 00.0. I was upset. I had a cold, & trouble sleeping to night before. I was just frightened & thought it was cold meditation but found out later it wouldn’t have been. People must stand up for themself, don’t just accept things.
From the top comment of the original video: @brandonk5330: I’m an leo….….I normally do not comment on these vids but I have to on this one because it’s beyond ridiculous and downright harassment. If I made this stop she would have been on her way without nothing but a warning, if that. So I did a little checking. This woman was released with no arrest or citations. Very unprofessional officers here. Thank you for listening to my babble. Stay and be safe everyone.
In defense of most leos, if I did an average of BAC in a large county, I'll bet it would be close to double .08 or refusal. They usually don't mess with the close ones.
I’m a retired cop. Disappointed one of the other officers didn’t pull Captain America aside and tell him to grow up. I had a guy like that on my department. We chased him off.
We had a trooper get in trouble in Sarasota a few years ago. He had the highest arrest record for DUI on the West coast of Florida, but he only stopped women. He knew that if a female admitted to drinking that 8 out of 10 would be over .08 because of height and weight. And he made all his arrests between 10pm and 3am.
I was once driving behind a cop car which was swerving a bit. If it wasn't a cop car, I would had assumed the driver was drunk. Then the reason for the erratic behavior became clear when suddenly a woman's silhouette popped up in the passenger seat.
I got arrested for dui cuz I was a little tired. I blew 00 twice on the breathalyzer. Took two months for the blood test to come back where they dropped the charges. Fun fact, the state suspended my license for 90 days anyways because I had an antidepressant in my system.
This crap is so ridiculous. Despite everything cops are glaringly incompetent at, we are supposed to believe that somehow they are experts at detecting intoxication.
Only a minute into the video but shocked to see this takes place not just in my state, but in my town! In Florida you have to submit to the breathalyzer or it’s a 1 year license suspension I think, but you don’t have to do the field sobriety tests. I looked that up because of your videos, after I tried doing the “walk and turn” while sober and I failed it because I couldn’t balance!! It had never occurred to me before that those tests could have false positives.
One drink at 7pm. The video was filmed after 11:30 pm. She could have had 4 or 5 drinks and still been sober at this point. This cop wanted to fill a quota.
Here is the bad thing about officers falsely arresting people. When they tow your vehicle, does the police station pay to get your car out? If you don't have the money to get your car out, that could be a huge problem.
I haven't had a drink in almost 4 years, and i did the counting test twice. The first time i got 25 seconds, the 2nd time i got 36 seconds. That, coupled with my terrible balance would put me in handcuffs SO quickly if i ever agreed to do field sobriety tests 😂
Made me reflect on the one time I should have gotten a DUI. My dirty psychedelics kicked in as I was driving, and I was pulled over after slamming my brakes thinking I ran over my friend standing in the road. Cop knew I was messed up, I caught myself zoning out holding my registration. I guess he was either unequipped or didn't want to deal with a drug DUI, just told me to get home. Gotta love the days in small towns before body cameras
There's a chance they recognized my last name, because my father was a retired cop in the town, but I doubt it. I got out of a MIP on his name and the officers put an extra scare into me initially and made sure I knew I was getting off because of him. Glad I never had to use that Ace in the hole beyond that.
From what I understand, HGN is used to determine if you've been drinking while VGN is used to determine if you've had "more than you normally consume". I forget where I heard that, but apparently they use them in tandem to basically confirm their suspicions. The other tests are simply done for their own amusement because they are extremely hard to get through when drunk 😂
The issue with denying to do the tests is they put them on your driver's license as required when asked to perform them. If you don't, it's usually an automatic suspension for 6+ months, which is super hard on people. Even if your criminal case is dropped, you will not win the hearing to keep your license. A non-judge administrator will show you your license, the evidence that you denied to do the test, case closed. You can't drive for a while. Then people end up driving suspended and getting into more shit. Best thing you can do if you're not drunk is go to the station and do a breathalyzer. But then you gotta worry about drug charges or blood draws or whatever. All of this without a damn lawyer
@@sudokode in Florida, there is no penalty for refusing sfsts. Courts have said that fsts are searches, so the cop needs consent. You have a constitutional right to refuse a search. Implied consent kicks in with the intoxilizer, breath test. If you don't take that your license can be suspended for one year from the date of the refusal.18 months if you refused before.
