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Dui Checkpoints

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Overtime does not get put towards pension.. You pension is based off base salary which would be calculated at what your would make according to the specified work schedule.. Again overtime is not included towards pension.. As for the guy using a flag to direct traffic.. It was determined that for insurance purposes and safety purposes that an officer must be on scene.. That is just the way it is.. And yes.. as stated DWI details are paid with grant money from various state/federal departments... Yes taxpayer money.. I didnt say it wasnt essentially taxpayer money.. However its not the pd/city that is paying.. It is given from the federal/state level and only given to pay for officers to specifically target DWI/DUI offenders..

Well i don't know where the miscommunication lays but i know quite a few retired LEO's who have discussed how overtime worked its way into their pension.

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  • I think it is a violation of the 4th amendment. Absent probable cause, no one should be detained by the police and asked for their papers.

  • Not against cracking down on drunk driving. Against having my rights violated.

  • This is in lieu of "paper's please".   It's none of their business. The state has no right to know and despite the fact that they've been getting away with asking this question for decades, it's s

But now you are going to regulate how companies spend their money.. So how about I dont feel that the Sprint store around the corner should have 5 employees working.. Does that mean they should fire 3 of the employees since everytime I walk in 3 out of 5 and just sitting there and talking amongst themselves? After all their pay checks are coming out of my pocket..

Im not saying to regulate the way companies spend there money, after all they are being forced to hire the LEO's, a municipality could easily make a company hire the LEO's more then required if at all..or else the road work is not sanctioned.

 

Dont get me wrong, my town... for instance, rarely has cops sitting around watching traffic. However, the town right next door will always have one present no matter how small a job takes place on the road way, and there is always at least two of them even if just 10feet of the road is blocked. I can see it plain as day that it is a municipality issue... otherwise there would always be one present which is not the case. I can clearly see some towns abuse this.

But now you are going to regulate how companies spend their money.. So how about I dont feel that the Sprint store around the corner should have 5 employees working.. Does that mean they should fire 3 of the employees since everytime I walk in 3 out of 5 and just sitting there and talking amongst themselves? After all their pay checks are coming out of my pocket..

 

The Sprint store doesn't threaten to evict you from your home if you don't buy a phone there. If I don't pay taxes, those three officers will show up at my door and forcefully remove me from my home and the town will leave me destitute.

 

So any officer can just say, hey, I need you to take a breathalyzer, and if you don't you are going to jail for DUI, absent reasonable suspicion or probable cause, at these checkpoints? Well there is a word for that. Illegal.

 

First of all an Officer simply can't say "take the breathalyzer or you are going to jail".. With the exception of PBT's a person CANNOT be put on the alcotest machine without first being arrested for DWI/DUI... When you got your license you found that with this privilege you must submit to the alcotest if arrested for DWI.. You can refuse but in essence you are pleading guilty.. So its not a matter of "take the test or you go to jail".. You are being arrested and then asked if you want to take the alcotest.. Which you are stupid if you dont take it.. Again while you personally might feel checkpoints are a violation it has been ruled in the courts that they are not and are acceptable..

The Sprint store doesn't threaten to evict you from your home if you don't buy a phone there. If I don't pay taxes, those three officers will show up at my door and forcefully remove me from my home and the town will leave me destitute.

 

Really.. I am not even going to get into this.. Went from DUI/DWI to complaint of taxes...

First of all an Officer simply can't say "take the breathalyzer or you are going to jail".. With the exception of PBT's a person CANNOT be put on the alcotest machine without first being arrested for DWI/DUI... When you got your license you found that with this privilege you must submit to the alcotest if arrested for DWI.. You can refuse but in essence you are pleading guilty.. So its not a matter of "take the test or you go to jail".. You are being arrested and then asked if you want to take the alcotest.. Which you are stupid if you dont take it.. Again while you personally might feel checkpoints are a violation it has been ruled in the courts that they are not and are acceptable..

 

Been ruled by the courts...and they always get those things right? It's a simple violation of my rights if you ask me...you're assuming people are guilty and forcing them to prove they're innocent. As far as a random sample I've seen them count out every few cars but they always seem to stop all the ones with younger drivers in them.

Really.. I am not even going to get into this.. Went from DUI/DWI to complaint of taxes...

 

You were the one who brought up the sprint store as equivalent to 3 deputies doing road duty. The point is, there is no equivalency.

You were the one who brought up the sprint store as equivalent to 3 deputies doing road duty. The point is, there is no equivalency.

 

And he was the one saying that you cant compare a police officers job to anyone else! he may have indirectly proved his point...lol

 

Let's just forget the whole money argument for now, the dui/dwi convo is more interesting anyway.

