LAWYER: 5 NEW Tricks Cops Are Using During DWI Stops
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- Опубліковано 28 вер 2024
- You should never drink and drive, but DWI cops may pull you over and investigate you even if you are stone cold sober. If a DWI Officer suspects you of DWI, here are the 5 Favorite Tricks Cops Use and how they trick you into incriminating yourself.
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This is not legal advice. I AM NOT YOUR LAWYER. Sorry! All content provided is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney-client relationship. All non-licensed clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).
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"Hello, you want to tell me why you were going so fast?"
"Sorry, I can't comment on an ongoing investigation."
Love it
I will have my investigation team look into it . I don't wanta reveal things about a fellow workers non ability to do his job and invistigate , in case theres a
real crime he has to work on ..
🤣👍
When I was a rookie cop I was at a DUI checkpoint and watched a highway patrol officer DUI a one legged man because he couldn't do the straight line walk perfectly. The case was thrown out but seriously...
So you, a good cop, reported this clear police maleficence to higher authorities right?
Of course you didn't. Because there are no good cops.
And the one-legged man spent a fortune on attorney fees. Still, a win for The Man.
Alleged Mercenary? You ARE a government mercenary. You never thought to tell your blue gang member- even as a “rookie” that doing that was completely insane?
Proving that there are no good ⚡️⚡️domestic terrorists larping as para military commandos “line testing” one legged men!
HINT: Quadriplegics- CANNOT WALK. THEY ATE NOT “RESISTING ARREST!”
Yeah- true story.
FTP. ACAB.
SEMPER FI.
Why should I have to produce my registration when my tag is displayed and valid. It bears the sticker that was attached to the registration when it was issued and is in the data base that he most likely ran as he was pulling me over. Same with insurance, it's in the States database. Just another way to trip you up or possibly get you a ticket on a technicality
Its asshole cops like that, that make it hard on the good ones. I can say that as a retired MP(certified LEO in Kansas) & a son of a 32 year Milwaukee Police veteran.
I once almost ended up with a DUI (I don't drink, smoke pot, or take intoxicants of any kind. I'm the most boring person you'll ever meet) because I had fallen asleep in the driver's seat of my car after pulling off of the freeway onto a surface street and parking on the side of the road. It took almost two weeks to sort out the whole affair, but the Lawyer I talked to gave me a piece of advice that has served me well in the intervening time period when I've again had reason to sleep in my car. First he mentioned what was said here about not having the keys in the ignition, but he also said to get out of driver's seat and lie down in the back seat if you can.
Can't even sleep in your own car with the AC on. What a joke we become.
That won't help. I know a guy that was rousted from the very back of his Suburban outside our friends house. Keys were in his pocket after they pulled him out (just randomly decided to snoop in the car. Had to fight a DUI with AK State Troopers for thousands of dollars.
Arresting a passenger with a sober driver? Serious horse shit.
Of course it is horse shit because it doesn’t happen
Legal definition of passenger. A person who is traveling from point a to b or from depot to depot. A paying customers. A person with an expectation of safety from the carrier.
Just because you are in a an automobile does not make you a passenger. Cases are commonly lost on the allowance of the use of a word out of context and you lose the right to appeal if you do not object tontye use of the word in a timely manner.
@@timothymetzgar2289. Happens all the time. The car I was in got stopped at 3:50 in the morning. A school sign was flashing. The police stopped us for speeding in a school zone. I was about 20( legal
At that time) had no shoes on and was asked to get out and had been sleeping soundly. I had to hold on to the car because the sharp gravel topping hurt my feet. Probably the only thing that saved me. But they did suggest I was D.I.P. A real bull shit stop.
@@DavidMoore-lx4xz Sounds like you're taking one definition of passenger out of its context. The law frequently uses different definitions of the same term in different codes, titles, chapters, etc.
@@PrezVeto
Absolutely not. The word has one meaning. If you allow other than that then you do it at your own peril. Blacks and Bouviers law dictionary are the primary source material for words used in law.
Passenger is only in major use in the context of a commercial act of transporting persons for compensation. The lie is thick when it comes to use of language and objections made in court over the use of words and appeals.
If I'm ever on a jury in a case involving someone sleeping off their alcohol consumption in their car, I'm going to say not guilty to any charge. I won't care about where the keys were or any other factor. If the car was parked in an appropriate location and the driver was asleep, that's all I'll need to know. And I won't care what the law says. I'll say not guilty.
Exactly
What if everybody did that?
Jury nullification.
Don't mention it during jury pool selection or you will be disqualified.
Don't mention it during jury deliberation or you could be found in contempt of court or accused of tampering with the jury.
They need a unanimous jury to convict, your one dissenting vote stops the case. The judge will declare a mistrial and the prosecution can opt to retry the case. (Sounds like double jeopardy).
@@sprky777Exactly!
Based jury nullifier
This is why we need to get rid of Qualified Immunity. Hold them personally responsible for their actions not just sue the town or state.
i get a kick out of these getting rid of qualified immunity clowns. Ok, we don't need that many police on the street, just deal with what ever problem you encounter because you won't get a response. Also, if you carry a firearm, be sure to have insurance to pay for your attorney at trial.
@@jerryw5508 you’re an Moe-Ron (since I can say what I actually think) that’s not what I said. Qualified Immunity is not defund the police it’s means holding them personally accountable for illegal activity and violating a person rights, or breaking any law. Why should the town and the citizens pay for what one or two bad apples do? With Qualified Immunity that’s exactly what happens. You don’t sue the Officer you sue the town. It also allows towns to get rid of bad cops. You do realize not all of them are the good guys. There’s plenty of videos showing this. That BS Blue line. Cops need to stop protecting bad cops.
@@brudug713 clown as I said
A huge percent of every police department budget comes from DUI arrests and convictions. Fewer convictions, less money, fewer cops. It's that simple.
It is a multi-billion dollar industry in each state.
