DUI Checkpoint

[Cebu_4_2]

http://youtu.be/lLKUKG57UHU

http://youtu.be/lLKUKG57UHU

[madfranks]

At the conclusion of that little episode, it's clear the man driving the car is not drunk, so even though he refused to answer their questions verbally, he demonstrated to their satisfaction that he was not driving while intoxicated.

[midnight rambler]

At the conclusion of that little episode, it's clear the man driving the car is not drunk, so even though he refused to answer their questions verbally, he demonstrated to their satisfaction that he was not driving while intoxicated.

Yeah, but the donut munchers are ALWAYS looking for ways to shove their searchlight up your ass, a 'DUI checkpoint' is just one of the ways they engage you so they can whip out their searchlight (sans the lube).

[JohnQPublic]

I remember when these checkpoints first started in the 1980s. I drove into one and just sat there with my window up and ignored the cops until they just waved me on.

[madfranks]

Yeah, but the donut munchers are ALWAYS looking for ways to shove their searchlight up your ass, a 'DUI checkpoint' is just one of the ways they engage you so they can whip out their searchlight (sans the lube).

Don't get me wrong, I applaud the guy standing up for himself and successfully having the police back down, but I'm just pointing out that whether he liked it or not, by demonstrating his sobriety, he answered their question.

I wonder what would have happened if he simply refused to be stopped in the first place and kept driving? Do you think they would have simply let him go then?

[Hitch]

I wonder what would have happened if he simply refused to be stopped in the first place and kept driving? Do you think they would have simply let him go then?

I would think they would radio it in, and have another cop respond to pull him over.

I have never in my life driven through a check point, but I agree with your point. They simply want to find drunk drivers, and even though this guy wasn't cooperating it was obvious he had not been drinking. If they smelled alcohol however, there would be a much different outcome.

[Cebu_4_2]

If they smelled alcohol however, there would be a much different outcome.

DUI defense 101... alcohol does not have a smell.

[Hitch]

DUI defense 101... alcohol does not have a smell.

Nice catch, very good point. You could toss out an arrest report with that mistake.

[Glass]

alcohol does have a smell. Vodka is probably the exception where its' odour is so slight you would not pick it. Just about any mixer over powers it. But whiskey and rum certainly have a smell on the breath. Beer, which is the alcohol of choice in most situations is easily smelt or is that smelled? Of course the hard core drunks are easily going to get pinged. They will also smell like drunks whether they are drunk at the time or not. Same as smack heads. They have a smell as well.... and a tendency to scratch and rub themselves. Smack head smell is very chemical in nature. Like a preserving fluid. I want to say ether. I had access to a preservation fluid when I was younger, I can't recall the name but I want to say ether. Someone will correct me. Organs in a jar kind of thing. That smell.

[milehi]

These are not the droids you're looking for.

[Santa]

alcohol does have a smell. Vodka is probably the exception where its' odour is so slight you would not pick it. Just about any mixer over powers it. But whiskey and rum certainly have a smell on the breath. Beer, which is the alcohol of choice in most situations is easily smelt or is that smelled? Of course the hard core drunks are easily going to get pinged. They will also smell like drunks whether they are drunk at the time or not. Same as smack heads. They have a smell as well.... and a tendency to scratch and rub themselves. Smack head smell is very chemical in nature. Like a preserving fluid. I want to say ether. I had access to a preservation fluid when I was younger, I can't recall the name but I want to say ether. Someone will correct me. Organs in a jar kind of thing. That smell. Formaldehyde.

[Cebu_4_2]

alcohol does have a smell. Vodka is probably the exception where its' odour is so slight you would not pick it. Just about any mixer over powers it. But whiskey and rum certainly have a smell on the breath. Beer, which is the alcohol of choice in most situations is easily smelt or is that smelled? Of course the hard core drunks are easily going to get pinged. They will also smell like drunks whether they are drunk at the time or not. Same as smack heads. They have a smell as well.... and a tendency to scratch and rub themselves. Smack head smell is very chemical in nature. Like a preserving fluid. I want to say ether. I had access to a preservation fluid when I was younger, I can't recall the name but I want to say ether. Someone will correct me. Organs in a jar kind of thing. That smell.

