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Roadside Sobriety test last night....( long read)

  1. #51
    Super Moderator OreoGaborio's Avatar
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    Re: Roadside Sobriety test last night....( long read)


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  2. #52
    Rider. Just a rider... DucDave's Avatar
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    Re: Roadside Sobriety test last night....( long read)

    Quote Originally Posted by RIZXVIR View Post
    So I made the 1.5 hr ride last nite to have my new tires put on the bike. went riding and went to dinner with a buddy afterwards. Had 1 16oz Blue Moon with dinnerand jumped back on the bike to head home. it was about 54deg last night here in MA/NH and I was wearing my leather (no liner) gloves helm boots and jeans. it was pretty damn chilly and the whole ride is highway. I just wanted to get home and warm up in my bed and my speed averaged between 80-95. about an hr into the ride home i blasted by 2 Staties in the median at about 90ish. Radar detector never went off... hmm

    i dropped the speed back to 75 (traffic speed) and the first cruiser, unmmarked no lights on, came up behind me and passed me on the left. Probably grabbing my plate in case i tried to run. the 2nd cruiser came up behind me and pulled me over. had my helm off by the time the officer came over and asked me if i knew why. now anyone who has ridden a rocket or any bike for an extended period of time on a cold night knows ur knees get really stiff ur nose is running and you are shivering etc.. this officer right from the start thought i was seriously messed up. he kept drilling me asking me time and again how much i had to drink where i was coming from, how long i had been on the road etc.

    So this is where he asks me to get of the bike and take the test. Upon getting off the bike i inform him that i have my knife clipped to my right pocket and he asks if he can take it and i allow him to. first up... follow the pen with you eyes. so with a runny nose shivering, stiff joints etc i follow his pen with just my eyes for ever!! literally 4-5 mins barely wanting to blink or even breathe. just trying not to shiver and send the wrong signal. once thats done he tells me that my eyes are telling him that i am blasted!! WTF!!! there is no way. asks me if i have done any drugs etc... AGAIN! i politely (in my head) explain to him that i repair and maintain medical equipment for a living and drugs are the last thing i do and he thinks im getting fresh with him... so on to walking the line 9 steps heel to toe then turn on the planted foot and then 9 steps, counting out loud, heel to toe back. now I am getting nervous and the adrenaline is flowing and im still cold. the planted foot turn was a bit shakey and unnatural feeliing but all in all that went without a hitch. Again he drills me about what i had to drink etc.

    Now on to the stand on one foot looking at the raised toe and counting out loud 1-1thousand until he says to stop. by now i am so nervous and worried that he just thinks im messed up so bad that im goin in cuffs nomatter what... my mind is racing. im thinking so much that i went ahead and started before he told me to... Im fucked i think. I reset, clear my head and start when he says go... all they way to 22-1 thousand. didnt waver didnt put my foot down. and i think this is it if he still thinks im blasted after that then he was just out to get someone.

    He pulls my license and reg outta his pocket, hands it back to me confirms with the other statie that was watching the whole time that i am clear and tells me that i am free to go and that he didnt have his radar on but if he had i would probably be getting a ticket!!

    i thank him, shake his hand and ask for my knife back. i took my time gearing back up on the bike to let my nerves settle put my signal on and got outta there. got home and went to bed just like i had wanted to.

    Had i tried to run they woulda been waiting at home and god knows what woulda happened. while writing this and thinking back had i been as messed up as he was trying to tell me i was i dont believe that i coulve put this much detail into remembering what happened. how was your thursday night? lol
    RIZXVIR - Thank you for this post. I certainly hope that you take the observations made by many in the vein in which they were extended and that you take no offense. I've read all the responses and honestly didn't see a single one that I'd consider hard ass, critical, or anything more than personel opinions on your experience.

    Fortunatly, you have Oreogroanonono to defend you and protect you from the hard asses here who have attacked you with such soft gloves.

    I liked your story and took a couple of good lessons for myself. Primairly, to be sure I have warm gear if there's a chance I'll be riding into colder weather.

    Thanks again for your story. I hope you've survived the beatings....????

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  3. #53
    Super Moderator OreoGaborio's Avatar
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    Re: Roadside Sobriety test last night....( long read)

    There are no hard asses here, Dave. Only pompous ones.


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    Last edited by OreoGaborio; 05-18-12 at 07:11 PM.
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  4. #54
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    Re: Roadside Sobriety test last night....( long read)

    I'd be shit out of luck if I ever was asked to do a field sobriety test. Sometimes when the blood sugar crashes, standing on one foot is near impossible for anything more than a few seconds.

    What are the legal ramifications of doing "the RandyO" in this situation?

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  5. #55
    Lifer obsolete's Avatar
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    Re: Roadside Sobriety test last night....( long read)

    Quote Originally Posted by TheIglu View Post
    I'd be shit out of luck if I ever was asked to do a field sobriety test. Sometimes when the blood sugar crashes, standing on one foot is near impossible for anything more than a few seconds.