I remember when DUI was lowered from 0.1 to 0.08 that I wondered if this was just a money grab or a legitimate change for safety. I think it happened when I was a teen, a decade before I had ever even had my first drink.
Unless they had a lucrative speed trap.
The only way to defund them to the point of abolishment is don’t break the law. Now a VERY large percentage of innocent people are the victim of lying police when things are slow.
To shut the whole corrupted legal system down, just demand to see your written guarantee that you will actually get a fair trial! If they won't guarantee a fair trial, then why do you have to go through one? If a store of any kind sells you a defective product or someone performs a bad service, you have the right to a full refund, correct? Why isn't it the same for the legal system?
NEVER-NEVER-NEVER take a FST no person can pass a FST.
FSTs are totally subjective. Policing for revenue.
They just keep adding tests until they can convince you that you’ve failed. Example is the college athlete stopped and blew 0.00 only to subjected to arrest because the officer wanted it to be a DUI.
And never answer any questions.
I’ve taken 3 FST’s in my life and twice I “passed” and was sent on my way. It was over 2 decades ago, though. It’s not that way anymore. I’m guessing it has a lot to do with MADD mothers lobbying Congress for tougher laws but it seems like now days law enforcement has more incentive to make a DUI arrest than to do the right thing. I’ve seen numerous videos of people getting arrested for DUI and blowing .000 BAC and then being sent for a blood draw which showed no drugs in their system. This is the epitome of sacrificing liberty for safety. We allow certain people to be sacrificed for the “greater good” at the expense of our freedom
Ive passed 2, back to back from different officers at the same stop...I was trashed.
In Connecticut, if you refuse a sobriety test you lose your license for 16 to 18 months plus fines. Being DUI you lose your license for 6 months if you are over 21. Connecticut says this is because when you signed for your license you gave them implied consent. I was never shown any agreement or given a copy. Also CT has just trained police officers in phlebotomy so they can draw the blood themselves with consent or an emergency warrant. The police truly play in their own world.
Implied consent all states and it is on CT and all states' drivers license application which you sign. That said most people are better off refusing to take the test in which case they get a12 months automatic suspension BUT this is not a criminal conviction. even though DWI from a blood test or breathalyzer is just 6 months suspension it is a CRIMINAL conviction which stays with you for life and which employers can typically see. Best thing for most people is take the 12 month suspension for refusing, instead of the six months for a criminal conviction.
I think all the advice I see in the comments, to refuse the test across the board (without taking state laws into consideration) is risky, especially if you are sober. There probably isn't a cop in the world who won't instantly become angry or much more suspicious if you won't perform the roadside test. Even the way some states handle it, as in your example, they more or less treat it as an admission of guilt, with immediate consquences- regardless of whether or not you're intoxicated.
You are 100% wrong. No state in the United States mandates the field sobriety test.
The only test that are mandatory or the breathalyzers down at the station and all 50 states. Learn the law of your state SMH.
@@kevinmach730 see my comment above. There is no penalty in any of the 50 states for refusing the field sobriety test. None.
Same for FLORIDA, and it is so wrong
DUI officers believe they can ARREST a driver for DUI if you answer their questions, if you don’t answer their questions, if you take a field sobriety test, if you don’t take a field sobriety test, if you take prescription medication, if you’re physically impaired/disabled, if you’re stone cold sober.
Wrong. They don't arrest a person for DUI charges if questions and a series of FST are refused. The charge is failure to comply......something you damn well knew was the case when you jumped behind the wheel.
@@markmalasics3413Huh?
Guess you got it.
@@markmalasics3413 then why don't cops COMPLY with the CONSTITUTION? because they are TYRANT DOOSH BAGS.
@@markmalasics3413 Please name a state where not performing a fst is a crime.
I have had 6 strokes. The last one was in my cerebellum. I am unsteady on my feet. I will loose my balance easily. I can sit down a drive just fine though. It only affects my walking. My neurologist said I am find to drive. I don't drink Alcohol. I have had exactly 2 beers in the last 12 years. When I get pulled over I answer questions honestly but not productively. "Where you coming from?" North. "Where you going?" South "What are you out doing today?" Driving from North to South "Have you had anything to drink today?" Two cups of coffee, a 7up, and a Tea right now "No, I mean Alcohol" I don't drink Alcohol "Oh why? Are you on a medication that interacts with it?" I don't like Alcohol. "But are you on an medications?"
I choose not to answer that, because of the 5th amendment. "Do you have any weapons" Yes I have 3 guns, two knifes, a stun gun and pepper gel. Usually they say something like "Ok well just leave yours where they are and I will leave mine where it is" I say "Ditto" If they want to do a Sobriety test I say.. No, I will comply with Ohio law a take a breathalyzer and blow zeros then we can be done here. The have never had me do a breathalyzer.
you could also just say "I've had a few strokes." They'll understand that.
I'm always looking forward to the lawsuit against any officer who would arrest me for my disability. Haven't touched alcohol since January 1998, and don't take medication, or narcotics for recreationally, or "medicinal purposes".
Sue them!!
I look forward to you spending 3 free days in jail and paying for a lawyer only to find out that the real world doesn't work like your jewtube fantasies and almost none of these cases end with any sort of money rewards. It's hard enough to even find a lawyer who isn't on the internets to even take these cases, since they "work with the police and the judge every day."
You are a system slave. The zogbots serve their masters.
I drink alcohol but VERY moderately. I never drink enough alcohol to get drunk or even get a buzz.
I'd rather you get my tax money than the cops/department/city/state.
LOL, another UA-cam Law School graduate who ALWAYS forgets the important half of the situation. You can sue anybody for anything, but WINNING the case is a whole different ball game, and since you've already publicly admitted to bringing forth a frivolous lawsuit for no legitimate reason, your motives are clear. I don't think "stupidity" is a legally recognized disability.
I believe I detect a theme in all these situations: "DON'T TALK TO DOUGHNUT DUMPSTERS!"
Easy to say, but not so easy in practice.
