"Bill McKee" wrote in message
m...

"thunder" wrote in message
t...
On Sat, 28 Nov 2009 20:12:45 -0800, Bill McKee wrote:


In California, you lose your license for a year for refusing a
breathalyser or BAC test. They say you agree to the tests when you
apply for your license.

Yeah, but, not *field* tests.

"Any handheld breath alcohol test administered at roadside prior to
arrest is completely voluntary and should be politely declined."

From:

http://sandiegodwi.com/mandatory-dui...voluntary.html

Interesting.

So...from now on you pan to refuse Swill?

In article ,
says...

On Sat, 28 Nov 2009 17:14:02 -0500, wrote:

The problem with field sobriety tests are they are very subjective. It
is really just what the cop says it is and there is absolutely no
baseline for how the person performs sober.
I have some pretty nasty osteoarthritis in the big toe joints of both
feet, Standing on one foot is not easy for me at any time. The older a
person is, the more likely it is they will have a natural problem with
some of the agility tests the cops put you through.
This guy was in his 70s. Lets hope we are all agile enough to pass a
field sobriety test in our 70s, cold sober.
The other problem is the field urine test. It is far from accurate and
who knows how common meds (non-narcotic) will show up with a test
strip.

It's my understanding, perhaps incorrect, that some attorneys are
advising clients to refuse all field testing.

This becomes a he said, she said situation. The attorney can argue
anything, tired, depressed, angry.... Without objective physical
evidence to the contrary the state can only rely upon the officer's
subjective analysis at the time and dashboard video if available.

Most states will suspend your license for a period of time for refusal
to submit to tests.

No, I am not an attorney.

BAR wrote:
In article ,
says...
On Sat, 28 Nov 2009 17:14:02 -0500, wrote:

The problem with field sobriety tests are they are very subjective. It
is really just what the cop says it is and there is absolutely no
baseline for how the person performs sober.
I have some pretty nasty osteoarthritis in the big toe joints of both
feet, Standing on one foot is not easy for me at any time. The older a
person is, the more likely it is they will have a natural problem with
some of the agility tests the cops put you through.
This guy was in his 70s. Lets hope we are all agile enough to pass a
field sobriety test in our 70s, cold sober.
The other problem is the field urine test. It is far from accurate and
who knows how common meds (non-narcotic) will show up with a test
strip.
It's my understanding, perhaps incorrect, that some attorneys are
advising clients to refuse all field testing.

This becomes a he said, she said situation. The attorney can argue
anything, tired, depressed, angry.... Without objective physical
evidence to the contrary the state can only rely upon the officer's
subjective analysis at the time and dashboard video if available.

Most states will suspend your license for a period of time for refusal
to submit to tests.

No, I am not an attorney.


Gee...what a surprise.


--
If you are flajim, herring, loogy, GC boater, johnson, topbassdog, rob,
achmed the sock puppet, or one of a half dozen others, you're wasting
your time by trying to *communicate* with me through rec.boats, because,
well, you are among the permanent members of my dumbfoch dumpster, and I
don't read the vomit you post, except by accident on occasion. As
always, have a nice, simple-minded day.

"Don White" wrote in message
...

"Bill McKee" wrote in message
m...

"thunder" wrote in message
t...
On Sat, 28 Nov 2009 20:12:45 -0800, Bill McKee wrote:


In California, you lose your license for a year for refusing a
breathalyser or BAC test. They say you agree to the tests when you
apply for your license.

Yeah, but, not *field* tests.

"Any handheld breath alcohol test administered at roadside prior to
arrest is completely voluntary and should be politely declined."

From:

http://sandiegodwi.com/mandatory-dui...voluntary.html

Interesting.

So...from now on you pan to refuse Swill?


pan?

"Bill McKee" wrote in message
m...

"Don White" wrote in message
...

"Bill McKee" wrote in message
m...

"thunder" wrote in message
t...
On Sat, 28 Nov 2009 20:12:45 -0800, Bill McKee wrote:


In California, you lose your license for a year for refusing a
breathalyser or BAC test. They say you agree to the tests when you
apply for your license.

Yeah, but, not *field* tests.

"Any handheld breath alcohol test administered at roadside prior to
arrest is completely voluntary and should be politely declined."

From:

http://sandiegodwi.com/mandatory-dui...voluntary.html

Interesting.

