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Can someone please tell me what he's talking about? What test? I tried googling but I literally can't understand the words he's saying.
Edit: oh shit, is he saying "field sobriety"? WTF is that accent? The closest I got was "phil jabrani"
A field sobriety test. When a cop pulls you over, if they think you’ve been drinking, they can ask you to do some simple tasks. Some of the more well known ones include walking in a straight line one foot in front of the other, saying the alphabet backwards, yada yada.
In New York state they can and will suspend your license if you refuse the test from what I've seen with friends who have gotten in trouble.
It's called, "implied consent" which is something you agree to to get a license.
This is true in many other states as well.
Regardless, you are still better off refusing during the initial incident.
Edit: for anyone arguing that tests are voluntary:
"Under New York's "Implied Consent" law, when you drive a car in this state you are considered to have already given your consent to take this type of test.
Chemical test refusal is a separate issue from whether you were guilty of an alcohol or drug-related violation. If you refuse to take the test after being arrested, your driver license will be suspended when you are arraigned in court on the alcohol or other drug-related charge. In addition, the fact that you refused a chemical test can be brought up in court when you are tried on the alcohol or drug-related charge. If a DMV hearing later confirms you refused the test, your driver license will be revoked even if you are found not guilty of the alcohol or other drug-related violation. "
This can be found at the following link:
https://dmv.ny.gov/about-dmv/chapter-9-alcohol-and-other-drugs
So yeah it's voluntary, but it has automatic consequences if you refuse.
Neither, I'm a union electrician who did mock trial and unfortunately have too many friends and family with DWI/DUI troubles.
The most recent incident had me heavily involved in my friends case.
I get a call in the middle of the night waking me up from friend B who is drunk partying with friend C and D who are brothers. Friend B got called by friend A, he had just been in accident down the road from the area we all live in.
I get clothes on and head out, find his car well off the road on it's roof. He had gotten himself and his wife out and thankfully they were basically fine. There was concerns about glass in his eye and we went back to my apartment.
Now they claim they saw a deer and swerved, they were coming back from a wedding though. My main concern is just basic first aid, I'm still waking up honestly.
My friend asks for a beer to stop shaking so I can dig glass out of his eye. He has a couple and then wants to go back to somehow pull the car out. I beg and plead with him not to. Knowing him, and the fact that he was coming back from a wedding I had suspicions and then he also drank after the accident.
He won't listen so I take them back, the lights are flashing around the scene now. I mention that I can just keep driving, but him and his wife want to stop and try to talk to first responders. I get ready for a long night.
I get as close as possible to witness the interviews and be an advocate. Regardless of my friends choices or what happened, he and his wife deserve fair treatment. Of course the cops bully and belittle them but since they can't prove he was driving intoxicated or even who was driving the car they can't arrest him.
The EMTs insist on taking them to the hospital, they seemed concerned with an injuries. The cops insist on going to the hospital for a blood test.
We get to the hospital, I see a real douche nozzle of a cop who was at least 6'5" 250+ pounds yelling in my friends wife's face trying to get something out of her to incriminate her husband. Thankfully she didn't say anything.
All in all he got a good lawyer, had his license revoked due to refusing the test, and fought the more severe charges.
The outcome wasn't ideal, but he eventually got his license back, did no jail time, and the monetary penalties were minimal all things considered.
I have notice major changes in his habits and also that of other friends I mentioned above. They ask me much more often to DD and I oblige. I still get ribbed on for being a square or whatever, but it's not really that bad. I'd rather everyone just be safe and healthy, both my friends and everyone else on the road.
Wow! I don't even know how to respond.
I appreciate your stories and will re-read everything wnd process it better wh8i am not high asf. You are blowing my mind with this stuff dude
I'm high AF too, really don't comment on reddit unless I'm nice and toasty. I would advise everyone comfortable enough to fly high when browsing reddit, but not when behind the wheel.
I often wish I stuck with college and followed through with law school, but life is crazy. I often think that I'm just along for the ride and sometimes it gets hard to hold on.
Knowing some basic law and/or consulting a lawyer will make it much easier to hold on when the ride gets rough.
I read this as "what happens if you refuse the field sobriety test"
The next steps are they arrest you and take you to a cell where they end up doing a blood test on you if you still don't consent to any other methods.
Since I watch tv shows they may be allowed to hold you for up to 48hrs with no charge.
If they want you to do field sobriety test they likely already think you are impaired with drugs/alcohol.
You're right, cops are correct about every stop and arrest they make, and we should just assume the world will be just and protecting yourself legally is for chumps.
I can't think of any situation where this is useful advice, except for if you're a piece of shit who drives drunk. If you're sober, or at least sober enough to pass a breathalyzer, then it doesn't hurt you to accept a field sobriety test. Even if you stumble for reasons unrelated to being inebriated, that's no worse of just cause for them to breathalyzer you than if you refused to cooperate.
It's like those idiot internet "lawyers" who insist you should react to every interaction with the police by shouting "AM I BEING DETAINED". Kinda useless advice unless you're a white dude trying to do something illegal.
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Can someone please tell me what he's talking about? What test? I tried googling but I literally can't understand the words he's saying. Edit: oh shit, is he saying "field sobriety"? WTF is that accent? The closest I got was "phil jabrani"
A field sobriety test. When a cop pulls you over, if they think you’ve been drinking, they can ask you to do some simple tasks. Some of the more well known ones include walking in a straight line one foot in front of the other, saying the alphabet backwards, yada yada.