@@Pipizzakitchen Zogbots can jail anyone for 3 days (longer if it's over a weekend) for any reason, without a crime or even cause. A simple g0y can't risk losing his job at Mr. Noseberg's office for not coming in on Monday. The zogbots know it.
@@Pipizzakitchen I disagree. "At the risk of sounding rude, I decline to answer questions, and would prefer that we all focus on expediting a conclusion to this traffic stop."
I have the same philosophy except I call it "DON'T TALK TO STREET THUG COP-HATERS AND OTHER MAGGOTS."
Translation: 'I break the law and make hating cops my entire personality instead of realizing that my breaking laws is, in fact, the problem, not cops catching me.'
Carry a walking cane in your front seat, it got a friend of mine out of doing road side gymnastics.
Just refuse to do the field sobriety test.
I have a cane.. sadly ... it's not a prop.
Wanna know what else helps? A security officer uniform and when they ask you “ coming home?” You respond with “ Nope going in”. A quick sniff of your coffee to confirm it’s just plain old coffee and your on your merry way with their blessing
Yes I'm going to the Chiropractor for some balance and spine issues
"get into the mind of the cop"
Gotta remember part of this is having a room temperature IQ...
😅😂 I didn't believe Jordan vs New London was real until I searched about it a couple of months ago. We can't make this shit up. It's sickening that the room temperature IQ people are the ones who get to carry a badge and a gun and torture cuffs yet deny those with more IQ and knowledge.
LOL, like YOURS is better! 🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣
@@markmalasics3413 That person's IQ most likely is higher than the average police officer.
@@markmalasics3413 As a business owner who generates 6 million a year yes my IQ is higher
The problem with having DL and insurance handy is then you will be with the “furtive movements” crap by rbe cop. Count on being dragged out of your car, searched (you AND your car), and spending along time by the side of the road.
Furtive movements issue and failure to wear a seatbelt! SMH
Yeah but I have seen videos where reaching for DL, Reg & Insurance, as requested by the cop causes a "reaching down" response from the cop (gun unholstered). The best response I have seen to a cops reqest is to ask the cop "is it OK to reach across and get what you (the cop) asked for"
Keep insurance and registration in a visor pocket. DL is a bit harder. Wait until officer is present and ask to get dl from wallet
Heads they win, tails we lose.
If you keep your license and insurance readily available there won’t be any furtive movements
The FST was developed without the use of any science. The government asked the seasoned Leos what tests they used to determine if someone was intoxicated. Then, the government picked three of them to use for the FSTs. After that, they did an in-house test on subjects (other Leos) to evaluate the accuracy of the results. All age groups had failures of false arrests, the level of intoxication was not determined correctly, which allowed an intoxicated person to continue driving, and so on ...! The ACLU has good info on what not to do when stopped by the LAW! The most important thing is, don't have any conversations with any Leo, and they are not your friends! Their goal will always be to find a way to arrest you!
A few years back I was accused of DUI The reason the officer said I was intoxicated was soley because my right eye 'looked off." Supervisor rolls up. Realizes that I'm blind in my right eye and and let's me go.
You can refuse all you want but most states will suspend your license for 60 days or more denying you the right to make an income essentially.
Instructions to interrupt your horizontal gaze orientation to look at your feet are designed to cause loss of balance.
Of course they are, and your years of study at Oxford, Harvard, Yale and MIT have brought you to this conclusion. 🤣🤣🤣🤣🤣🤣🤣
What are you talking about? During which test?
@@MMAFightMagazine Any test where they tell you to look at your feet.
As a young lawyer, an older lawyer once told me that no one ever talked their way OUT of jail.
Well...I kinda did. SGT was ready to jump on me for refusing to comply...he was wrong I KNEW it. I asked what exact statute are you referring too...I KNEW but figured I'd let him try to figure it out himself. We walked to his car he got me the number...he went inside to check with management on a technicality. Even though I said I wasn't contesting that part. His partner stayed with me at his car. Meanwhile I looked up the statute and read it to him...he suddenly got interested when I read the important part. I told HIM to read the exceptions. He pulls his phone out and asked for the statute...He didn't want to answer any questions after that.
The SGT came back...Manager happened to have printout of statues too. Educated Officer...who later admitted his book was 2yrs out of date. They had actually changed 5-6 yrs prior. I know Cuz one of MY cases went International in the news and propelled it all to change. Because the PD looked like complete idiots with the 1st officer admitting over radio nothing happened, caller said nothing actually happened and the State AG had released a Memo 1 yr prior saying they couldn't do what they did.
Suddenly the SGT Command Presence was gone and had a whole different relaxed conversational attitude. I walked away LIKE A BOSS back to my group. As I heard the SGT say "I'm glad I didn't write that one" One of those guys in that group heard and listened to my voice in his head and spared him from a Felony. They hold me in high regard :)
I did . It’s easy. I just told them I’m autistic and this keeps happening to me. They took the cuffs off right then. But they did report my license to the MAB .
One of the best videos ever on the issue Jeff always brings up about not talking to the police is stil up on UA-cam. It's simply called, 'Don't talk to the Police' it is INVALUABLE. I highly encourage everyone to watch it.
Cop: How much have you had to drink today?
Me: I had 2 cups of coffee, this morning, a bottle of water with my lunch, now Im driving home with my Gatorade. Thank you for being concerned with my hydration officer.
About 36oz of H20 so far
Cop: “Do you know why I pulled you over?”
Me: “Because you got all C’s in High School?”
In the meantime, while waiting weeks for the "toxicology" report to come back, you are presumed guilty, have to bail out of jail, try to get your car back from impound, lose work and possibly your job, your name and mug shot may appear in the paper, your family and friends assume you are guilty so everyone looks at you differently, your reputation and integrity are irreparably damaged, and you must lay out thousands of dollars. All because one person, usually with minimal training and respect for rights, developed a skewed opinion because their sole job is to get you behind bars. Keeping your mouth shut is an understatement.