So...from now on you pan to refuse Swill?


pan?

make it plan.
Geeez... do I have to spell everything out for you?

Don White wrote:
"Bill wrote in message
m...

"Don wrote in message
...

"Bill wrote in message
m...

wrote in message
t...
On Sat, 28 Nov 2009 20:12:45 -0800, Bill McKee wrote:


In California, you lose your license for a year for refusing a
breathalyser or BAC test. They say you agree to the tests when you
apply for your license.

Yeah, but, not *field* tests.

"Any handheld breath alcohol test administered at roadside prior to
arrest is completely voluntary and should be politely declined."

From:

http://sandiegodwi.com/mandatory-dui...voluntary.html

Interesting.

So...from now on you pan to refuse Swill?


pan?

make it plan.
Geeez... do I have to spell everything out for you?



Just get it right the first time, dummy.

Rob

"Don White" wrote in message
...

"Bill McKee" wrote in message
m...

"Don White" wrote in message
...

"Bill McKee" wrote in message
m...

"thunder" wrote in message
t...
On Sat, 28 Nov 2009 20:12:45 -0800, Bill McKee wrote:


In California, you lose your license for a year for refusing a
breathalyser or BAC test. They say you agree to the tests when you
apply for your license.

Yeah, but, not *field* tests.

"Any handheld breath alcohol test administered at roadside prior to
arrest is completely voluntary and should be politely declined."

From:

http://sandiegodwi.com/mandatory-dui...voluntary.html

Interesting.

So...from now on you pan to refuse Swill?


pan?

make it plan.
Geeez... do I have to spell everything out for you?


Nope, you can engage your brain if you have one before hitting send.

On Sat, 28 Nov 2009 17:14:02 -0500, wrote:



The problem with field sobriety tests are they are very subjective. It
is really just what the cop says it is and there is absolutely no
baseline for how the person performs sober.
I have some pretty nasty osteoarthritis in the big toe joints of both
feet, Standing on one foot is not easy for me at any time. The older a
person is, the more likely it is they will have a natural problem with
some of the agility tests the cops put you through.

My BIL got pulled over 4 or 5 months ago. Turn signal violation while
coming home from a card game or horseshoes - not sure.
Only had a few beers over a couple hours, but the cops smelled it.
The guy rarely even drinks nowadays.
He didn't want to take a chance on a DUI, so he refused the breath
test. Commercial license or whatever they call it.
He's got a box haul-off business and was still driving most of the
hauls. Clean driving record.
Did the "field sobriety" sobriety test. Had a little trouble with
something because he'd recently had a knee operation.
But the judge dismissed the DUI charge after seeing the police tape.
License suspended for a year for refusing the breath test, but he's
driving his personal pickup after he put a "blow" device in it.
Won't start if it detects alcohol. But they won't allow it in work
tractors. So his son is doing the driving and he works the yard.
Reversed roles.
Wishes he had taken the breathalyzer, because he's since found a
first-time DUI just over the line might have gotten less of a penalty
than a year suspension. Lawyer told him this.
My sis told me this, so I won't swear by any of it, but it makes
sense.
Since they started cracking down on DUI some years ago, I won't
drive within an hour of a beer.
Especially if I was forced to drink a Michelob.
We don't go together well. Chemistry I guess. Gives me beer breath
for hours.

--Vic

In article ,
says...

"Don White" wrote in message
...

"Bill McKee" wrote in message
m...

"Don White" wrote in message
...

"Bill McKee" wrote in message
m...

"thunder" wrote in message
t...
On Sat, 28 Nov 2009 20:12:45 -0800, Bill McKee wrote:


In California, you lose your license for a year for refusing a
breathalyser or BAC test. They say you agree to the tests when you
apply for your license.

Yeah, but, not *field* tests.

"Any handheld breath alcohol test administered at roadside prior to
arrest is completely voluntary and should be politely declined."

From:

http://sandiegodwi.com/mandatory-dui...voluntary.html

Interesting.

So...from now on you pan to refuse Swill?


pan?

make it plan.
Geeez... do I have to spell everything out for you?


Nope, you can engage your brain if you have one before hitting send.

It's so funny to see spell checker boy screw up almost every post.
Especially when he does it while correcting someone else. What a
dummy...