Choudhry, who is 5 feet 10 inches tall and weighs 230 pounds, refused to submit to a Breathalyzer test and was arrested as a result of his performance during field sobriety tests, which police characterized as "failing."

I'm the same height and have got about 20 pounds on this guy. I can walk a straight line.

/couldn't say the alphabet backwards, even when sober
//Sound fat? I AM fat.

Dear Cops,
next time, just shoot.

Thanks,
Knucklepopper

5'10" and 230 is obese??? Overweight, sure. But Obese? No...

I am the same height and weight as this guy, i can walk a straight line toe to toe. If he wasn't drunk, why not consent to the breathalyzer? I work in an Emergency department and the only people I notice refuse breathalyzer/blood alcohol level are the drunk people....just an observation...

I have 5 pounds and 1 inch on this guy and I'm so round I have to roll everywhere. This guy's a total lardass. He should definitely win this one.

but last week his attorney filed a motion with the court saying "additional information" proves his client is guilty of reckless operation.

Wow, he's so fat his own lawyer turned him in!

230 at his height is not too fat at all for tip toes, guys at the gym fatter than him walk around straight on their toes just fine... They are just going for a technicality.


Same here with the Breathalyzer, if you haven't been drinking why not just do it..

/reject it on a civil liberties notion perhaps?

specialmed: I am the same height and weight as this guy, i can walk a straight line toe to toe. If he wasn't drunk, why not consent to the breathalyzer? I work in an Emergency department and the only people I notice refuse breathalyzer/blood alcohol level are the drunk people....just an observation...

And judges and attorneys. They always refuse. Why? Because even if they lose their license for a year, that's still preferable to a DUI conviction, which you will almost certainly get if they have test results to enter into evidence.

We had a judge nearby who managed to get arrested three times in one year for DUI and the only convictions they managed to slap on him were reckless driving and driving on a suspended license.

....Stop it!

....Cut it out!

....I have a glandular problem!

/obscure?

lightwell: 230 at his height is not too fat at all for tip toes, guys at the gym fatter than him walk around straight on their toes just fine... They are just going for a technicality.


Same here with the Breathalyzer, if you haven't been drinking why not just do it..

/reject it on a civil liberties notion perhaps?

Maybe because it's none of the police's damn business what I put in my body...unless and until I cause damage to someone else's person or property.

Around here it's an automatic loss of license for one year if you refuse a breathalizer.

But that still beats the fark out of a DUI.

And 5'10, #230 is no where close to obese, even if it's all fat.

untaken_name: lightwell: 230 at his height is not too fat at all for tip toes, guys at the gym fatter than him walk around straight on their toes just fine... They are just going for a technicality.


Same here with the Breathalyzer, if you haven't been drinking why not just do it..

/reject it on a civil liberties notion perhaps?

Maybe because it's none of the police's damn business what I put in my body...unless and until I cause damage to someone else's person or property.

Uh, it is when you're driving. When you receive a license you imply consent to any and all tests which verify your ability to drive. Don't like it? Give up your license. Not willing to give up your license? Fight to have the law changed.

It's probably easier for you to baaaaw on the internet about your rights, though.

siliconsunset: Uh, it is when you're driving. When you receive a license you imply consent to any and all tests which verify your ability to drive. Don't like it? Give up your license. Not willing to give up your license? Fight to have the law changed.

It's probably easier for you to baaaaw on the internet about your rights, though.

I just drive safely and everything else seems to work itself out. But I appreciate your faux concern. I didn't say that they couldn't legally find out, I said it wasn't any of their business, which is not the same thing at all. But continue with your dismissive characterizations that stem from your inability to comprehend the posts you read.

Actually those sobriety tests and how they are administered are federally mandated by the National Highway Transportation Board. Heel to Toe and the One Leg stand are in fact contra indicated for any one more than 20 pounds over weight.

Also note that they are not definitive tests. Approximately 40% of people will fail Heel to Toe and One Leg stone sober.

The most accurate is the Horizontal Gaze test (i.e. follow the pen). It is the most difficult to train for and administer but only about 25-30% of people fail it sober.