@@pennkeuka oh you know what, I think it's like that here too. I was remembering it wrong. You can deny the sfst, but if you deny the actual tests (breath, blood, etc), then they suspend you. Damn at least we're on par with Florida 😅
@@pennkeuka I think you're right. I was misremembering it. You can deny the field tests here too, but if you deny the breath/blood, then it's a suspension. And that's really where it hurts because a first time DUI is pretty easy to get through, but getting suspended is pretty much inevitable
If you refuse to take the sobriety test in Ohio, you are still fucked. Even if you are proven in court to have been sober, the judges NEVER repeal the suspension. It's a racket.
I have been sober for 11 months and 20 days. It's been years since I smoked weed. I did the test and ended at 39 seconds. I only did slightly better than her and I'm laying comfortably in my bed with no pressure. What is the pass fail on this test?
Where is the preliminary breathe test? This officer deserves an F. He arrested someone based on tests, that cannot even be used in court, and worse performed drug tests when he isn't a DRE.
They don't use PBT in Florida. Been through the courts a few times, and case law doesn't allow them. The cops have them, but they aren't used. And like I said, drug based DUI is nearly impossible to prove in Florida, almost all the arrests for Marijuana based DUI are nolle prossed.
I don't see how confirmation bias can be avoided in these tests. They pulled you over, they accused you of driving drunk and people are supposed to believe they are sitting there with a completely open mind trying to determine your level of intoxication? Give me a break. Just say no. Don't snitch on yourself, which is all these tests are doing.
It's not totality of circumstances, it's I see what I want to see to make my arrest numbers look good to get that promotion. Police are allowed to lie.
@theanitmeme Practice? You gotta practice 30 seconds going by? It's not super hard. Most people guess within 10 seconds under or over. Doesn't matter anyway, unless she said stop after 5 seconds (or 2 minutes), there's no cause for anything.
Just want to comment to say, its humans such as yourself and other lawyers who disseminate this free informatin to the public, who are doing a massive service to the entire population. I have learned so much from videos such as yours and others. This is stuff that should be taught in schools maditorilaly. Cheers my dude. Keep on fighting the good fight. Thank you!!!!
Every time he asks her to do something, he is getting her used to complying. That habit of saying yes will have some influence on her compliance with a breath or blood test.
He hit start b4 he said begin! It's a goddamn trap and it's disgusting!!!! Other than that I really really love what you do on this channel! Most entertaining by far!
Printer and Copier techs travel with and use frequently alcohol for cleanings, so many times my car would smell of alcohol. I just dont see how any of this is keeping people safe. Seems like police have gone to arrest, and arrest instead of protect and serve.
Alcohol has no smell. What we smell is what's called congenders, which are the by products of the fermentation, distillation process. The darker the beverage, the more smell it puts off.
You make a very valid point. At the time I made the comment, I was thinking about the ppl that are totally sober (no alcohol, no drugs at all) and the not so nice officers setting them up to make an arrest. I know weed stays in your system about a month or so, so you’re right, it still wouldn’t be fair to those that smoked weed weeks before and still are falsely arrested for DUI.
As I understand it (and I may be wrong), in the USA, police need probable cause in order to do a breathalyser, and to do that, they do the FSTS to see if there are any indicators to allow them to do the breathalyser in the first place. Here in Australia, police carry Breathalyzers and roadside drug tests and when you get your licence it becomes a condition that you can and will be tested at anytime, police don't need reasonable suspicion or probable cause to breathlyize you or to do a roadside drug test, they will just do it if they pull you over for speeding for example - which is far simpler and better than what they do in the USA with their circus tricks aka FSTS. If you test positive for either alcohol and/or drugs here in Australia, you are then taken to the police station to do a secondary test, to which if you test positive, your licence is suspended, and you get a court date, to which you then typically are released and sent home. And unless there are other factors, like violence, disorder, then you generally aren't thrown into the police cell, but sent home with that court date.
when they say have been drinking tonight and you say yes they automatically assume its beer wine what ever but they dont even ask what the drink was she could of drank just water or non alcoholic
The “turn” is where EVERYONE fails the heel toe test. I told the cop who pulled me over I can’t pass those tests stone cold sober and I’ve had a couple drinks so hell no I’m not taking those tests. I will take a breath test or a blood test either or.
i would just like to say that i fully agree with not allowing to be tested and in the same breath will say that it is absolute bullshit that some states like ill. and in. where i have lived, automatically suspend your drivers license as a result of a dui test refusal. so what happens when someone like in the vid is charged, lose their license and then their job and career, all before any hint of a trial? is that justice? fuck no.
