roadside drug tests - now in use

[Yard Sale]

a citizen will not be arrested for any refusal to summit to a blood or saliva test or the sobriety road side joke test. Nor will a citizens refusal be used against the citizen in citizens DUI hearing/case.

Well that's news to me. I was arrested for declining to participate in roadside false evidence gathering. My refusal was used against me in court.

 

[Primus]

+1

Notice he doesn't like anyone calling it unconstitutional yet he has provided no cites from the constitution that make it so. My reading of the constitution tells me that government is restricted to its enumerated powers, and specifically in the BOR, must not infringe on things like our feeling secure in our person and effects........sounds to me that would make a random stop by threat of violence by the states costumed agents would violate those principles.


Some doth protest to much. Cops and petty functionaries who enforce state rules over law, who disregard their restraints are tyrants, are goons, are thugs, softening language because it has become politically incorrect to point out the errors of the ordained knight/samurai class does the public a disservice. Those who think that's name calling should actually read some of what the colonist wrote about their British government and its enforcers. I also find it amusing that the guy whining the most has so many posts calling names and making false imputations on others.

Another point, he keeps whining about posts not being on topic in what is essentially the off topic portion of the forum, the social lounge. I think he thought he was going to come in here with his agenda and straighten us out, instead of coming in with an open mind and learning something.

Wait I'm a ordained knight AND a samurai? That's bad a** lol

I'm not a fan of the crazy toe shoes but I guess I'll go with it. Since your the subject matter expert on police in america.

Is that like the movie last samurai?

Sent from my XT907 using Tapatalk

 

[WalkingWolf]

Another slow day in the mall ehhhh?

 

[countryclubjoe]

Well that's news to me. I was arrested for declining to participate in roadside false evidence gathering. My refusal was used against me in court.

Hi Yard sale

What were the charges? Some states have a " Implied Consent" law, which means if you have a state issued license from that state then you agree to their laws and will follow them accordingly.... Most citizens are unaware of this agreement when they acquire their license...

In Nevada looking at the statute, it appears the state can actually force a citizen to comply with the blood,urine,breath test etc.. in DUI stops.
How can that be constitutional? Its not, however the state will argue that a citizen by obtaining a state license surrenders his RIGHTS for a Privilege..

At a DUI stop you have NO right to remain silent, you have no right to attorney to be present, you must incriminate yourself via blood, urine or breath test... If you refuse the test, even if you are found innocent of the DUI charge, the DMV can revoke your license and invoke fines and fees against you, why? Simply for not complying with their unconstitutional laws...

More study is needed... I see rights and liberties being taken away by the States under a guise of a so-called privilege called a "drivers License"..

My .02

Best regards

CCJ

 

[Primus]

Another slow day in the mall ehhhh?

Lol yea must be because of the snow I guess.

Sent from my XT907 using Tapatalk

 

[OC for ME]

Unfortunately the rate of having a DL unconfiscated as a result of a DUI bust is very high. DAs are loath to hazard the "implied consent" crap if a citizen fights via the 4A aspect. A uppity citizen who desires to stick it to the man would likely have this "implied consent" crap tossed out with yesterdays dead fish. No judge would want to be known as the judge who upheld a bust for a citizen who could not be proven to have actually been driving while also under the influence.

I was pulled over because a cop saw me take a drink from a green beer bottle shaped container (in a neoprene coozie/hugger).

What follows is a brief and paraphrased account.

Cop: Excuse me Sir, do you know why I stopped you?
Me: Nope.
Cop: I stopped you because I saw you take a drink from that bottle there in your console.
Me: No law against that.
Cop: Sir, drinking and driving is a criminal offense.
Me: No, it is not.
Cop: Yessir, drinking alcohol while driving is a criminal offense.
Me: Yessir, drinking alcohol by the driver while driving is a crime.
Cop: Have you been drinking that beer?
Me: Yessirr.
Cop: Step out of the vehicle please, Sir.
Me: Sure, can I finish my beer?
Cop: Well, no.
Me: C'Mon, I have one swig left and it is still cold.
Cop: If you insist.
Me: (Take bottle out of coozie and a O'Doul's is made evident) Thanks.
Cop: Uh, well Sir, you do realize that another officer may not know that O'Doul's is a non-alcoholic beverage under state law.
Me: Then that cop would get sued into poverty. Am I free to go?
Cop: You are free to go.

True story. It was not fair of me to lead that cop on like that. But, he did know the law, so I do consider myself lucky is some small aspect.