Not to mention you now have an arrest record for the rest of your life.
I have to mention this as I had a police officer do me a solid in Florida years ago.
I was at a bar one weekend back in the 90s and I got way too drunk. I exited the bar and asked the valet to call me a cab -- and that I was plastered. He chuckled and said no problem. I had parked myself so I had my keys and I went to sit in the car... in Florida in July. I started the car, laid the seat back, cranked up the A/C and waited for the cab. A police officer approached me and said "I just want to let you know, I could arrest you for DUI as your car is started, you are obviously intoxicated. But I was standing right there when you asked for the cab... and you didn't see me. Just for future reference, you can get in trouble for that."
So while I agree that they can do you dirty, there are some good ones out there too. He could have ruined my life that night... but he did the right thing. Grateful he didn't let a youthful indiscretion screw up my career. =)
passengers don't have to ID until the cops claim they weren't wearing their seatbelt, or the infamous "I smell marijuana"...always followed up "all you had to do was comply".
That depends on what state you're in.
I go by the strict “legal passenger” definition which is only a paying commercial customer with an expectation of safety. Transportation law has been twisted way beyond what the Supreme Court approved. Take every word of trans code and deconstruct it. It’s all about trucks and buses and business ventures in the roads. Not your travels. That is a 14th A privilege and immunity flat out.
@@PrezVeto every state has to follow the same law. Maybe worded slightly different but it is all spelled out in 49USC. I’ve read it all and Texas trans code and it all matches. Trucks and buses are all that is to be regulated by congress thru the Sec of Trans handed down to the states.
@@DavidMoore-lx4xz As I told you in another thread, you're taking one definition of 'passenger' from one area of the law and assuming it has that definition throughout the law. That's not how the law works. Legislatures can and do include definitions of terms that only apply to specific sections of the law. Different legislatures (e.g. of your state vs. Congress) also can and do define terms differently. It's not as simple as "supremacy clause!"
"I smell marijuana" no longer works in PA and CA.
I'm sure there's other states on that list but those two are the ones I know for sure
Why can’t we just have honest policing? Why do we have to know all these tricks they’re likely to employ? Why not just have good officers? Up here in Canada we aren’t even legally allowed to refuse the FSTs. The problem arises when there are legitimately intoxicated drivers out there and we waste tax money chasing innocent folk just to get the convictions.
Best channel out there, I learn so much and watch as many of your videos as I can. Just know that your efforts are very much appreciated!
And Here are some additional tips:
1) When the Officer says: "Anything you say can and will be used against you", he really means: "Anything you say WILL absolutely, positively, be used against you, no matter how innocent you are. Further, we are not required to report everything you say, and we will take certain words and expressions you say out of context, even in situations where including them would tend to exonerate you."
2. If there's no video tape, you're prob screwed. If there is, there are situations where the cops will give a copy to your lawyer but not you. In certain states (CT), it is understood that your lawyer will not tell you that he has the tape for awhile. Ask your atty directly if he has a copy, and dont let him wiggle. You must DEMAND a copy of that tape immediately so that you can review it and be able to compare EVERYTHING the tape shows vs the written report the officer will write. You will be shocked at the differences, (some important, some subtle) between the cops written report and the tape. There could literally be dozens of differences, and they will be invaluable at the trial.
3. The officer has to file certain reports, or requests with the state (labs, etc) within a timetable est by the state. 50\50 they miss this deadline.
4. If\when you are required to get out of your car, make sure u keep your cellphone. Here's why: If\when you are arrested or taken to the station, you will all of a sudden remember "Hey, I left my cellphone in my car. Can I get that?". No, the officer will volunteer. And when he's inside ur car, he will take every available second to look around as much as possible to find even the smallest piece of bogus evidence that he can use in court. He can do this bc YOU gave him permission to root around your car, and he's going to be on supreme lookout to find something, anything (besides the phone). If u keep ur phone tho, you wont have to give him green light to go inside.
5. I knew I wasnt guilty and went to a good friend who is an atty. I told him "There is no way im going to plead to anything, so pls understand that if u take this case, I WILL be going to trial. What I didnt know is that the VAST VAST majority of attys will do ANYTHING not to take this to trial and will use the argument that your charges will be erased after 1 yr. The issue is that iy takes an Atty 10-20x the time to prepare and go to trial than he would spend if he taljs u into a plea. Same w the prosecutor. If they have to take two weeks in a courtroom plus all the prepwork, they will lose money on ur case! And the DA will also have to devote a ton of time to prosecute. My friend and I argued about that, and I finally told him I would pay his $12,000 fee, but I was going to switch attys. The new atty also charged $12k, plus I had to pay approx $10k in expert witness fees.Total: $34k!
It was a two week trial, including jury selection, and the DA really had it in for me when I insisted on a trial. End result: Cop and states witnesses caught lying, jury took 12 minutes for their "Not Guilty" verdict. $34k is a lot of money to defend yourself against a lying cop, but in the end, I was completely innocent, and Im so glad I didnt let those bastards bully me!
5. Its gonns be hard, but be nice to the cop, and make sure you ask him to write in his report that you were cooperative. That will help you w the jury. Make sure he writes it in his report!
I lost all my faith in the law enforcement system during that time. I will never trust em again. Ive been naiive, but no more.
Speaking OF video recordings: If I am ever on a jury where it is reported that the LEO's camera "malfunctioned", I will study the remaining evidence with an electron microscope before I will return a guilty verdict.
I have an issue with what you stated about "always have your license and proof of insurance ready", because if an officer pulls you over and then sees you fiddling around in your glovebox ahead of time, that can make them nervous that you might have grabbed a weapon. I would advise not getting the license and proof of insurance ready until asked for it, to keep your hands on the steering wheel or otherwise in plain sight. At the same time, do have both of these conveniently located so you aren't digging through a lot of junk to find them.
“Always having it ready” simply means having it available nearby. Keep the Ins on you phone or on the visor. If you have to dig all around for it while they are standing there, that’s not good.