So the moral of the story is the so called sobriety tests are not the end of the inquiry as to intoxication.

Also what is fail? I have seen officers say the person missed one number in the old count backward deal and call that a fail. Hell that is still 95% accurate, which would be an A in school.

/defense lawyer
/seriously don't drink and drive, you are an ass if you do.
/call a farking cab.

Lawyer - "my client is too grossly obese and physically deformed to walk his 230 pounds but not to control a 2,000 pound car"

Cartman (client) - " I'm not fat, I'm big-boned"

Just came for a Cartman reference but that lame-ass excuse does preoduce mild irration on my part. That is why I bicycle now instead of drive, so i. can drink large amounts of alcohol after work without guilt or being able to use obesity as an excuse.

/putting the mobile down and getting my bike moving again

untaken_name: siliconsunset: Uh, it is when you're driving. When you receive a license you imply consent to any and all tests which verify your ability to drive. Don't like it? Give up your license. Not willing to give up your license? Fight to have the law changed.

It's probably easier for you to baaaaw on the internet about your rights, though.

I just drive safely and everything else seems to work itself out. But I appreciate your faux concern. I didn't say that they couldn't legally find out, I said it wasn't any of their business, which is not the same thing at all. But continue with your dismissive characterizations that stem from your inability to comprehend the posts you read.

Driving safely is the way to go about that. Sorry I got bent out of shape, drunk driving is something that really gets to me.

Here's a question for the lawyers:
If I am licensed to drive in one state, and I am pulled over for a potential DUI in another state, what are the consequences for refusing a breathalyzer?

Farkage: 5'10" and 230 is obese??? Overweight, sure. But Obese? No...

fat moran

There IS in fact an age and weight limit on that test. There always has been.

SBinRR: Here's a question for the lawyers:
If I am licensed to drive in one state, and I am pulled over for a potential DUI in another state, what are the consequences for refusing a breathalyzer?

They kick you in the nuts.

"refused to submit to a Breathalyzer test"

WHY WOULD YOU DO THAT IF YOU'RE SOBER!?

King Something: ....Stop it!

....Cut it out!

....I have a glandular problem!

/obscure?

That'll be 60 dollars.

siliconsunset:

Driving safely is the way to go about that. Sorry I got bent out of shape, drunk driving is something that really gets to me.

It's okay, and I apologize for getting snippy, but I'm just really sick and tired of people prosecuting victimless crimes. Before you jump my shiat, please understand, if a drunk driver causes an accident, that is NOT a victimless crime. But if a guy has a beer and drives home safely, that should not be a crime, in my opinion. There's a pretty fine line between freedom and responsibility, and I believe we have to give up a measure of our feeling of security in order to preserve freedom. Note that a feeling of security is not the same as actual security.

/couldn't say the alphabet backwards, even when sober


Things I learned in college - Sobriety checkpoint practice
Acronyms to memorize just in case...

ZYXW - just gotta memorize this one
VUTS - rhymes with "squirrel nuts"
RQPO - brother of C3PO
NMLK - Nina's milk (or insert name of ex-girlfriend)
JIHG - Dance a little jig
FEDC - "I'm from the FEDS, see?"
BA - You're home free!

RockChalkH1N1: "refused to submit to a Breathalyzer test"

WHY WOULD YOU DO THAT IF YOU'RE SOBER!?

Three reasons:
one: the machine is not infallible.
two: if you feel that the police should not be able to shove crap in your mouth just because they feel like it.
three: you're a civil liberties lawyer and you need some pub.

Farkage: 5'10" and 230 is obese??? Overweight, sure. But Obese? No...

Technically, it is obese.

BMI calculator from the CDC puts the guy's BMI at 33.0.
BMI > 30.0 is considered obese

Really, I don't think it is "obese" either, but by the technical definition, it is.

/is obese too by that calculator
//thinks BMI is a crock

Farkage: 5'10" and 230 is obese??? Overweight, sure. But Obese? No...

I've got an inch and 15 pounds on this guy and play hockey three times a week. He's just a lazy biatch.