Is this an uncommon occurrence? NO. I have seen far too many videos where people passed various DUI tests and still got arrested. Why? Cops trying to make quota. All these roadside tests are subject to the cop's interpretation. They decide if you passed period. It has nothing to do with how well you performed or if you appear or act like you are under the influence of anything.
Make them do the full test before you do it, they can't either. That says all you need to know. I bet she beats this bad arrest pending a Breath test coming back above the limit. But tests in heels on a highway, good lawyer will get those questioned. Problem is even if she beats it, she is stuck with all the bills.
Are you kidding, this whole stop was totally ridiculous!!! Another video says there were no charges filed on her. F those cops, they need to be fired if not sued or sent to prison for false arrest. Since you're a lawyer can't you look up what happened, or will you sue them for her?
Tried the 30 second test, 4 beers and a few hits of a pen (legal in my state) deep. 57 seconds. I'm going to try to remember to retest tomorrow, to get a 100% sober reading. I'm bothered by the result, because I normally have a fairly inhuman internal clock. Being able to call the time within 10min 24/7. I internally timed it with my respiration. Sharp Inhale on the #, 4 staccato exhales with the syllables of Mississippi. If I fail again tomorrow sober, I guess I know the half my time if I'm ever in that actual situation.
I did the imagine 30 second thing and I’m completely sober. It was 44 seconds elapsed. I couldn’t pass any of these without impairment and I don’t trust these tests because of it
Roadside breath tests cant be used as evidence in court in most (if not all) states so depends on the cop if or when they even pull them out for a quick sample (usually used just to determine if the person has consumed any alcohol). They are highly inaccurate due to calibration (which is why they dont usually hold up in court on their own). Once arrested they have a more accurate machine at the PD they will gather a breath sample from, and if refused they get a warrant for a blood sample at the hospital.
10:42 about a minute before this time i must disagree with the statement "you'll have a far better chance in court". My attorney had me go with the defense of i do not have to prove my innocence. The burden of proof is on the state. He also did not put me on the stand. The state had zero evidence. None existed. They did not have breath test evidence. They did not have my blood. They did not perform a field sobriety. What they did have was a jury comprised of 6 or 7 jurors that all were admittedly friends or family with the arresting officer and a prosecutor fresh out of school. I was his first case. The prosecutor i did have apparently was transferred elsewhere with this new, green as grass prosecutor brought in. I lost with maybe 15 or 20 minutes of jury diliberations and a cop that my lawyer made an absolute fool of by getting him to admit he never had intentions of exploring any avenues past the breathalyzer. After arresting me, then reading my rights later at the jail in which i utilized my right to remain silent, he attempted to give me a breathalyzer. I stayed silent. Not even body language or obvious communication with nods or shakes. Zero communication. All in all i felt like my silence was used against me. Question to anyone who knows the answer. When one is read their rights, does the first right read, 'you have the right to remain silent', not work similarly as the 5th amendment anymore which covers 5 rights if i remember correctly? One of those is the right to not be compelled to serve as a witness against oneself.
@smsiv unfortunately for me, i do not drive since I refuse to. When charged and convicted of a crime I did not commit, I learned that when on foot, I am not by law automatically under jurisdiction nor subject to presenting my id like I would be when operating an automobile. Since I live several miles outside a small midwest town, the only 2 cab companies to call shut down, nobody working uber for I have tried that, and there is no library, I am left with 2 constant options. I can research using a search engine and/or ask somebody on here since more people have their faces shoved in their phones all day long, guzzling in who knows what, than there are that don't. Now I know what a gov't website says since I researched to update my knowledge, but I am also asking on here as well because I do explore all options available to accomplish my task in the moment. Given you are composed of negative vibes it is prob best for you to be ignored now.
@@NoMoreNarrative I’ll just say that courts have ruled that you need to affirmatively invoke your right to remain silent. Remaining silent isn’t sufficient to communicate that you’re invoking that right. Sucks about no Uber, but if that’s the case you still shouldn’t drive drunk.
She "honest'd" (yeah i just made that word up) her way right into be arrested. If she would have said "no" to have tou been drinking or do you use cannabis.....she probably woukd have driven away.....when cops tell tou being honest with them is in your best interest......absolute lie 1000%
If she did blow, I would like to know the results of the test before I give my opinion but she didn't seem impaired to the extent that she was a risk of hurting anyone in an accident
The environmental conditions are in the manual. Do cops even read the fucking thing? As I keep saying in comments the reason they keep getting away with these short cuts and half assing this test is because most people just take it on the chin and pay the fines. In there defense you get punished if you fight your case in lose.