That cop is now a close friend of mine. He went back and told this story and I got a call from the chief. He was peeved to say the least, but he got the point I made at my buddies expense. The chief knows I OC when I can and as often as I can. My wife has 100% control of my right to OC based on my designated and approved attire. The cops at my cop shop know the law. My cop shop is one of the better ones in my view, good bunch of cops.

The chief did a little training on being a little more investigative in their questioning, instead of assuming what they saw is what they thought they saw. All my buddie had to do is ask me if I was drinking a beer and to show him what kind I of beer I was drinking.

No DUI check points are set up in my little town. The chief knows that a uppity citizen, like me, could make his life and his job very difficult. Be a cop and do what cops have always done, good and tried and true police work. Check points are not police work, they're fishing expeditions in the hopes of hooking big monetary fines. Nothing more and nothing less.

 

[countryclubjoe]

If during a hearing the judge finds there is no PC for the arrest the license is reinstated, at least it was while I was still working. That is why it is so important for there to be solid evidence for PC for a conviction. Not getting solid evidence is sloppy, lazy, incompetent police work.

Hi WW-- Yes the judge will return the driving privilege to the citizen, however the DMV will then revoke the citizens license for "refusal" to comply.
The DMV is a separate entity of and in itself... They make their own rules... When a citizen enters into a driving license contract with the DMV, for the so called "privilege" of obtaining a "driver License", the citizen unknowingly surrenders some of his/her rights under the Constitution... Some examples are, lets use a DUI stop.. The suspected citizen of a DUI stop, will not be afforded immediate counsel, does not have a right to NOT incriminate him/her self.. Suspected citizens property, will be confiscated WITHOUT DUE PROCESS.. The list goes on...
The DMV operates around the constitution by using terms like, violation, statutes, titles etc. They even have their own kangaroo court for the enforcement of such statutes, violations and titles etc.... BIG CORRUPT BUSINESS...

For the majority of LAC the only encounter they will ever have with a peace office or the court system is for some minor traffic violation.
Therefore the average citizens never realize the corruption and stealing of rights that exist in the driver license motor vehicle system..

My.02

WW, I hope and trust you are recovering well from your recent medical issues...

Best regards.

CCJ

 

[WalkingWolf]

NC DOT conducts driving privilege hearings, if there is no conviction, and no PC the license usually is reinstated.

Actually even if there is a conviction, if the driver jumps through their hoops they will get their license back.

 

[countryclubjoe]

NC DOT conducts driving privilege hearings, if there is no conviction, and no PC the license usually is reinstated.

Actually even if there is a conviction, if the driver jumps through their hoops they will get their license back.

In NJ, DMV, A refusal to comply is treated with more severity then the actual DUI conviction... Remember the DMV makes up their own set of rules...

I personally do not enter into state contracts, I reserve all my rights under the US Constitution... But that's me...

My .02

CCJ

 

[WalkingWolf]

In NJ, DMV, A refusal to comply is treated with more severity then the actual DUI conviction... Remember the DMV makes up their own set of rules...

I personally do not enter into state contracts, I reserve all my rights under the US Constitution... But that's me...

My .02

CCJ

A judge in any state can order the DMV to take or not take a action. The DMV would then have to get the judges ruling overturned. I found in my career that most people first time DUI get their license reinstated in some form whether they were convicted or not. There must be PC for a arrest to be lawful, and if there is not there cannot be a revocation on refusal of a unlawful arrest. Plus take into account that in most states the County Clerk is the one to provide notification to the DMV, and they do respond to the judges orders. All the papers when I was working even as a State officer were filed through the county.

 

[sudden valley gunner]

Wait I'm a ordained knight AND a samurai? That's bad a** lol

I'm not a fan of the crazy toe shoes but I guess I'll go with it. Since your the subject matter expert on police in america.

Is that like the movie last samurai?

Sent from my XT907 using Tapatalk

Evasive.

No not cool, having a state sanctioned warrior class living off of money stolen from the public who are above the law the mundanes are forced to submit too.

I am not even in the profession but apparently know more than you who is.

Oh wait you are trying the ol' call to expertise fallacy, if you are such an expert it should be easy for you to actually use logic instead of asshattery.

 

[Primus]

Evasive.

No not cool, having a state sanctioned warrior class living off of money stolen from the public who are above the law the mundanes are forced to submit too.

I am not even in the profession but apparently know more than you who is.

Oh wait you are trying the ol' call to expertise fallacy, if you are such an expert it should be easy for you to actually use logic instead of asshattery.

Negative my friend.... you have a perceived notion in your head you know anything about the profession. Some people call it delusions.