Alcohol; Ethyl alcohol, for the sake of argument its smell is very slight, enough so that it can be claimed to be odorless in a case of DUI. If the pig wrote "The victim smalled of alcohol' case can be thrown out on that basis alone. If the pig wrote "the victim smelled of intoxicants" he has a solid claim. The claim of alcohol having a smell on it's own has no merit but if you include the additives it does have a smell. ;-)

I watched a DUI attorney put a pig on the stand, and in questioning him the pig was so uneasy he was stating uncontrollable lies where the judge had to stop the questioning,,, it was embarrassing to the judge LOL.

Was a very good defense attorney until the greed got the best of him and the desire to win was secondary.

[Hitch]

Alcohol; Ethyl alcohol, for the sake of argument its smell is very slight, enough so that it can be claimed to be odorless in a case of DUI. If the pig wrote "The victim smalled of alcohol' case can be thrown out on that basis alone. If the pig wrote "the victim smelled of intoxicants" he has a solid claim. The claim of alcohol having a smell on it's own has no merit but if you include the additives it does have a smell. ;-).

Good post. I was going to post something similar because you are correct. The cop needs to write in the report, he smelled of beer, or he smelled whisky, etc.

To smell alcohol means nothing specific and the lawyers will have a field day. The lawyer could put up a glass of rubbing alcohol, and say this is alcohol, is this what you smelled? The defendant was cleaning his fingernails, etc.

[BrewTech]

I have a bottle of hand sanitizer in my car...126 proof and quite fragrant. On a hot day it tends to leak, leaving an alcoholic beverage-type smell in my car. That's invariably what a cop is going to smell if he bothers...

Nothing illegal about that...yet.

In the land of "guilty until proven innocent", I suspect that is enough to land me in a cage overnight, regardless of reality.

[Cebu_4_2]

I have a bottle of hand sanitizer in my car...126 proof and quite fragrant. On a hot day it tends to leak, leaving an alcoholic beverage-type smell in my car. That's invariably what a cop is going to smell if he bothers...

Nothing illegal about that...yet.

In the land of "guilty until proven innocent", I suspect that is enough to land me in a cage overnight, regardless of reality.

Brand please? I don't drink and drive, haven't since I was quite young. Drove after drinking because driving with an open container is not a good thing. And even then it came with consequences resulting from asshole pigs pulling strange cars over for no real reason besides 'brake light out' 'plate came back as stolen' and other fishing expeditions. I no longer feel a thrill to drive at all unless the beer fairy ran out and my moped has ran out of gas, or doesn't have enough wheels to balance.

[milehi]

I have a bottle of hand sanitizer in my car...126 proof and quite fragrant. On a hot day it tends to leak, leaving an alcoholic beverage-type smell in my car. That's invariably what a cop is going to smell if he bothers...

Nothing illegal about that...yet.

In the land of "guilty until proven innocent", I suspect that is enough to land me in a cage overnight, regardless of reality.

A guy I work with from time to time relayed a story to me several month ago. He was pulled over and the cop was convinced he smelled booze. He even ordered up three more cars for verification and backup. The guy passed a field sobriety test, breath test, ect. But they were convinced he had been drinking wine coolers that morning. Finally, he realized that it may have been the hand sanitizer, which was tropical (wtf?), and they sent him on his way.

[BrewTech]

Brand please?

It's Target's brand Up&Up... I suspect it's made by the same entity that makes Purell...

[Glass]

A guy I work with from time to time relayed a story to me several month ago. He was pulled over and the cop was convinced he smelled booze. He even ordered up three more cars for verification and backup. The guy passed a field sobriety test, breath test, ect. But they were convinced he had been drinking wine coolers that morning. Finally, he realized that it may have been the hand sanitizer, which was tropical (wtf?), and they sent him on his way.

There is a very high level of alcohol in hand santizer so tropical hand santisier would be just like drinking malibu rum or something wouldn't it?

[BrewTech]

There is a very high level of alcohol in hand santizer so tropical hand santisier would be just like drinking malibu rum or something wouldn't it?



Like I said, the hand sanitizer I have is Ethanol: 63%

[milehi]

There is a very high level of alcohol in hand santizer so tropical hand santisier would be just like drinking malibu rum or something wouldn't it?

I'm not sure about the Malibu rum, but I have to wonder what trouble I could get myself into using Scotch as hand sanitizer.

[Cebu_4_2]

All deals are off if they make you blow into the unsanitized tube.