Perhaps a stupid question but what would happen if you decided to just use some bourbon as cologne and purposely but safely went out in order to get all over? I’d assume it’s better if you video document everything. This is a just for shits and giggles question so don’t blame me too hard nothing more than trolling the police
I'm from n.ireland, not america, but I find your channel fascinating. Your team is very informative on these viral clips. Have to say im learning alot, thankyou so much for your videos 😊
‘This isn’t the venue to debate it’, but it is the venue for sobriety tests… safety first.
"Totality of the circumstances" goes both ways. This officer seems to think it's only in favor of going his way. Sure, there were MINOR "clues," but the TOTALITY of the circumstances points to NO impairment. No swerving, no slurring of speech, not unsteady, not fumbling, not incoherent, fully cognizant of what's going on, no bloodshot eyes (the cop absolutely would have said something if they were). The ONLY thing in favor of the cop's version of "totality of the circumstances" are those MINOR "clues" that sober people fail all the time.
If. You had a glass of wine with dinner at 7:00 and it’s now midnight, I would say no, nothing to drink officer.
When the cops ask you to take the FST they have already made up their mind that you’re drunk. There’s no way you’re going to pass.
Very dangerous location to do this nonsense test 😮
Seriously!! I grew up in this city and would be afraid for my life to stand on the side of I95 like that.
I don't understand how cops can determine to ruin a person's life by charging them with DUI when it seems likely they are not drunk. Do these people not have a conscience?
thats correct. they do not care about you. they are not there to protect or serve. they are there to find slaves for the commercial prisons with minimum occupancy that rent our laborers to corporations for pennies per hour. they are there to collect money for the corrupt police. they are there to uphold the system of oppression this country is addicted to.
I think it’s an example of “culture is king.” Because their colleagues do it, and because they are rewarded for doing it, it becomes normal to them.
In this woman’s case, she showed minor impairment and eventually blew a .04 bac which is below the legal limit. They charged her anyway.
Conscience has nothing to do with it. What the do have is incentive. Grants. Obtained because of dui arrests. Not convictions. Just the arrests.
Most dishonorable profession ever .... law enforcement.
@@helvegr13 Well then they should change the law to where you can have absolutely NO alcohol in your system because that is what they do anyway. Why have a limit if they are not going to use it.
Ending qualified immunity and making cops carry this own liability insurance would end 90% of police misconduct
I totally agree. Make them carry personal liability insurance so there is a pot to pay people they wrong as well.
The pot to pay people when they are wrong is the city or county of the jurisdiction @chrisbarnes9082 . If cops all had to pay for liability insurance there would be no cops. Most are already extremely underpaid.
I agree with you. Qualified immunity gives the dirty and crooked officers to stay the way they are with no accountability for their actions. I understand qualified immunity can protect officers that are actually trying to do their job correctly however officers really trying to do everything right wouldn’t need it often enough for that to be a thing. With the footage that can be obtained nowadays, I think that a judge or jury should be able to use their own discretion.
Qualified immunity is derived from sovereign immunity, which is immunity, which is immunity of the king and his men.
Do we have a king?
No. Qualified immunity should not exist.
@@mark98115 Exactly.
Several sections of the Constitution prohibits all immunity claims.
14th amendment. " No state shall make or enforce any law.....nor deny to any person within its jurisdiction the equal protection of the laws." Clearly, if one side has immunity the law is not being enforced equally.
Article 1, section 9, clause 8. "No state shall.... grant any title of nobility". One of the primary traits of British royals was that the laws applied to them differently.
5th amendment. "nor be deprived of life, liberty, or property, without due process of law". If your rights were violated then you are entitled to the protections of full due pocess of law.
1st amendment. "Congress shall make no law...abridging the freedom ...to petition the government for a redress of grievances." Clearly the legal process is one way to petition the government.
Best advice I've ever heard in response to the request to do FST's: to say, "Officer, my (insert relative, friend, etc.) is a lawyer and advised me never to do field sobriety tests/ answer questions."
Ok, that ad read was awesome, lol!!!!
Officer: Have you had anything to drink tonight? Driver: Let's see...ummm... I think six drinks. Officer: You're under arrest for driving under the influence.
Three glasses of water, two glasses of soda, and a coffee. Bad question...bad officer.
That exact circumstance happened a while back with an older gent in FL. Nothing to drink.