I'm in asshattery? You really called me a friggin Samaria warrior. Really? And an ordained knight. But your right... I'm engaged in asshattery.....

Sent from my XT907 using Tapatalk

 

[WalkingWolf]

Negative my friend.... you have a perceived notion in your head you know anything about the profession. Some people call it delusions.

I'm in asshattery? You really called me a friggin Samaria warrior. Really? And an ordained knight. But your right... I'm engaged in asshattery.....

Sent from my XT907 using Tapatalk

Could you post the cite/post where he called you anything? If you can't you are a liar, which just confirms what I have always believed.

 

[Primus]

+1

Notice he doesn't like anyone calling it unconstitutional yet he has provided no cites from the constitution that make it so. My reading of the constitution tells me that government is restricted to its enumerated powers, and specifically in the BOR, must not infringe on things like our feeling secure in our person and effects........sounds to me that would make a random stop by threat of violence by the states costumed agents would violate those principles.


Some doth protest to much. Cops and petty functionaries who enforce state rules over law, who disregard their restraints are tyrants, are goons, are thugs, softening language because it has become politically incorrect to point out the errors of the ordained knight/samurai class does the public a disservice. Those who think that's name calling should actually read some of what the colonist wrote about their British government and its enforcers. I also find it amusing that the guy whining the most has so many posts calling names and making false imputations on others.

Another point, he keeps whining about posts not being on topic in what is essentially the off topic portion of the forum, the social lounge. I think he thought he was going to come in here with his agenda and straighten us out, instead of coming in with an open mind and learning something.

Here you go walking wolf. Second paragraph half way down.

Anything else?

Sent from my XT907 using Tapatalk

 

[sudden valley gunner]

Could you post the cite/post where he called you anything? If you can't you are a liar, which just confirms what I have always believed.

+1

 

[WalkingWolf]

Cops and petty functionaries who enforce state rules over law, who disregard their restraints are tyrants, are goons, are thugs,

He DIDN'T call you anything at all! Unless you are admitting YOU are a thug. Personally I believe you are a wannabe thug, nothing more, except one prone to fantasies and outright lies.

ETA: I doubt he thinks you are a cop anymore than I do, his post was about bad cops. Just because he was responding to your constant garbage did not mean he called you anything.

You try WAY to hard to convince us that you are cop to actually be a cop.

 

[sudden valley gunner]

Here you go walking wolf. Second paragraph half way down.

Anything else?

Sent from my XT907 using Tapatalk

I didn't call you any names, you took that upon yourself.

Thanks for quoting and not denying the rest of the asshattery I pointed out in that post.

You are the delusional one if you think only cops understand being a cop, and that the mundanes need to curtail their opinions because their knowledge don't count unless you are a cop.

What you seem to suffer from is personal bias, where you cannot objectively look at yourself and your beloved enFORCErs with a critical eye. Hell you tacit admissions in other threads prove this.

 

[sudden valley gunner]

Cops and petty functionaries who enforce state rules over law, who disregard their restraints are tyrants, are goons, are thugs,

He DIDN'T call you anything at all! Unless you are admitting YOU are a thug. Personally I believe you are a wannabe thug, nothing more, except one prone to fantasies and outright lies.

+1

 

[Primus]

I didn't call you any names, you took that upon yourself.

Thanks for quoting and not denying the rest of the asshattery I pointed out in that post.

You are the delusional one if you think only cops understand being a cop, and that the mundanes need to curtail their opinions because their knowledge don't count unless you are a cop.

What you seem to suffer from is personal bias, where you cannot objectively look at yourself and your beloved enFORCErs with a critical eye. Hell you tacit admissions in other threads prove this.

Lol ok svg..... your right. You figured me all out.

Last time I checked isn't "the whole barrel is rotten" your motto? I've heard you say that in just about every cop thread. So if that means you believe every cop is rotten then it includes the good ones. All of a sudden your going to say you think there ate good ones now? Cmon guy......

So be it. Play your games.

Sent from my XT907 using Tapatalk

 

[WalkingWolf]

Lol ok svg..... your right. You figured me all out.

Last time I checked isn't "the whole barrel is rotten" your motto? I've heard you say that in just about every cop thread. So if that means you believe every cop is rotten then it includes the good ones. All of a sudden your going to say you think there ate good ones now? Cmon guy......

So be it. Play your games.

Sent from my XT907 using Tapatalk

Again CITE? Otherwise just more lies!

And I highly doubt he considers you part of the barrel, I know I don't.