Have your license in one hand and your Ins in the other with both hands on the steering wheel. Registration also if required.
Here is a really great tip for beating a DWI arrest. DONT DRINK AND DRIVE, NOT EVEN ONE DROP. When they pull you over, if they even start with the "have you been drinking" nonsense, you say "No and I will volunteer a blood draw". That ends it. They can't get you for DWI when your blood draw is 0.0, so when you offer it, they will usually move on.
Interesting situation to consider. I used to have a van that used a normal ignition switch in the steering column type of system. I had an aftermarket alarm system installed that had a remote start feature. It was possible to start the engine with the fob which would allow the heater and A/C to function but of course the steering wheel would be locked until the key was inserted and turned to unlock it. Additionally, if the brake pedal were depressed to allow moving the transmission selector lever out of the Park position, the engine would turn off. I slept in my van very frequently between work shifts three hours from home. The system was very handy if I woke up cold or hot. I'd use the fob to start the van, and it would run for 30 minutes allowing the HVAC system to adjust the temp and then shut off the engine. One night I left the local bar in my rural area and noticed a Sheriff across the county road waiting for people to leave. I was sure that I was not intoxicated but given the circumstances, I thought that I could have likely avoided the conviction but possibly not the arrest. I hid my key outside the vehicle and slept inside with the fob for a couple of hours before driving the two miles home. I thought that I was pretty clever but I wonder what you think my chances would have been if the Sheriff had stayed in the area long enough to see vapor coming from my exhaust.
Thank you for what you do! Appreciate your videos!
My pleasure!
Genuinely curious (for an answer from an actual attorney if possible).
What if the keys are in the ignition, the car is turned on (for A/C or heat), but there's NO one in the driver's seat?
Also, tired after work and pulled over trying to get to the grocery store before it closed at 11pm. License, registration and insurance ready when the officer approached. I kept my hands on the wheel the ENTIRE encounter (with officers on both sides of my car) and stared at the sign across the street the whole time. Never. Said. A. Word.
The officer asked, "Did you know how fast you were going?" Nothing (staring at sign). "You're not going to talk to me?" I slowly shook my head (still staring).
He left to do his checks, and I only thought about how long I could sit still like a statue (turns out the whole 10-15min), and the shower when I got home.
He returned my stuff, thanked me "for being so cooperative", and told me to have a good night with a warning. I slowly nodded, still staring ahead.
I was doing (62mph in a 50 zone), and was straight up caught with NO excuses. He pulled a u-turn, and gunned it, but I already slowed down into a gas station for him to pull right up behind me. No chase here Bubba.
Be the most boring traffic stop of their shift and they'll be ready to move on to more exciting things like wrecks or someone with a hot head that wants to argue with them. 7 months later and I know there's NO way they remember me. No stories about me at their bars, gyms, or conference rooms. Nope.
"What did you pull me over for sir/Ma'am"? speeding...."Then wite me a ticket. I don't answer questions".
"Auditioning for an arrest" is such a poignant perspective. I love and appreciate insights like that!
As a one time police officer I would always give the benefit of a doubt to the driver and if it seemed unethical I didn't use those tactics but you have to understand that drinking and driving is about the worst thing a driver can do and on a scale of 1 to 10 it's at least a 9 1/2.
Question, if you're wearing sunglasses, are you required to remove them if asked?
No you are not required to remove sunglasses,,, but just refer to them as "glasses'
Not that I've ever heard of
It is clear what the roles of local, state, and federal law enforcement are. Qualified, competent, and morally scrupulous people rarely sign up to be law enforcement. So they are picking from the bottom of the barrel. We should all be skeptical of people willing to do the government’s bidding for appalling wages. No decent citizen who cares about fellow patriots would sign up for that. A system designed to be adversarial to its citizens. Law enforcement is not intended to be so hostile. It is intended to promote sustainable peace and civility.
Recently a cop held the door open for me at a gas station at 2Am. I said thanks. It didn't occur to me until later, he was
seeing if he could detect alcohol on me.
I recall reading once that a Driver was pulled over for DUI who was paralyzed from the waist down but could drive his vehicle using hand controls and was arrested for failing to take field sobriety test. He was arrested for DUI. So being physically impaired was used against the sober driver. I don't know the disposition of the case I just recall reading about it yesrs ago. They also mentioned that the breath elizer was cleaned with rubbing alcohol wipes.
Heard of a case officer claimed to smell alcohol...but bar drinks are Ethanol
@@mrmotofyEthanol is an alcohol.
In normal everyday language they are almost interchangable.
@@dwwolf4636 But chemically they're different and have a different smell...case lost...officer had no RAS of the beverages impairing...so they made it clear to officers in that are to clarify and be more general haha
My favorite time being pulled over I was about 19 and I was doing security at an apartment complex and my shift started really early at 4am I went to the 7-Eleven a mile down the road from my site before my shift started. I got my Red Bull got back in my car and I pulled out. I forgot to turn my headlamp on for about a block and a half, and I didn’t even notice the police officer was behind me. I had turned them on and as soon as I turned them on, he pulled me over. First thing he said was have you been drinking? I said, sir it is 3:45 AM. I haven’t had a chance to drink. He kind of chuckled and asked me what was going on. I told him I was working Security down the road saw that I was in uniform and let me on about my day. I’m very thankful that he didn’t try any crooked tactics because I was a young gullible kid, but he probably could’ve.
I once had my car break down. The bottom radiator hose exploded and I was able to pull onto the center median with the ribbed concrete, out of traffic. This was in front of a police station, too. A cop pulled up behind me, roughly 2 minutes after I stopped, asked for my credentials, ran them, and then wrote me a ticket for impeding traffic. I got the ticket pulled a few hours later at the station but never once did the cop ask what had happened to my car or if I needed a tow.