There should be accountability for false arrests. Cops should be afraid of arresting an innocent person, instead they hide behind immunity, so there are way too many of these videos.
I failed a DUI test & blew 00.0. I was upset. I had a cold, & trouble sleeping to night before. I was just frightened & thought it was cold meditation but found out later it wouldn’t have been. People must stand up for themself, don’t just accept things.
From the top comment of the original video:
@brandonk5330: I’m an leo….….I normally do not comment on these vids but I have to on this one because it’s beyond ridiculous and downright harassment. If I made this stop she would have been on her way without nothing but a warning, if that. So I did a little checking. This woman was released with no arrest or citations. Very unprofessional officers here. Thank you for listening to my babble. Stay and be safe everyone.
3 cops on the median flashing their lights at her and not 1 has enough sense to say this is dangerous and unprofessional
The officer could be waiting for blood test results to come back before charging her
@@donaldjohnson1386 can't get blood tests in Florida unless death or serious injury or 3rd or more DUI in 10 years. Has to be a felony.
In defense of most leos, if I did an average of BAC in a large county, I'll bet it would be close to double .08 or refusal. They usually don't mess with the close ones.
I’m a retired cop. Disappointed one of the other officers didn’t pull Captain America aside and tell him to grow up. I had a guy like that on my department. We chased him off.
Love the content!!! Keep it up, its so helpful !!
We had a trooper get in trouble in Sarasota a few years ago. He had the highest arrest record for DUI on the West coast of Florida, but he only stopped women. He knew that if a female admitted to drinking that 8 out of 10 would be over .08 because of height and weight. And he made all his arrests between 10pm and 3am.
It's not their height and weight that put them over .08,
I was once driving behind a cop car which was swerving a bit.
If it wasn't a cop car, I would had assumed the driver was drunk.
Then the reason for the erratic behavior became clear when suddenly a woman's silhouette popped up in the passenger seat.
I got arrested for dui cuz I was a little tired. I blew 00 twice on the breathalyzer. Took two months for the blood test to come back where they dropped the charges. Fun fact, the state suspended my license for 90 days anyways because I had an antidepressant in my system.
This crap is so ridiculous. Despite everything cops are glaringly incompetent at, we are supposed to believe that somehow they are experts at detecting intoxication.
Only a minute into the video but shocked to see this takes place not just in my state, but in my town! In Florida you have to submit to the breathalyzer or it’s a 1 year license suspension I think, but you don’t have to do the field sobriety tests. I looked that up because of your videos, after I tried doing the “walk and turn” while sober and I failed it because I couldn’t balance!! It had never occurred to me before that those tests could have false positives.
One drink at 7pm. The video was filmed after 11:30 pm. She could have had 4 or 5 drinks and still been sober at this point. This cop wanted to fill a quota.
You can tell the cops already made up their mind it was a DUI before doing any investigation
My favorite part was the ad with the laugh tracks...
Right? I felt like I was watching a 1990s sitcom.
Here is the bad thing about officers falsely arresting people. When they tow your vehicle, does the police station pay to get your car out? If you don't have the money to get your car out, that could be a huge problem.
Especially if you're completely sober, aka innocent
Great job on the promo!😅
If I'm ever in the Chicago area... I really believe that you'd be the most awesome guy to meet or even hang out with!
I haven't had a drink in almost 4 years, and i did the counting test twice. The first time i got 25 seconds, the 2nd time i got 36 seconds. That, coupled with my terrible balance would put me in handcuffs SO quickly if i ever agreed to do field sobriety tests 😂
Made me reflect on the one time I should have gotten a DUI. My dirty psychedelics kicked in as I was driving, and I was pulled over after slamming my brakes thinking I ran over my friend standing in the road. Cop knew I was messed up, I caught myself zoning out holding my registration. I guess he was either unequipped or didn't want to deal with a drug DUI, just told me to get home. Gotta love the days in small towns before body cameras
There's a chance they recognized my last name, because my father was a retired cop in the town, but I doubt it. I got out of a MIP on his name and the officers put an extra scare into me initially and made sure I knew I was getting off because of him. Glad I never had to use that Ace in the hole beyond that.