There is no way of knowing whether he is obese without knowing his body fat %..... I'm sure he isn't, but what if the dude was ripped as shiat? Muscle weighs more than fat and we can't assume much from looking at a simple height and weight.

So keeping my license depends on tests administered to me by people who failed so many tests they had to drop out and become cops? You got a great system there, Brownie.

Your Vacuous Texbook: King Something: ....Stop it!

....Cut it out!

....I have a glandular problem!

/obscure?

That'll be 60 dollars.

I'm just trying to live my life!

Nobody told me about carbs!

Farkage: 5'10" and 230 is obese??? Overweight, sure. But Obese? No...

You sound fat obese.

I learned the alphabet backwards when I was 5. Guess my mom knew I was going to be a fan of beer.

I can say it faster than I can forward.

It's a point of pride, really.
That and the fact that I can drink your mom under the table.

Farkage: 5'10" and 230 is obese??? Overweight, sure. But Obese? No...

I'm five-ten and can't imagine weighing 230. For fark's sake, that's 70 pounds more than me. OBESE!

Poppyale: I learned the alphabet backwards when I was 5. Guess my mom knew I was going to be a fan of beer.

I can say it faster than I can forward.

It's a point of pride, really.
That and the fact that I can drink your mom under the table.

Why are you under the table with my mom, and why would you attempt to drink her?

/Mom? Did you forget to take your pills again?

I'm 6'0 and 260 and I'm quite graceful for my size. This dude has no excuse.

pandabear: I'm five-ten and can't imagine weighing 230. For fark's sake, that's 70 pounds more than me. OBESE!

This just in, different people have different body types. News at 11.

Poppyale: That and the fact that I can drink your mom under the table.

Tis nothing compared to what I did to your mom under the table.

Obama's Left Nut: Actually those sobriety tests and how they are administered are federally mandated by the National Highway Transportation Board. Heel to Toe and the One Leg stand are in fact contra indicated for any one more than 20 pounds over weight.

Those tests should not be administered to anyone over 50 pounds overweight, not 20. "Obesity" is not a determinant as to whether or not the tests should be administered.

Also note that they are not definitive tests. Approximately 40% of people will fail Heel to Toe and One Leg stone sober.

The walk and turn is 79% accurate when using the objective standards and when the instructions are given properly. The one leg stand is 83% accurate.

The most accurate is the Horizontal Gaze test (i.e. follow the pen). It is the most difficult to train for and administer but only about 25-30% of people fail it sober.

Only 2% to 3% of the population will exhibit horizontal gaze nystagmus when sober. The HGN test is 88% accurate for determining a BAC over .10.

The SFST battery, when taken as a whole, is better than 90% accurate (one study showed 95% accurate, another 93%)at determining intoxication when using a BAC of .10 as the determining criteria.

So the moral of the story is the so called sobriety tests are not the end of the inquiry as to intoxication.

No, but they're far more accurate than what the cops used previously.

Also what is fail? I have seen officers say the person missed one number in the old count backward deal and call that a fail. Hell that is still 95% accurate, which would be an A in school.

That's a subjective test. The SFSTs (Standardized Field Sobriety Tests) have been tested and assigned onjective criteria.

Sobriety tests are just one thing an officer considers when making the decision to arrest. They should be looking at the "Totality of the circumstances," which includes driving behavior, reaction to the police lights, behavior when first contacted, statements, etc.

/defense lawyer
/seriously don't drink and drive, you are an ass if you do.
/call a farking cab.

/SFST instructor.
//we agree that you shouldn't drink and drive.

It would be more amusing if you could see my IP address. It would appear that I'm in Jay, Maine. That's quite a ways from my house. I'm on someone's couch right now. I've been awake for a couple of hours.

The missus is on a chair. Both of our vehicles are outside. She doesn't drink and I am not sure how I got here. I don't dare wake her up. I wasn't entirely sure what day it was until I looked. I'm glad I was right.

I am not sure who's house I'm at but it appears to be an apartment complex. It's cold but I checked - it is Jay Elderly Apartments. At least I'm wearing clothing but I'm not entirely sure who's house I'm at. They must like me because my little netbook thingy authenticates with their wireless.