When I was first driving, probably some of the best advice I ever got was from older brother is tip #1. Even if alcohol is not a factor in your stop, having your license and registration available in seconds gives the police less time to be suspicious of something, look in your car, make conversation, etc. One of the tricks they use it to see if you can multitask, by trying to ask you pointless questions while you're searching for your documents. Also, by producing it immediately, a cop isn't getting annoyed by standing around amd waiting for you to dig through stuff. And forget about having it on your phone, I am not handing the police my phone even for a second or introducting it in anyway. Keep a paper copy in your glove box or place where you aleays know it's there.
A cop pulled me over one morning on my way to work. He insisted i was under the influence of something. I told him to do what he felt was needed but when I got to jail I was going to request a blood test to prove I was completely clean. He knew he didn't have anything on me and let me go. But The whole time I talked to him I was respectful and cooperative.
Question for the attorney - great tips. Q: If you are going to sleep in your car, would you recommend you sleep in the passenger seat, with keys in the back. You could even say to Officer Bacon: "Its my car, but I wasn't driving, and I don't know where the driver went... ," but I'm guessing its better just to not get cute, and keep your mouth shut in ALL situations. If you are in the passenger seat, would you even have to show your ID??? Would you even have to show license and registration? In that situation, what would be the right way to answer that question from Johnny Law?
Just found your channel im watching as many of your videos as i can ! Your info will most definitely help me out if i find myself in any of these senarios ! Thank u so much !
Cops aren't trying to take sober drivers who drive responsibly off the road. I was pulled over by a motorcycle cop on my way to the store. Why? I like to corner hard and clipped the lane line on a 2-lane highway. That's a "clue". I explained to him just what I said here. He explained that he was part of a DUI task force operating that weekend, and asked if I'd had anything to drink. Unfortunately I had had exactly "two beers" and told him that I know just about every drunk says the same thing. He asked when I drank them. It was in the mid-afternoon, while a baseball game was on, and by now it was about 9pm (I was on my way to the store to buy some gallons of water before they closed). I was honest with him. I knew I wasn't drunk, but completely sober. He asked me to blow, and I readily consented. After doing it, I asked him what it showed: "0.00". I nodded, he nodded- then told me to have a good night, and I thanked him for his service.
What I've learned from seeing all the dui stops, as soon as the officer mentions smelling alcohol, there is virtually nothing you can can do to prevent being arrested if they want to arrest you.
I know here the courts have tried to push back and say they need more than smell alone but de facto, they don't. Seen many cases where they just say the person had slurred speech even though it sounds perfectly normal.
The best thing to do is, since it is not legally required in any of the states of this country to subject yourself to the “ field sobriety test” is to decline to do it, and tell the officer you will submit to the required breath or blood test.
When asked have you been drinking. I ALWAYS answer yes. And add haven't you. When the officer says no. I ask what keeps you from becoming dehydrated?
I had a lawyer friend in Florida who was on a prescription medication. She was driving. The Rx made her drowsy. She pulled off the road and took a nap in her car. This was in central Florida. It was hot. The cops showed up, and asked if she were on any medication. Yes. Bingo. Arrested for DWI. But only because she had also left the motor running so she could have the A.C.. They threw her in jail overnight---and she had to sleep on the floor in her overcrowded cell. I am so sorry she'd not had the benefit of your video.
When anyone makes an assessment of whether or not you're under the influence of any mind altering substance, it's usually subjective. I've had bouncers turn me away at night clubs, when I was not only sober, but hadn't had a drink in 2 weeks. I've had a cop accuse me of a DUI.when I drifted a little because I was tired, and I was even accused of showing up for a DOT physical drunk when I was sober, and mind you, these were "medical professionals". They gave me a breathalyzer, which I blew clean on. I requested a drug test, too,but they said I'd have to pay for it. Why should I pay for it? Burden of proof is on them, not me.
According to other UA-cam lawyers, you can be charged with operating a moter vehicle if you have the keys on you, regardless of if they're in the ignition. It's the same for gun possession. If you break it down to the parts, as long as you can put it back together, it's considered operational.
People act in their own interest, and the self-interest of the traffic cop is to log one more arrest: That's the business model.
At my age and my disabilities I would never consent to a Feild Sobriety test. I would go straight to the breathalyzer test. Since I don't drink I am pretty sure to pass that one.
Actual physical control is the charge in Oklahoma if you have the ability to drive drunk. its the same as a DUI and now they just charge it that way. even if your snoosing in your car, if you have keys and can drive they charge you with DUI as if you were.
Great advise! thanks for the video :)
In NV, you only need to have "possession" of a vehicle in order to be arrested for DUI.
Ask a biker, who is already being profiled, I put my DL, insurance and registration card in my OUTSIDE vest pocket. That way I can in one fell swoop, pull out all three without having to go through any pocket that exposes my gun on my person or in my bags. Most of where I ride, I am NOT required to inform a cop I am legally carrying a gun.
My cousin got stopped one time for DUI,it was all good until one the Cop's touched him while he was still seated in his truck,and it was game on..He knocked out three cops and beat the crap outta five of them,took seven to get him into cuffs.. When asked at court why he beat them up...He simply said never Touch me for no reason and you won't get hurt. He was a French old school Drywaller in the 60s,70s and eighties. 6'3 all Muscle from slinging 12 ft sheets of drywall five days a week during the Condo Boom.
I wish we had a guy like you for Australian law
Great tip, keep all your documents in one place. My question is if they order a person out of the car, where should the keys be and should we make sure to close the door? Had a friend that left his door open and the police took it as an invitation to enter his car. This wasn’t a DUI but they thought he had drugs (he didn’t).
I’ve attempted to perform a FST at home while completely sober and couldn’t do it perfectly. Only ONE tiny mis-movement will fail you! Always invoke your right to silence after informing the cop you’ll only submit to a BLOOD TEST.
Most excellent video...again Mr H...always the best. Playing a RIGGED game...so true.