From what I understand, HGN is used to determine if you've been drinking while VGN is used to determine if you've had "more than you normally consume". I forget where I heard that, but apparently they use them in tandem to basically confirm their suspicions. The other tests are simply done for their own amusement because they are extremely hard to get through when drunk 😂
The issue with denying to do the tests is they put them on your driver's license as required when asked to perform them. If you don't, it's usually an automatic suspension for 6+ months, which is super hard on people. Even if your criminal case is dropped, you will not win the hearing to keep your license. A non-judge administrator will show you your license, the evidence that you denied to do the test, case closed. You can't drive for a while. Then people end up driving suspended and getting into more shit. Best thing you can do if you're not drunk is go to the station and do a breathalyzer. But then you gotta worry about drug charges or blood draws or whatever. All of this without a damn lawyer
@@sudokode in Florida, there is no penalty for refusing sfsts. Courts have said that fsts are searches, so the cop needs consent. You have a constitutional right to refuse a search. Implied consent kicks in with the intoxilizer, breath test. If you don't take that your license can be suspended for one year from the date of the refusal.18 months if you refused before.
@@pennkeuka oh you know what, I think it's like that here too. I was remembering it wrong. You can deny the sfst, but if you deny the actual tests (breath, blood, etc), then they suspend you. Damn at least we're on par with Florida 😅
@@pennkeuka I think you're right. I was misremembering it. You can deny the field tests here too, but if you deny the breath/blood, then it's a suspension. And that's really where it hurts because a first time DUI is pretty easy to get through, but getting suspended is pretty much inevitable
If you refuse to take the sobriety test in Ohio, you are still fucked. Even if you are proven in court to have been sober, the judges NEVER repeal the suspension. It's a racket.
I have been sober for 11 months and 20 days. It's been years since I smoked weed. I did the test and ended at 39 seconds. I only did slightly better than her and I'm laying comfortably in my bed with no pressure. What is the pass fail on this test?
Love you guys! If I ever get a ticket I'll hit yall up. Any tips on what to do with red light cam tickets?
Dont run them!
What consequences (if any) do the cops face if they're wrong & she's sober??? Can they really just arrest an innocent person without repercussions???
Correct. No repercussions in a case like this.
Loved the video sponsorship advert
This cop is pure evil. There absolutely nothing good about this evil monster
Where is the preliminary breathe test? This officer deserves an F. He arrested someone based on tests, that cannot even be used in court, and worse performed drug tests when he isn't a DRE.
They don't use PBT in Florida. Been through the courts a few times, and case law doesn't allow them. The cops have them, but they aren't used. And like I said, drug based DUI is nearly impossible to prove in Florida, almost all the arrests for Marijuana based DUI are nolle prossed.
From the movie WAR GAMES: “The only winning move is not to play.”
Drinking an energy drink can also cause stagness in eyes
I don't see how confirmation bias can be avoided in these tests. They pulled you over, they accused you of driving drunk and people are supposed to believe they are sitting there with a completely open mind trying to determine your level of intoxication? Give me a break. Just say no. Don't snitch on yourself, which is all these tests are doing.
This is why I do not like cops and never will .
This cop is an evil monster. He should be fired immediately. He is a psychopath
It's not totality of circumstances, it's I see what I want to see to make my arrest numbers look good to get that promotion. Police are allowed to lie.
Cop, "Imagine thiety seconds going by." What the hell does that mean?
Whatever they were testing, 41 seconds sounds pretty good to me. I doubt anybody could do that consistently without practice.
I've seen a lot of drunk drivers get closer to 30 seconds than she did, lol. But, yeah, all these tests are purposefully BS.
@theanitmeme Practice? You gotta practice 30 seconds going by? It's not super hard. Most people guess within 10 seconds under or over. Doesn't matter anyway, unless she said stop after 5 seconds (or 2 minutes), there's no cause for anything.
The MADD Awards contributed to this nonsense. Officers chasing these awards regardless of actual intox.
Just want to comment to say, its humans such as yourself and other lawyers who disseminate this free informatin to the public, who are doing a massive service to the entire population. I have learned so much from videos such as yours and others. This is stuff that should be taught in schools maditorilaly. Cheers my dude. Keep on fighting the good fight. Thank you!!!!
Every time he asks her to do something, he is getting her used to complying. That habit of saying yes will have some influence on her compliance with a breath or blood test.
We don't do the clown show stuff here in Australia. Breath test & road side saliva (drug) test is what we do. This crap is madness.
He hit start b4 he said begin! It's a goddamn trap and it's disgusting!!!! Other than that I really really love what you do on this channel! Most entertaining by far!
I am plastered (not driving). Just easily touched my nose. 😅
Even the cops behind her think it's stupid
Printer and Copier techs travel with and use frequently alcohol for cleanings, so many times my car would smell of alcohol. I just dont see how any of this is keeping people safe. Seems like police have gone to arrest, and arrest instead of protect and serve.