It's -19f with windchill according to weather.com. I don't understand their coffee maker contraption. It might be a monster. So... More beer for breakfast. It is either that or I try to find Rt. 133 (I think I can now - checked the mighty Google maps).

Actually I have no idea who owns the place I'm at. There are just two of us in the living room. They have a loud clock but that's besides the point I think. The missus is sleeping in a chair (it's a recliner thingy I suppose). I have no idea why she is here, when she came, or how she found me.

I sort of wish I was kidding or making this up. I don't really want to wake up the missus. There are a few roaches sitting on a step stool thingy that seems to be a faux coffee table so I'm guessing she wasn't *too* unhappy with coming here. I still don't want to wake her up.

I had a point, a good idea really, I think. It was on topic. I forgot it.

Hmm... I think it had to do with Maine's OUI laws. I think if we refuse a test we're considered guilty by default. They have a big sign on the interstate telling me they have tough drunk driving laws. Now they have one too to remind me that wearing a seat belt is the law.

Yeah. I think that was about it really. Mostly that it was cold and Maine has some tough drunk driving laws. You can get an OUI on a bicycle here.

I don't want to wake anyone up. I'm thinking that my backpack is low on beer and I should take off towards home without waking anyone up (and getting more beer on the way). When the missus gets home I'll scream and yell asking her where she has been all night. I doubt she'll fall for it but it's good weed and there are a few roaches on the stand thingy.

I really sort of wish I was kidding. I think rehab is in order but, really, I'm just grateful to be retired and lucky enough to be in this position. I am also wearing nice socks but I just noticed that. (Took a break in typing this to smoke a roach.)

Checked Google again. Umm.... It's a long drive home too. I wish we had magical cabs that would take us home. My cell phone (I really should not be allowed one nor should I look at it) insists that I sent a text asking someone if I could buy their goat and send it to mate with my goat in Algeria. Once again I sort of wish I was kidding.

The alarm on the missus' cell phone is going off. It was on vibrate. I'm thinking now is a good time to sneak out. I should throw in a bit about a dinosaur so people think my post is a work of fiction. There don't appear to be any dinosaurs though.

I've never had an OUI. I'm not sure how I've been this lucky. I turn 55 soon (just about two weeks from now) and I've been wasted too many times to count. I've driven a lot and I'm having difficulty thinking of any time in recent memory that I've driven sober.

You shouldn't drive drunk. If you do and I do and we crash into each other then we're both going to go to jail and it will both hurt and suck. It is also cold out there. Pizza Pringles kind of suck. They too are on the stand but not like a defendant. They're mostly just sitting there tempting me but they suck. I keep eating them. I don't think there's any potato in them.

Maine has both potatoes and drunk driving laws. They even have laws for the potato but that's not important. During potato harvesting season (I understand - don't live up there and was not privy to schooling in that area of the world) they get a couple of weeks off from school to help with the harvest.

I should install MapPoint on this. That's just a note for me later though - you should ignore it. Hell, you should ignore the entire post.

Anyhow... If you're that fat that you can't walk in a straight line you probably should not drive at all. I don't think I'm one to throw stones though. Glass houses and all that. Oh! Ha! I remember logging into KoL (don't normally do that) and it is Crimbo!

Err... I think I might know where I am but how I found "here" is beyond me. I'm still not sure how I got here. I also seem to have acquired a Ford Flex with New Hampshire plates. At the very least I have the keys. I really think I should leave without waking anyone up. I have morphine sulfates with me. There are crushed up hydrocodone (says so on the near empty bottle and "tastes" like it) on the table. Heh... Must have been a good one.

You know that lampshade pic - is it that or a bikini? They have two lights just like those but different colors. It's a rather surrealistic experience. (Firefox spelled surrealistic for me, I'm not that smart. Thank you Mr. Firefox.)

So... I guess, that's about all the ideas I have at this moment. I'm thinking I have a couple of choices here.

I can call the cops - not drive - and ask if there are any warrants or anything. I don't want to talk to them though. I appear to be in good health and am feeling quite nice so I don't think I did anything too stupid but the car is a rental AND my vehicle is here as well as the missus' car. There is also a car with Nevada plates but I don't think that has anything to do with me.