Navigating DWI Stops: Tricks and Tips
Introduction: Understanding the Dynamics of DWI Stops
Being pulled over for a traffic violation, especially when questioned about drinking, can be stressful. Understanding the tactics police use during DWI stops and how to protect yourself is crucial. This analysis explores five common tricks used by officers during DWI stops and provides practical tips to avoid wrongful arrest.
Points One to Four - The Ascent: Unpacking Police Tactics
1. Arrest for Acting Weird:
Officers may arrest you based on their subjective assessment of your behavior. If they perceive you as acting strangely, they might attribute this to intoxication. The term "normal" is subjective, making this a common pretext for suspicion.
2. Over-Communication Trap:
Officers are trained to make you talk to gather evidence. The more you speak, the more likely you are to say something that can be used against you. This includes revealing you've had a drink or two, which can lead to further suspicion and testing.
3. Prescription Medication Admission:
Admitting to taking prescription medication can be used against you. Officers might interpret any physical or cognitive impairments as signs of intoxication, leading to probable cause for a DWI arrest.
4. Field Sobriety Tests and Physical Limitations:
Officers may ask if you have any physical issues that could affect your performance on field sobriety tests. Despite acknowledging your conditions, they might still fail you based on these tests, ignoring your physical limitations.
Point Five - The Summit: Understanding Police Strategy
5. Systematic Approach to DWI Arrests:
Police are methodical in their approach to DWI stops. They use routine questions and tests to build probable cause for arrest. Understanding this helps you navigate the interaction more strategically, recognizing that the officer's goal is often to gather enough evidence to justify an arrest.
Points Six to Ten - The Descent: Practical Tips for Protection
6. Have Documentation Ready:
Always have your driver’s license, registration, and insurance easily accessible. This minimizes delays and reduces the officer's perception of you acting weird.
7. Limit Your Speech:
Speak as little as possible. Provide necessary documents and respond politely but minimally. Avoid discussing where you've been, who you were with, or if you've had anything to drink.
8. Refuse Field Sobriety Tests:
Understand that field sobriety tests are voluntary in most states. If you have physical limitations or know these tests will be difficult for you, politely decline to take them.
9. Exercise Your Right to Remain Silent:
If questioned about your medication or other personal details, exercise your right to remain silent. You are not obligated to disclose any information that could be used against you.
10. Sleeping in Your Car:
If you choose to sleep in your car after drinking, ensure the car is off and the keys are out of the ignition. This prevents the police from claiming you were operating the vehicle while intoxicated.
Conclusion: Strategic Navigation of DWI Stops
Understanding the tactics used by police during DWI stops and employing strategic responses can protect you from wrongful arrest. By having your documents ready, limiting your speech, refusing voluntary tests, and knowing your rights, you can navigate these stops more effectively.
Final Thought - The Tree of Relief: Empowering Awareness
Empowering yourself with knowledge and understanding of police tactics during DWI stops fosters confidence and preparedness. By staying informed and strategic, you can protect your rights and navigate these encounters with greater assurance and composure.
Lol, imagine how many police officers are on prescription meds throughout every day. I see a defense angle in the making.
Never admit to taking any non prescription drugs either, over the counter medications can come up as a problem too.
A Co worker of mine was arrested for dui while sitting in his car in his own driveway with the keys in the house. They don't care. The car wasn't even drivable, but the window was down. He wasn't even asleep, was smoking a cigarette
Officer: Do you know why I pulled you over?
You: No
Officer: Where are you coming from?
You: I just finished a 5 hour pilot training class?(It obviously requires you to be sober)
Officer: Well, the reason I pulled you over was -----. Why did you do it?
You: (While not admitting to do it) I was avoiding an accident and thought it was the safest thing to do from my perspective.
I want to thank you so much for these invaluable, insightful video about the police! You have opened my eyes! Thank you thank you thank you!
I live in San Jose, California. We are so thoroughly disgusted with serious Police misconduct that juries will make large multimillion dollar judgments against the Police. That is why Contra Costa County, California recently paid 8.4 million dollars for a false arrest.
I gave them my license registration and proof of insurance and that’s it. I don’t answer questions unless they say like is your current address on your license that I say yes or no otherwise I don’t answer questions they ask you where you’re coming from I don’t answer questions I stay silent. That’s the best way to do it.
Police are not open to letting you go because MADD gives them a cash bonus, plus after so many arrests for DUI they get more bonuses from the county and promotions.
I had a cop pull me over and asked if I had been drinking, I told him no. He then asked me if I was under the influence of a controlled substance, I said no. He asked me if I had taken any prescription medications, I politely told him that he wasn’t my doctor and that I didn’t have to discuss any medication issues with him. He told me that he was investigating an issue he thought I might be impaired. I wasn’t, I am a very careful driver. I then gave him my license, registration, and insurance the. I told him I am exercising my right to remain silent. I knew that I didn’t have to engage him anymore than was necessary. If you get pulled over, look forward, both hands on the steering wheel, hand him your information, and stay quiet. Most cops get bored over their shift, they will pull you over so they will have something to do. Don’t give them their entertainment and don’t make them mad, they will give you a ticket and you don’t care if you fight it, if there is no reason for the ticket, they will gladly go to court and lose.
Many years ago I had to sleep it off in my car. I put the keys in the trunk and slept on the back seat. I wasn’t approached by the police but I wanted to be sure they couldn’t say I was operating a vehicle.
The cop mentality, everyone is guilty. He has to find a reason to arrest you.
If you have a blood test done, make sure that they use a non alcoholic swap on your arm.
Years ago I got pulled over for going the speed limit. Suspicious activity. As I was getting my documents, he stepped back to look in the back of my truck and walked back to his cruiser and drove away.
A. Do not, under any circumstances, take actions based on UA-cam lawer advice.
1. Cops do not need to have lengthy conversations to determine intoxication. Alcohol smell and slurred speech are present in simple "name and insurance please".
And, his reason for the stop was likely suspected DWI before ever making contact with you.
2. You are rarely arrested based on medication use alone. Most states require several indicators be "checked off" before probable cause is developed.