Alcohol has no smell. What we smell is what's called congenders, which are the by products of the fermentation, distillation process. The darker the beverage, the more smell it puts off.
@@pennkeukahave you ever smelt pure alcohol? It does indeed have a smell
timed myself 42 seconds. I have never drunken alcohol or taken drugs in my life.
Why can’t officers carry breathalyzers AND drug tests to administer immediately to determine DUI?
How are you going to test for active Marijuana in the system? Weed can show on a drug test for a while, especially if you are a habitual user.
You make a very valid point. At the time I made the comment, I was thinking about the ppl that are totally sober (no alcohol, no drugs at all) and the not so nice officers setting them up to make an arrest. I know weed stays in your system about a month or so, so you’re right, it still wouldn’t be fair to those that smoked weed weeks before and still are falsely arrested for DUI.
As I understand it (and I may be wrong), in the USA, police need probable cause in order to do a breathalyser, and to do that, they do the FSTS to see if there are any indicators to allow them to do the breathalyser in the first place. Here in Australia, police carry Breathalyzers and roadside drug tests and when you get your licence it becomes a condition that you can and will be tested at anytime, police don't need reasonable suspicion or probable cause to breathlyize you or to do a roadside drug test, they will just do it if they pull you over for speeding for example - which is far simpler and better than what they do in the USA with their circus tricks aka FSTS.
If you test positive for either alcohol and/or drugs here in Australia, you are then taken to the police station to do a secondary test, to which if you test positive, your licence is suspended, and you get a court date, to which you then typically are released and sent home. And unless there are other factors, like violence, disorder, then you generally aren't thrown into the police cell, but sent home with that court date.
Once they ask you to do these stupid human tricks you're going to jail no matter what so just refuse.
Do you have a recommendation for a lawyer in Philadelphia?
Lonny Fish at Liberty Law Team
when they say have been drinking tonight and you say yes they automatically assume its beer wine what ever but they dont even ask what the drink was she could of drank just water or non alcoholic
The “turn” is where EVERYONE fails the heel toe test. I told the cop who pulled me over I can’t pass those tests stone cold sober and I’ve had a couple drinks so hell no I’m not taking those tests. I will take a breath test or a blood test either or.
i would just like to say that i fully agree with not allowing to be tested and in the same breath will say that it is absolute bullshit that some states like ill. and in. where i have lived, automatically suspend your drivers license as a result of a dui test refusal. so what happens when someone like in the vid is charged, lose their license and then their job and career, all before any hint of a trial? is that justice? fuck no.
Is this an uncommon occurrence? NO. I have seen far too many videos where people passed various DUI tests and still got arrested. Why? Cops trying to make quota. All these roadside tests are subject to the cop's interpretation. They decide if you passed period. It has nothing to do with how well you performed or if you appear or act like you are under the influence of anything.
Make them do the full test before you do it, they can't either. That says all you need to know.
I bet she beats this bad arrest pending a Breath test coming back above the limit. But tests in heels on a highway, good lawyer will get those questioned. Problem is even if she beats it, she is stuck with all the bills.
Are you kidding, this whole stop was totally ridiculous!!! Another video says there were no charges filed on her. F those cops, they need to be fired if not sued or sent to prison for false arrest. Since you're a lawyer can't you look up what happened, or will you sue them for her?
Tried the 30 second test, 4 beers and a few hits of a pen (legal in my state) deep. 57 seconds. I'm going to try to remember to retest tomorrow, to get a 100% sober reading. I'm bothered by the result, because I normally have a fairly inhuman internal clock. Being able to call the time within 10min 24/7. I internally timed it with my respiration. Sharp Inhale on the #, 4 staccato exhales with the syllables of Mississippi. If I fail again tomorrow sober, I guess I know the half my time if I'm ever in that actual situation.
FYI smashed monosyllabic alphabet with eyes closed. That is some elementary School s***
I'm a pro Law Enforcement but this traffic stop was ridiculous!!!
I did the imagine 30 second thing and I’m completely sober. It was 44 seconds elapsed. I couldn’t pass any of these without impairment and I don’t trust these tests because of it
Def. Right, dont do these circuis tricks. Take the PBT because of impled consent and shut up
Don't do the pbt either, unless you're certain you will blow 0
No officer i have not been drinking. Im just a sucky driver.
