Live PD

[steveno]

I have been watching Live PD on A & E. the question is why during a sobriety check why don't they just give the person a breathalyzer check in the first place? I'm not the most balanced person in the world and I can't stand on one foot for as long as they expect a person to see if they are sober.

it is a decent show but I think the "First 48" is a better show

 

[hostler]

My question is, if at a sobriety checkpoint the police pull a vehicle aside because the driver refuses to lower his window or produce a DL, how can the police (usually 2 or more officers) stand there and talk with the guy for 15 minutes and not be able to determine if the driver is drunk?

 

[tdevinney]

A person must be arrested in NC for a formal breath test. The arrest cannot take place without establishing probable cause. The field sobriety tests are the probable cause for the arrest.

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[RSanch111]

Because you COULD blow a .08... or a .10.... or depending on how much you drink, a .22 or higher.... and still have good motor/coordination abilities. There are two parts to most states' DWI laws: Unlawful Blood Alcohol Content AND being "under the influence/impaired." Just because you can pass the field sobriety tests, doesn't mean you're "legal". So they have to "test" for both. The Preliminary Breath Test isn't required. Not in Michigan anyway. That's just a tool to build probable cause for drunk driving. The results aren't admissible in court unless the defense brings it up. Unless things have changed. The PBT in the field is different than the "Datamaster" machine that you blow into at the station. That's the one that's admissible in court.

 

[okiegtrider]

the question is why during a sobriety check why don't they just give the person a breathalyzer check in the first place? /QUOTE]

What you are seeing there are portions of what they call Standardized Field Sobriety Testing. The officer has already gone through some steps and observed some behaviours before they have someone out standing one one leg or walking in a straight line. The tests are building blocks, each building on the last to help the officer gauge a suspect's level of impairment, or lack thereof. Field testing is all about helping the officer determine if he has probable cause to arrest and take the suspect in to give the test that counts as an evidentiary test. It's a process. I doubt they show it in its entirety during the TV show.

 

[jimmyj]

I do not drink, but I could not do the sobriety test

 

[dben002]

It's a reality TV show...producers demand certain actions for viewing audience. It's like Pawn Stars....not real but made for TV

 

[Ditchdigger]

Years ago I had to do a 'kid exchange' with the ex. We weren't getting along well so we decided the local police substation parking lot would suffice.
While there, she went in and told them that I'd been drinking so they promptly came outside and made me do the dance in front of God and my kids. After all that they made me blow. .000, imagine that. But thanks for making me look like a total a** in front of my children!




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[hostler]

Years ago I had to do a 'kid exchange' with the ex. We weren't getting along well so we decided the local police substation parking lot would suffice.
While there, she went in and told them that I'd been drinking so they promptly came outside and made me do the dance in front of God and my kids. After all that they made me blow. .000, imagine that. But thanks for making me look like a total a** in front of my children!




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Should've played it off like a game.
(Come on kids, who wants to be the next to play "what's your BAC")

 

[Ditchdigger]

Should've played it off like a game.

(Come on kids, who wants to be the next to play "what's your BAC")

Haha yes, that would've worked. I guess my biggest frustration was why they didn't just breath test right away. Instead of making me hula hoop.


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[old bear]

Ditchdigger, What a cheap shot. I will admit Ex's of either sex can be down right mean and nasty. I never could understand why folks can't let something go once it's over.

 

[Fishinfool]

Something not mentioned above is that a field sobriety test is not just for alcohol impairment. Often there is no alcohol present, but a person is under the influence of illegal or prescription drugs that no breathalyzer will find.

Larry

 

[dswancutt]

Haha yes, that would've worked. I guess my biggest frustration was why they didn't just breath test right away. Instead of making me hula hoop.


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Or said, OK kids, now it's mommy's turn.

 

[Ditchdigger]

Or said, OK kids, now it's mommy's turn.

Actually she spent many months before and after that incident in the pokey for scrip drug abuse and the crimes that seem to follow it around. Sad deal for the kids. But visitation is a lot easier when the privilege was taken away.



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[Ditchdigger]

I have been watching Live PD on A & E. the question is why during a sobriety check why don't they just give the person a breathalyzer check in the first place? I'm not the most balanced person in the world and I can't stand on one foot for as long as they expect a person to see if they are sober.



it is a decent show but I think the "First 48" is a better show

I would agree with you on 'The First 48'. Good show that doesn't seem too sensationalized.

As far as the breathalyzer, at least if they could ask you 'sir, I have suspicions that you've been drinking, you can dance for me or if you'd like just blow into this thing'.


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[NYlakesider]

I would agree with you on 'The First 48'. Good show that doesn't seem too sensationalized.

As far as the breathalyzer, at least if they could ask you 'sir, I have suspicions that you've been drinking, you can dance for me or if you'd like just blow into this thing'.


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Back in the ninetys I was riding with my wife and she got hit by a clown that ran a red light. City traffic safety officer showed up in a few minuets took his reports and then announced I want both drivers to do a blow test. Now my wife had nothing to drink and after observing & smelling the the other driver I doubted he was impaired either. I asked the officer about the test and his rather haughty reply was "Sir I'm a traffic safety officer and I always make any person involved in a accident prove their sober."

I doubted it was legal but not in a position or need to argue as I knew my wife was clean.

 

[RSanch111]

Back in the ninetys I was riding with my wife and she got hit by a clown that ran a red light. City traffic safety officer showed up in a few minuets took his reports and then announced I want both drivers to do a blow test. Now my wife had nothing to drink and after observing & smelling the the other driver I doubted he was impaired either. I asked the officer about the test and his rather haughty reply was "Sir I'm a traffic safety officer and I always make any person involved in a accident prove their sober."

I doubted it was legal but not in a position or need to argue as I knew my wife was clean.

In these parts, you need reasonable suspicion to compel someone to take a Preliminary Breath Test. Getting involved in an accident does not equal reasonable suspicion. They also dropped it from a misdemeanor to a civil infraction here to fail to take a PBT when a cop orders you to. Guy sounds like a twit.

 

[Squarebutt]

Last week the Rhode Island state police pulled over a MA driver who was weaving. She failed the sidewalk test, so they took her in. She blew a .441 BAC. They thought it was an error, so they tried again a little later, and she blew a .391. I wouldn't think anyone would be alive at that level.

 

[shouldazagged]

Last week the Rhode Island state police pulled over a MA driver who was weaving. She failed the sidewalk test, so they took her in. She blew a .441 BAC. They thought it was an error, so they tried again a little later, and she blew a .391. I wouldn't think anyone would be alive at that level.

Highest I ever saw, when I was in the treatment business and running a court referral program, was a 0.54. No one, including our medical director, could understand why the guy wasn't at least comatose if not dead.

JimmyJ, I couldn't do the test either, and I just turned 36 years sober. My legs and balance are shot to hell. If questioned I would request a blood test.

 

[RSanch111]

I had a guy involved in a fatal hit and run crash. Blood test was over .40. To talk to him you would have thought he was sober.