I can wait and drink myself silly again. It is kind of early for that but this is the season and it isn't as if I have anything better planned for today. If you're a retired Farker there's not much to do in the winter when you're in Maine unless you want to freeze to death. Or at least right now there isn't. I'm pretty sure I am not allowed to do anything that is available. I should go ski but that's gonna result in a hospital bill.

I can sneak out. I can leave right now and no matter what anyone says I can just deny that I was even here. I might be able to work a dinosaur into that one to distract them. It is now almost 9:00 in the morning and nobody is awake. I should figure out how to make dinosaur tracks in the snow but it is way too cold for that. For some reason I'm drinking Molson XXX. It's a rather giant can. It says it is 25.4 fluid ounces. I'm pretty sure that's why I made this person's bathroom stink so much a while ago. It was a good one...

I have no other ideas except to sit here, drink quietly, and poke buttons while I wait until people wake up. If I drive I'll admit being drunk and see how high I can get on the BAC test if I am caught. I might as well go for a high score.

I'm not sure if I should attack the prince and turn to page 17 or look for a way to sneak into the castle and turn to page 192. I'm thinking I should delete the above and just see if I can break all social rules/contracts and pass out before noon. Screw it. I'm hitting the add comment button.

specialmed: I work in an Emergency department and the only people I notice refuse breathalyzer/blood alcohol level are the drunk people....just an observation...

This smells of "if you have nothing to hide..."

Anyways, what is the disposition towards people who say "the breathylzer AND field sobriety test are both bullshiat, give me a blood test".

I've never driven while drunk and never intend to, but everytime I get pulled over (license plate light out once and inspection overdue the other) its usually farking freezing out and my nerves get the better of me.

RockChalkH1N1: WHY WOULD YOU DO THAT IF YOU'RE SOBER!?

I've found that most refusals are from problem drinkers who have convinced themselves that they don't have a problem. They can rationalize their arrest in many ways (stupid cop, crooked system, etc.), but they can't rationalize an objective test of their blood alcohol level.

Some think that without a test they can beat the charges, but that always backfires. In Colorado a refusal can be presented as evidence in a trial. Juries always ask "WHY WOULD YOU DO THAT IF YOU'RE SOBER!?" Some of the easiest convictions I've ever seen were refusal cases.

specialmed: I am the same height and weight as this guy, i can walk a straight line toe to toe. If he wasn't drunk, why not consent to the breathalyzer? I work in an Emergency department and the only people I notice refuse breathalyzer/blood alcohol level are the drunk people....just an observation...

And only guilty people run, and only criminals have something to hide from random wire-taps, and tazers never killed anyone...

Jesus, grow a pair and stand up for your rights before you lose them permanently, would ya?

SBinRR: Poppyale: That and the fact that I can drink your mom under the table.

Tis nothing compared to what I did to your mom under the table.

She liked it.

jack21221: This just in, different people have different body types.

There's just no way 5-10 and 230 is healthy. Either you're living on raw eggs, protein shakes and steroids and lifting weights three hours a day, or you're living on twinkies and fritos and lifting TV remotes eight hours a day. More likely the latter, or this guy wouldn't have been driving this time of year, he'd be on an NFL charter plane.

UnspokenVoice: It would be more amusing if you could see my IP address. It would appear that I'm in Jay, Maine. That's quite a ways from my house. I'm on someone's couch right now. I've been awake for a couple of hours.

The missus is on a chair. Both of our vehicles are outside. She doesn't drink and I am not sure how I got here. I don't dare wake her up. I wasn't entirely sure what day it was until I looked. I'm glad I was right.

I am not sure who's house I'm at but it appears to be an apartment complex. It's cold but I checked - it is Jay Elderly Apartments. At least I'm wearing clothing but I'm not entirely sure who's house I'm at. They must like me because my little netbook thingy authenticates with their wireless.

It's -19f with windchill according to weather.com. I don't understand their coffee maker contraption. It might be a monster. So... More beer for breakfast. It is either that or I try to find Rt. 133 (I think I can now - checked the mighty Google maps).