    What are the legal ramifications of doing "the RandyO" in this situation?
    I don't think any, but you will get 0 leniency. Not to mention if you will not take a breathalizer with out talking to your legal counsel first that can be considered a refusal and you will take the loss of license that comes with that. He is right though about the whole "am I free to go?" "am I being arrested" "where is my attorney" when dealing with being questioned.

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  6. #56
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    Re: Roadside Sobriety test last night....( long read)

    Quote Originally Posted by TheIglu View Post
    Sometimes when the blood sugar crashes, standing on one foot is near impossible for anything more than a few seconds.
    Skinny guy problems!

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  7. #57
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    Re: Roadside Sobriety test last night....( long read)

    Quote Originally Posted by obsolete View Post
    I don't think any, but you will get 0 leniency. Not to mention if you will not take a breathalizer with out talking to your legal counsel first that can be considered a refusal and you will take the loss of license that comes with that. He is right though about the whole "am I free to go?" "am I being arrested" "where is my attorney" when dealing with being questioned.
    may be considered refusal by the LEO pulling you over but it wouldn't be considered refusal by the courts. Asking for your legal rights cannot be held against you in court, while cooperating with the LEO's can

    it's none of the LEO's business if you have a beer with your meal, or where your coming from or going or why your out so late. Either he has probable cause or he doesn't. Don't give it to him by cooperating

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  8. #58
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    Re: Roadside Sobriety test last night....( long read)

    You shook his hand,why ?

    If he gave you a ticket,would you have thanked him as well ?

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  9. #59
    Lifer gumby's Avatar
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    Re: Roadside Sobriety test last night....( long read)

    Try to put yourself in the LEO's shoes... it's his duty to determine if the driver is impaired.
    I agree wholeheartedly with you that a beer with your meal would not effect you.
    However, to me the circumstances in this particular instance, i.e. the speed, time, are all factors to consider.
    Taking a hardline, adversarial approach with the LEO won't typically work in your favor.

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  10. #60
    Equal Opportunity Asshole DroFiveOh's Avatar
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    Re: Roadside Sobriety test last night....( long read)

    Fuckin pigs

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    49 states do it one way, and Massachusetts does it their own way.

  11. #61
    Angry Gumball RandyO's Avatar
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    Re: Roadside Sobriety test last night....( long read)

    Quote Originally Posted by gumby View Post
    Taking a hardline, adversarial approach with the LEO won't typically work in your favor.
    I agree 100%, you don't need to be adversarial to assert your rights

    there is nothing adversarial about asking if you are under arrest or if you are getting a summons or not answering probable cause probing questions, if you do it politely

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    Last edited by RandyO; 05-19-12 at 05:18 PM.
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    Re: Roadside Sobriety test last night....( long read)

    Quote Originally Posted by RandyO View Post
    may be considered refusal by the LEO pulling you over but it wouldn't be considered refusal by the courts. Asking for your legal rights cannot be held against you in court, while cooperating with the LEO's can
    That depends on the state. Unreasonable delay can be considered a refusal.

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  13. #63
    Lifer PhilB's Avatar
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    Re: Roadside Sobriety test last night....( long read)

    Quote Originally Posted by RandyO View Post
    I agree 100%, you don't need to be adversarial to assert your rights

    there is nothing adversarial about asking if you are under arrest or if you are getting a summons or not answering probable cause probing questions, if you do it politely
    You don't have to be rude, and will do much better if you are polite, but I would say that you do indeed have to be adversarial. Because the officer in that situation IS your adversary. He is not your friend; he is not there to do you any favors. Asserting your rights is in itself adversarial to his position. So you need to do that carefully, and as gently as possible, but keeping in mind that you are indeed defending yourself against an adversary (whether or not you are guilty and he is in the right is a separate question -- even if you are, you don't need to help him punish you).

    PhilB

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    Angry Gumball RandyO's Avatar
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    Re: Roadside Sobriety test last night....( long read)

    It's my understanding that you have a choice of type of test, at minimum, you have the right to have your own independent blood test

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  15. #65
    Lifer 01xj's Avatar
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    Re: Roadside Sobriety test last night....( long read)

    Quote Originally Posted by RandyO View Post
    It's my understanding that you have a choice of type of test, at minimum, you have the right to have your own independent blood test
    I thought this was the case as well. I would have just asked to be taken to the station for the breath-o-meter.

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  16. #66
    Lifer SprintPoser's Avatar
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    Re: Roadside Sobriety test last night....( long read)

    Quote Originally Posted by 01xj View Post
    I thought this was the case as well. I would have just asked to be taken to the station for the breath-o-meter.
    When you do that, the cops are obligated to tow/remove your vehicle as they become responsible for it. If you do a sobriety test or breath test right there, your bike is safe unless they haul your ass off.

    Me, bike = no beer or other alcohol at all. Car = perhaps ONE, but only if I am eating a meal with it.

    I served on a month-long jury duty session some years ago. One thing I learned is that if a person admits to even one drink, and it appears to affect the way you drive, you can be arrested for operating under the influence in MA. If you then blow under an 08 you'll have an easier time defending yourself, but you may still have to do so. That's money, and lots of it. I can feel one beer. Does it make me wobbly or unsafe, no. But because I can feel it at all and know it could influence me in some small way I want no risks.

    Personal choice.

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