3. Physical conditions and loss of balance from alcohol are not the same. Experienced officers (even bartenders) can tell the difference.
4. I have never seen (or read about) a passenger arrested under these conditions. If this occurs, it's very wrong and I suspect, very rare.
5. Many states define operation of a vehicle as: "Active physical control".
This is further defined as actively driving or, have the immediate ability to actively operate without obstruction.
Don't "sleep it off" in your car.
Remember, state laws vary greatly. In many states, the definition of these actions can be different. And in several states, refusal to submit to sobriety tests, will result in an automatic license suspension, whether found guily or not later. Your local statutes and traffic guidelines are most likely online. If you need assistance in defining their intent, most officers will gladly talk to you in a casual setting.
And again, NEVER act based on UA-cam legal videos!!
If you are sleeping it off in your car, do it in passenger seat, put keys somewhere and when the officer asks, just say you don’t know where they are. Your friend dropped you off and told you to call them in the morning and he will tell you where he put them.
Your absolutely right.... My girlfriend was a police officer, she was very beautiful and a lot of people would talk to themselves right in the jail... She said that's what her job was to do to get people to talk, and believe me she was hot she get people to talk and they will tell her things more than she wanted to know... And away to jail they go.... She told me she was is a professional witness for the Commonwealth....
YES...they definitely have the advantage. The tough guys just get their rush...so they instigate. The smart ones will USE knowledge. I've talked officers right into admitting everything multiple times. 1 turned into an international news case and they looked like idiots to the world. Then the legislature got involved and changed the laws about 1 yr later. LOL
Don't drink anything and drive. As a former alcoholic, sober people smell your alcohol laden breath a mile away.
It does not matter how little you've had to drink. One beer with dinner is detachable.
I've only gotten pulled over 1 time in Texas and had to do a field sobriety. I was asked if I had disabilities, Knees, Ankles, Back, and Migraines. His response was "Are you sure" I said enough that the government pays me monthly for it. Their response "Sir can you blow?" Wasn't drinking that night so that wasn't a problem. Still though, I truly believe if you are pulled over for something and a cop oversteps and tries to arrest you for something, they should be subject to charges themselves, along with civil liabilities that can't be covered by Tax dollars.
And always invoke your right to remain silent. Then shut your front door!
What about the guy who was buzzed, working on his car in his own driveway, car's up on blocks or similarly disabled, and *still* got DUIed? The excuse being that he wasn't *driving/operating* the car, but was "in control of the car". Having the keys locked in the trunk where you'd have to manually pop the trunk and go outside to go get them, would still count as "being in control of the car".
It all comes down to one thing I learned as a teenager and that is to NEVER trust a cop. They can and will lie to you about everything, including your rights, and it's perfectly legal but if you lie to them about even one small thing, you're under arrest. Always keep quiet and only give them what is legally required and nothing more.
This is hilarious. Suppose the motorist who was pulled over is taking a thyroid prescription medication. An officer who might equate that to being intoxicated, is simply delusional.
This is how Lawyer's put ads out there to make money. Better Call Saul! Ambulance chasers.
It’s simple. Stop putting yourself into their jurisdictions. When they ask you a question, deny their offer for a contract. Say”I do not answer questions”.
And the moment you give them your person, he can now traffic your person into their jurisdictions and he can now kidnap you or murder you. Your communist control card aka drivers license, registration, and proof of communism extortion companies aka insurance, is how they trick you to give up your tangible rights!
And you are not obligated into helping them with their investigation against you.
If a cop asked me to do that road sobriety test thing I would say sure I’ll do it once you do it first because if you pass, I’ll pass if you fail, I get to go that’ll be a new twist for them, huh?
Taking time to shake a fans hand and take a photo, still the same James! ❤💪
The judicial system can be corrupt.
A field sobriety test is subjective. Mean it's the cops opinion whether you have past or fail. Never take a test.
I’ve seen 1000 police reports where the cops arrested someone for a DWI when they were parked drunk, on the basis that the circumstantial evidence was that the BAC and the absorption rate would support that the person must’ve been drunk when they drove the car to that location at the side of the road.
LMAO, four of us were tom catting around at various watering holes. We got pulled over and the driver was busted for DWI. The officer asked if I could drive. I informed him that I had just as much to drink as the guy he was arresting. The officer replied, "I don't care, can you drive?" I stated yes and asked if this was a trick, he replied "No, I will process him and release him into your custody. I turned to the two rear seat passengers and asked if they heard and understood what the officer had told me. They replied in the affirmative. I followed the officer to the police station, the driver was booked and released into my custody.
I've arrested over a thousand DUI 's and only 2 had more than "a couple beers". They weren't lying were they??
Ok here’s my opinion, I’m 50, I’ve been driving awhile. I don’t wanna go to jail so….. even while in possession of drugs, be nice, take ur ticket, move on. Now when I did get arrested, still be nice. Don’t wanna pick up more charges. Yes it’s sucks but no point in getting tuff with the cops, don’t you know you can’t win? Or don’t break the law. 😊
I got a tip for when you want to sleep int off in your car,,,sit in the passenger seat. You can leave the car running.
If you're sleeping in your car, not on private property, not operating the vehicle and a cop comes knocking on your window, do you have any legal obligation to even roll down the window/engage with the officer at all in the first place? To do so, you would need to insert the keys into the ignition.. either that, or unlock the door and open the entire door.
I was once pulled over for speeding. Cop walks up and says your eyes look red and bloodshot. I reached over and turned my mirror down so his red lights were not reflected on to my face. I looked up at him and said take another look because now your red lights are no longer shining on my face and eyes. He looked surprised, said nothing and wrote me a speeding ticket.
I was pulled over, young cop asked me if I had been drinking .. not anything else, me being a smart a$$ I told him yes .. he got all excited and me what and how many, I told him several mountain Drew's and a couple waters .. he got mad but I told him he asked and I didn't want to lie .. short version