Actually I have no idea who owns the place I'm at. There are just two of us in the living room. They have a loud clock but that's besides the point I think. The missus is sleeping in a chair (it's a recliner thingy I suppose). I have no idea why she is here, when she came, or how she found me.

I sort of wish I was kidding or making this up. I don't really want to wake up the missus. There are a few roaches sitting on a step stool thingy that seems to be a faux coffee table so I'm guessing she wasn't *too* unhappy with coming here. I still don't want to wake her up.

I had a point, a good idea really, I think. It was on topic. I forgot it.

Hmm... I think it had to do with Maine's OUI laws. I think if we refuse a test we're considered guilty by default. They have a big sign on the interstate telling me they have tough drunk driving laws. Now they have one too to remind me that wearing a seat belt is the law.

Yeah. I think that was about it really. Mostly that it was cold and Maine has some tough drunk driving laws. You can get an OUI on a bicycle here.

I don't want to wake anyone up. I'm thinking that my backpack is low on beer and I should take off towards home without waking anyone up (and getting more beer on the way). When the missus gets home I'll scream and yell asking her where she has been all night. I doubt she'll fall for it but it's good weed and there are a few roaches on the stand thingy.

I really sort of wish I was kidding. I think rehab is in order but, really, I'm just grateful to be retired and lucky enough to be in this position. I am also wearing nice socks but I just noticed that. (Took a break in typing this to smoke a roach.)

Checked Google again. Umm.... It's a long drive home too. I wish we had magical cabs that would take us home. My cell phone (I really should not be allowed one nor should I look at it) insists that I sent a text asking someone if I could buy their goat and send it to mate with my goat in Algeria. Once again I sort of wish I was kidding.

The alarm on the missus' cell phone is going off. It was on vibrate. I'm thinking now is a good time to sneak out. I should throw in a bit about a dinosaur so people think my post is a work of fiction. There don't appear to be any dinosaurs though.

I've never had an OUI. I'm not sure how I've been this lucky. I turn 55 soon (just about two weeks from now) and I've been wasted too many times to count. I've driven a lot and I'm having difficulty thinking of any time in recent memory that I've driven sober.

You shouldn't drive drunk. If you do and I do and we crash into each other then we're both going to go to jail and it will both hurt and suck. It is also cold out there. Pizza Pringles kind of suck. They too are on the stand but not like a defendant. They're mostly just sitting there tempting me but they suck. I keep eating them. I don't think there's any potato in them.

Maine has both potatoes and drunk driving laws. They even have laws for the potato but that's not important. During potato harvesting season (I understand - don't live up there and was not privy to schooling in that ar ...
TLDR


/oh snap biatch

Farkage: 5'10" and 230 is obese??? Overweight, sure. But Obese? No...

I agree...this is ludicrous. Must be a great lawyer or a stupid judge.

RockChalkH1N1: "refused to submit to a Breathalyzer test"

WHY WOULD YOU DO THAT IF YOU'RE SOBER!?

Those things are notoriously unreliable. You think this was a case of some engineer with good intentions made an invention for a lab, found out another practical use for it, put it through years of rigorous testing and some well-meaning governments decided to utilize them? The answer to that rhetorical question is, "BWAHAHAHAHAHA!!" What the fark do you think is the deal with red-light cameras?

The damn thing was invented for money and bought to bust people. The breathalyzer has been shown to give horrendously high false positive readings; I don't drink and I'd be worried it'd bust me if I was ever subjected to that test. Even if it was a halfway decent device, it's downright terrifying that its fallibility just isn't questioned in court.

Of course, I've never been pulled over for DUI because I'm capable of driving in a straight line.

DirtyHarry: TLDR


/oh snap biatch

I'm still not sure why I hit add comment. It seemed the thing to do at the time. I heard someone cough in the other room though. I'm thinking it is time to storm the castle. (And donate money to Mozilla for their spell check - it makes me happy.)

I'm fat. I weigh 220 and I'm 5'7". I can walk in a straight line and I can do that damn turn.