Home
Forums
New posts
Search forums
What's new
New posts
Latest activity
Members
Current visitors
Log in
Register
What's new
Search
Search
Search titles only
By:
New posts
Search forums
Menu
Log in
Register
Install the app
Install
Home
Forums
Brown Cafe UPS Forum
UPS Union Issues
Dont come to my state if your a drinker
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="UnderThe Radar" data-source="post: 736816" data-attributes="member: 29414"><p>In general, most state laws specify that intoxication is obtained at either .08% OR impairment to the slightest degree. There is a level of subjective interpretation involved on part of the police officer in determining intoxication.</p><p> </p><p>In other words, it is imperative that if you are pulled over for speeding 5-20 MPH over the limit, etc., that you convince the officer that not only do you drive like an idiot when you have had "1 or 2 beers", but that you drive particularly dangerously when stone cold sober. In no way is your breaking the law by speeding related to your drinking, in other words. You simply speed all the time (which you probably do anyway). This negates the law. You must make it abundantly clear that your 1 beer over dinner IS NOT related to your speeding.</p><p> </p><p>If you are over .08 and are pulled over for a simple traffic violation (not swerving, causing wrecks or driving obviously drunk), or are stopped at a DWI checkpoint, and asked if you have had anything to drink tonight, just simply say no. It is their onus to prove otherwise. It is not a crime to lie to a police officer. They are not stupid: By admitting to 1 or 2, you have probably had 6 to 10 and they know it. This lends probable cause for further testing. If you just say no they will probably move on unless you smell like a brewery.</p><p> </p><p>Plead the 5th whenever possible, always say NO to any searches or seizures, and do not ever think that these people are your friends. YES you mind if they take a look around, YES "I will comply with field testing to determine sobriety (otherwise you just earned an aggravated), but what is your probable cause?" </p><p> </p><p>The testing may continue if the officer pushes it, but if the constitution were violated at any point during the investigation all evidence can and should be thrown out on the day in court.</p><p> </p><p>It also helps to have balance problems related to the inner ear, astigmatisms, and problems "understanding english" during the testing, along with logic issues related to counting backwards, or forwards, involving some pre-existing brain injury.</p><p> </p><p>I know it sounds as though I condone such tactics. I don't. However, I don't think many people even feel it when at a .08. Is it fair to lose your job, and your whole life, when deemed "intoxicated" yet you feel perfectly fine? Not at all. This is not to say that I don't think you are statistically placing the overall public in danger by your actions, and that your actions are extremely retarded by driving drunk in the first place, regardless of perceived levels of intoxication.</p><p> </p><p>I enjoy drinking, yet I won't drive if I've had even one. It's an extremely strict rule for myself, and one that I recommend for everyone. In most states, if you are convicted in the administration hearing (not the court), whose only function is to ascertain whether the police officer had <em>probable cause</em> to suspect you of dwi, you lose your ability to drive commercially for 2 years, even though your private license is only lost for 1 year. As you know, the NMUPSA only protects loss of licence for 1 year, hence an automatic termination.</p><p> </p><p>I have 15 years with the company, and a spotless driving record. </p><p> </p><p>Would I employ my tactics if pulled over for speeding for 5 over and I had 1 or 2? Absolutely. The law is on your side if you just shut your mouth and stand up for your constitutional rights. The punishment most definately does not fit the crime by "being honest."</p></blockquote><p></p>
[QUOTE="UnderThe Radar, post: 736816, member: 29414"] In general, most state laws specify that intoxication is obtained at either .08% OR impairment to the slightest degree. There is a level of subjective interpretation involved on part of the police officer in determining intoxication. In other words, it is imperative that if you are pulled over for speeding 5-20 MPH over the limit, etc., that you convince the officer that not only do you drive like an idiot when you have had "1 or 2 beers", but that you drive particularly dangerously when stone cold sober. In no way is your breaking the law by speeding related to your drinking, in other words. You simply speed all the time (which you probably do anyway). This negates the law. You must make it abundantly clear that your 1 beer over dinner IS NOT related to your speeding. If you are over .08 and are pulled over for a simple traffic violation (not swerving, causing wrecks or driving obviously drunk), or are stopped at a DWI checkpoint, and asked if you have had anything to drink tonight, just simply say no. It is their onus to prove otherwise. It is not a crime to lie to a police officer. They are not stupid: By admitting to 1 or 2, you have probably had 6 to 10 and they know it. This lends probable cause for further testing. If you just say no they will probably move on unless you smell like a brewery. Plead the 5th whenever possible, always say NO to any searches or seizures, and do not ever think that these people are your friends. YES you mind if they take a look around, YES "I will comply with field testing to determine sobriety (otherwise you just earned an aggravated), but what is your probable cause?" The testing may continue if the officer pushes it, but if the constitution were violated at any point during the investigation all evidence can and should be thrown out on the day in court. It also helps to have balance problems related to the inner ear, astigmatisms, and problems "understanding english" during the testing, along with logic issues related to counting backwards, or forwards, involving some pre-existing brain injury. I know it sounds as though I condone such tactics. I don't. However, I don't think many people even feel it when at a .08. Is it fair to lose your job, and your whole life, when deemed "intoxicated" yet you feel perfectly fine? Not at all. This is not to say that I don't think you are statistically placing the overall public in danger by your actions, and that your actions are extremely retarded by driving drunk in the first place, regardless of perceived levels of intoxication. I enjoy drinking, yet I won't drive if I've had even one. It's an extremely strict rule for myself, and one that I recommend for everyone. In most states, if you are convicted in the administration hearing (not the court), whose only function is to ascertain whether the police officer had [I]probable cause[/I] to suspect you of dwi, you lose your ability to drive commercially for 2 years, even though your private license is only lost for 1 year. As you know, the NMUPSA only protects loss of licence for 1 year, hence an automatic termination. I have 15 years with the company, and a spotless driving record. Would I employ my tactics if pulled over for speeding for 5 over and I had 1 or 2? Absolutely. The law is on your side if you just shut your mouth and stand up for your constitutional rights. The punishment most definately does not fit the crime by "being honest." [/QUOTE]
Insert quotes…
Verification
Post reply
Home
Forums
Brown Cafe UPS Forum
UPS Union Issues
Dont come to my state if your a drinker
Top