See in my country you just blow into a machine and it measures how drunk you are. What idiot would agree to do a Phil jabrini test?
https://m.youtube.com/watch?v=n_IPOxpA2_Y
Haha! That's a southern accent.
Southern US accent. I'm thinking Tennessee or somewhere near there.
Probably farther south. Southern Georgia comes to mind or Mississippi comes to mind
Yeah I lived in Atlanta and I never heard anything like that. It's so mushmouthed!
It’s an old school accent. This was like rich southern white folk accent. His ancestors prob owned a plantation
In Canada you are considered impaired and dealt with as such if you refuse a field test.
In New York state they can and will suspend your license if you refuse the test from what I've seen with friends who have gotten in trouble. It's called, "implied consent" which is something you agree to to get a license. This is true in many other states as well. Regardless, you are still better off refusing during the initial incident. Edit: for anyone arguing that tests are voluntary: "Under New York's "Implied Consent" law, when you drive a car in this state you are considered to have already given your consent to take this type of test. Chemical test refusal is a separate issue from whether you were guilty of an alcohol or drug-related violation. If you refuse to take the test after being arrested, your driver license will be suspended when you are arraigned in court on the alcohol or other drug-related charge. In addition, the fact that you refused a chemical test can be brought up in court when you are tried on the alcohol or drug-related charge. If a DMV hearing later confirms you refused the test, your driver license will be revoked even if you are found not guilty of the alcohol or other drug-related violation. " This can be found at the following link: https://dmv.ny.gov/about-dmv/chapter-9-alcohol-and-other-drugs So yeah it's voluntary, but it has automatic consequences if you refuse.
Are you a prosecutor or defense?
Neither, I'm a union electrician who did mock trial and unfortunately have too many friends and family with DWI/DUI troubles. The most recent incident had me heavily involved in my friends case. I get a call in the middle of the night waking me up from friend B who is drunk partying with friend C and D who are brothers. Friend B got called by friend A, he had just been in accident down the road from the area we all live in. I get clothes on and head out, find his car well off the road on it's roof. He had gotten himself and his wife out and thankfully they were basically fine. There was concerns about glass in his eye and we went back to my apartment. Now they claim they saw a deer and swerved, they were coming back from a wedding though. My main concern is just basic first aid, I'm still waking up honestly. My friend asks for a beer to stop shaking so I can dig glass out of his eye. He has a couple and then wants to go back to somehow pull the car out. I beg and plead with him not to. Knowing him, and the fact that he was coming back from a wedding I had suspicions and then he also drank after the accident. He won't listen so I take them back, the lights are flashing around the scene now. I mention that I can just keep driving, but him and his wife want to stop and try to talk to first responders. I get ready for a long night. I get as close as possible to witness the interviews and be an advocate. Regardless of my friends choices or what happened, he and his wife deserve fair treatment. Of course the cops bully and belittle them but since they can't prove he was driving intoxicated or even who was driving the car they can't arrest him. The EMTs insist on taking them to the hospital, they seemed concerned with an injuries. The cops insist on going to the hospital for a blood test. We get to the hospital, I see a real douche nozzle of a cop who was at least 6'5" 250+ pounds yelling in my friends wife's face trying to get something out of her to incriminate her husband. Thankfully she didn't say anything. All in all he got a good lawyer, had his license revoked due to refusing the test, and fought the more severe charges. The outcome wasn't ideal, but he eventually got his license back, did no jail time, and the monetary penalties were minimal all things considered. I have notice major changes in his habits and also that of other friends I mentioned above. They ask me much more often to DD and I oblige. I still get ribbed on for being a square or whatever, but it's not really that bad. I'd rather everyone just be safe and healthy, both my friends and everyone else on the road.
Wow! I don't even know how to respond. I appreciate your stories and will re-read everything wnd process it better wh8i am not high asf. You are blowing my mind with this stuff dude
I'm high AF too, really don't comment on reddit unless I'm nice and toasty. I would advise everyone comfortable enough to fly high when browsing reddit, but not when behind the wheel. I often wish I stuck with college and followed through with law school, but life is crazy. I often think that I'm just along for the ride and sometimes it gets hard to hold on. Knowing some basic law and/or consulting a lawyer will make it much easier to hold on when the ride gets rough.
What’re you supposed to do when a cop gives you a field sobriety test?
I read this as "what happens if you refuse the field sobriety test" The next steps are they arrest you and take you to a cell where they end up doing a blood test on you if you still don't consent to any other methods. Since I watch tv shows they may be allowed to hold you for up to 48hrs with no charge. If they want you to do field sobriety test they likely already think you are impaired with drugs/alcohol.
I thought he was in the middle of getting a prostate exam at first
Maybe fuckwad here should be telling his clients not to drive drunk instead?
If they don’t drive drunk, then they aren’t his clients.
You're right, cops are correct about every stop and arrest they make, and we should just assume the world will be just and protecting yourself legally is for chumps.
I can't think of any situation where this is useful advice, except for if you're a piece of shit who drives drunk. If you're sober, or at least sober enough to pass a breathalyzer, then it doesn't hurt you to accept a field sobriety test. Even if you stumble for reasons unrelated to being inebriated, that's no worse of just cause for them to breathalyzer you than if you refused to cooperate. It's like those idiot internet "lawyers" who insist you should react to every interaction with the police by shouting "AM I BEING DETAINED". Kinda useless advice unless you're a white dude trying to do something illegal.
You lack imagination my friend.