Id be that guy thatd ask him what academy he went to with that un proper hgn test. Also he also stated he stopped her for speeding
Only do the tests you are required to do by law, and always film the police.
She seemed perfectly ok to drive. The Cop also seemed like a D-bag so, there is that.
They get their high fives and awards, funding based on arrests. Woman admits to drinking equals probable cause. That's all he needs.
i did the test i got 23 seconds
Okay. Arguing with this guy just turned him into an asshole. Don't do that. Now his true personality is coming out.
Dont answer questions and don't do tricks (you are not a dog (or are you? (holy crap a dog that can read!)))
Don't they use breathalysers in the US?
Roadside breath tests cant be used as evidence in court in most (if not all) states so depends on the cop if or when they even pull them out for a quick sample (usually used just to determine if the person has consumed any alcohol). They are highly inaccurate due to calibration (which is why they dont usually hold up in court on their own). Once arrested they have a more accurate machine at the PD they will gather a breath sample from, and if refused they get a warrant for a blood sample at the hospital.
10:42 about a minute before this time i must disagree with the statement "you'll have a far better chance in court". My attorney had me go with the defense of i do not have to prove my innocence. The burden of proof is on the state. He also did not put me on the stand. The state had zero evidence. None existed. They did not have breath test evidence. They did not have my blood. They did not perform a field sobriety. What they did have was a jury comprised of 6 or 7 jurors that all were admittedly friends or family with the arresting officer and a prosecutor fresh out of school. I was his first case. The prosecutor i did have apparently was transferred elsewhere with this new, green as grass prosecutor brought in. I lost with maybe 15 or 20 minutes of jury diliberations and a cop that my lawyer made an absolute fool of by getting him to admit he never had intentions of exploring any avenues past the breathalyzer. After arresting me, then reading my rights later at the jail in which i utilized my right to remain silent, he attempted to give me a breathalyzer. I stayed silent. Not even body language or obvious communication with nods or shakes. Zero communication. All in all i felt like my silence was used against me. Question to anyone who knows the answer. When one is read their rights, does the first right read, 'you have the right to remain silent', not work similarly as the 5th amendment anymore which covers 5 rights if i remember correctly? One of those is the right to not be compelled to serve as a witness against oneself.
The 5th amendment does give you the right to follow the advice of UA-cam University law graduates. Next time, call an Uber. ✌️
@smsiv unfortunately for me, i do not drive since I refuse to. When charged and convicted of a crime I did not commit, I learned that when on foot, I am not by law automatically under jurisdiction nor subject to presenting my id like I would be when operating an automobile. Since I live several miles outside a small midwest town, the only 2 cab companies to call shut down, nobody working uber for I have tried that, and there is no library, I am left with 2 constant options. I can research using a search engine and/or ask somebody on here since more people have their faces shoved in their phones all day long, guzzling in who knows what, than there are that don't. Now I know what a gov't website says since I researched to update my knowledge, but I am also asking on here as well because I do explore all options available to accomplish my task in the moment. Given you are composed of negative vibes it is prob best for you to be ignored now.
@@NoMoreNarrative I’ll just say that courts have ruled that you need to affirmatively invoke your right to remain silent. Remaining silent isn’t sufficient to communicate that you’re invoking that right. Sucks about no Uber, but if that’s the case you still shouldn’t drive drunk.
Someone did some digging and she was released that night with no charges
She "honest'd" (yeah i just made that word up) her way right into be arrested. If she would have said "no" to have tou been drinking or do you use cannabis.....she probably woukd have driven away.....when cops tell tou being honest with them is in your best interest......absolute lie 1000%
Ok what I don't understand with these test how do the cops know exactly how high 6 inches is off the ground without a measurement
She has knee surgeries. That's going to interfere with her walking.
If she did blow, I would like to know the results of the test before I give my opinion but she didn't seem impaired to the extent that she was a risk of hurting anyone in an accident
The environmental conditions are in the manual. Do cops even read the fucking thing? As I keep saying in comments the reason they keep getting away with these short cuts and half assing this test is because most people just take it on the chin and pay the fines. In there defense you get punished if you fight your case in lose.
cops have too much power to do useless test.
Perhaps a stupid question but what would happen if you decided to just use some bourbon as cologne and purposely but safely went out in order to get all over?
I’d assume it’s better if you video document everything.
This is a just for shits and giggles question so don’t blame me too hard nothing more than trolling the police
Dude, I can't believe I watched all that and you don't even have the outcome of the case. Geez, what a waste of time
Best part was the commercial 😂