First of all an Officer simply can't say "take the breathalyzer or you are going to jail".. With the exception of PBT's a person CANNOT be put on the alcotest machine without first being arrested for DWI/DUI... When you got your license you found that with this privilege you must submit to the alcotest if arrested for DWI.. You can refuse but in essence you are pleading guilty.. So its not a matter of "take the test or you go to jail".. You are being arrested and then asked if you want to take the alcotest.. Which you are stupid if you dont take it.. Again while you personally might feel checkpoints are a violation it has been ruled in the courts that they are not and are acceptable..

 

Fair enough. I guess I misinterpreted your post.

 

As for checkpoints, courts have ruled they are ONLY legal IF they consist of a brief stop for the SOLE purpose of checking for drunk drivers (when it comes to DUI checkpoints) or immigration status (when it comes to immigration checkpoints). If I am not mistaken (I might be), there also has to be some prior notification, via either posted signs before the checkpoint or an announcement in the newspaper.

 

So yes, DUI checkpoints CAN be legal, if operated properly. As soon as you start looking for things other than DUI, they become illegal. And the courts have also shown that to be true.

Well i don't know where the miscommunication lays but i know quite a few retired LEO's who have discussed how overtime worked its way into their pension.

then they arent LEO's in the NJ Police and Fire Pension System..NYPD and PAPD factor overtime into pensions, NJ PFRS Does Not do so..or they're jsut messing with you to piss you off

You are arrested for Driving Impaired based on my Observations. your actual BAC is immaterial to your impairment. I;ve seen people who, unless you did SFST's looked pretty straight at a High .2+ BAC, and others who were utterly DEMOLISHED at that .02 that you were talking about. The .08 limit is the court's reference level that says the Majority of people who's BAC is at that level are too impaired to safely operate a vehicle. Yes there are people who can drive perfectly at a .08, and there are some who can't drive after ONE drink. i don't NEED the Alcotest (or brethalyzer before that) results to get a conviction. I need to be able to articulate my Probable Cause for making the arrest based on my observations, coupled with my Education, Training, and Experience. or let's take Narcotics..It takes WEEKS to get back the lab results from Blood or Urine..yet they are still charged before those results are in hand.

 

So if .08 is merely a reference level for a majority of people why can't someone who passes the field sobriety tests be sent on his/her merry way without taking a breathalyzer test?

 

"Okay you passed with flying colors,you're not visibly intoxicated, and your motor skills are better than 1/2 of Florida's decrepit driving population. Just breathe into here and... GOTCHA MUTHA*****!!!" It just doesn't make sense.

 

So what if I drive through the cones? I'm supposed to be able to legally avoid checkpoints aren't I? Sitting in line for a checkpoint is an unreasonable detention. If I'm stone-sober (if I'm not I have a designated driver) and have a number 2 emergency and there is a significant delay waiting for a friggin DUI checkpoint you'd better believe I'm running the stupid cones over.

 

Someone mentioned tailing drunks and not being able to call the cops. Just run into him/her. It's automatically their fault if he/she is drunk. Might as well P.I.T. the person while you're at it. ;)

So if .08 is merely a reference level for a majority of people why can't someone who passes the field sobriety tests be sent on his/her merry way without taking a breathalyzer test?

 

"Okay you passed with flying colors,you're not visibly intoxicated, and your motor skills are better than 1/2 of Florida's decrepit driving population. Just breathe into here and... GOTCHA MUTHA*****!!!" It just doesn't make sense.

 

So what if I drive through the cones? I'm supposed to be able to legally avoid checkpoints aren't I? Sitting in line for a checkpoint is an unreasonable detention. If I'm stone-sober (if I'm not I have a designated driver) and have a number 2 emergency and there is a significant delay waiting for a friggin DUI checkpoint you'd better believe I'm running the stupid cones over.

 

Someone mentioned tailing drunks and not being able to call the cops. Just run into him/her. It's automatically their fault if he/she is drunk. Might as well P.I.T. the person while you're at it. ;)

I have never, nor has anyone i;ve worked with Arrested someone who did NOT fail the FST's.. And on that note. I'm frigging done here.

I have never, nor has anyone i;ve worked with Arrested someone who did NOT fail the FST's.. And on that note. I'm frigging done here.

 

Amen to that.. As stated if you pass the field sobriety tests "with flying colors" then you will probably be sent on your merry way.. As Kpdpipes stated.. With the exception of underage drinkers, I have yet to lock someone up who didnt fail field sobriety tests..

Everyone has made their points and explained their position. Personally I'm still upset about all the anti-LEO people on this forum but whatever. This thread is done.

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