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(Philly.com)   If you decide to file false charges against an innocent driver, make sure you erase your dashboard video of the encounter   (philly.com ) divider line
    More: Followup, New Jersey, bus drivers, monkeys, traffic stops, official misconduct, Democrat Party  
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15839 clicks; posted to Main » on 20 Oct 2012 at 5:19 PM (3 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-10-20 04:11:26 PM  
Wow, that cop sounds like a real gem.
 
2012-10-20 04:48:58 PM  
Comments are, as usual, comedy gold.
 
2012-10-20 05:01:49 PM  
The officer's past was one reason Moriarty said he declined to submit to the Breathalyzer

So, I don't get this part. Doesn't taking the breathalyzer make it harder for this guy to lie, since he's standing right there holding a smoking gun that says you're not drunk?
 
2012-10-20 05:20:09 PM  
But but but, he was just doin his jerb.
 
2012-10-20 05:25:19 PM  
Welcome to Federal prison officer, enjoy your stay.
 
2012-10-20 05:27:25 PM  
The one time the cops don't erase the dashcam videotape.....
 
2012-10-20 05:29:03 PM  
Police agencies lobbied for dashcams for years, but now they always seem to be the first thing that go when faced with budget cuts. I think the farkers should have them mounted on their persons.
 
2012-10-20 05:29:07 PM  

serial_crusher: The officer's past was one reason Moriarty said he declined to submit to the Breathalyzer

So, I don't get this part. Doesn't taking the breathalyzer make it harder for this guy to lie, since he's standing right there holding a smoking gun that says you're not drunk?


Do breathalizers record their results in some secure tamper proof manner? Or are the results only visible to the officer, who could lie about the reading?
 
2012-10-20 05:29:29 PM  
Cops lie? As someone who works in a public defenders office I am shocked to find this out.
 
2012-10-20 05:31:26 PM  

MFAWG: Police agencies lobbied for dashcams for years, but now they always seem to be the first thing that go when faced with budget cuts. I think the farkers should have them mounted on their persons.


Aren't some states passing laws to make it illegal to record police at work, to prevent exactly this sort of thing from being recorded?
 
2012-10-20 05:31:30 PM  
Surprised that cops lying is still considered newsworthy.
 
2012-10-20 05:31:48 PM  

serial_crusher: So, I don't get this part. Doesn't taking the breathalyzer make it harder for this guy to lie, since he's standing right there holding a smoking gun that says you're not drunk?


You're very trusting. I like that.

/ A cop who is willing to commit perjury is almost certainly also willing to tamper with evidence.
 
2012-10-20 05:31:57 PM  

Ivandrago: Cops lie? As someone who works in a public defenders office I am shocked to find this out.


Next you're going to tell me that women poop.
 
2012-10-20 05:32:37 PM  

serial_crusher: The officer's past was one reason Moriarty said he declined to submit to the Breathalyzer

So, I don't get this part. Doesn't taking the breathalyzer make it harder for this guy to lie, since he's standing right there holding a smoking gun that says you're not drunk?


"Let's see... dial it in on the ol' lie detector here... what do you like on the hot dog... ketchup... BZZZZT. Sorry Jenny Tam. That's a big N-O to the 10-2-40. Says here you like mustard. Why are you lying to me, Jenny Tam?"

If you know, KNOW, you're getting your dick yanked around by a specific officer, why would you have any reason to deal with him compared to dealing with someone else? He knows he's taking the test either way. Why have the guy you know is jerking you administer it?
 
2012-10-20 05:33:48 PM  
So, the cop got fired for being a racist fark, then got his job back (and back pay) by arguing that other cops had been racist farks in the past without being fired. Really?

/once again, the 95% that are dirty make it look bad for the 5% who are clean
 
2012-10-20 05:36:10 PM  
Cops like this who stupidly go after people who already have a soapbox make it harder for the cops who only target the little people. We should be thankful for cops who stupidly overreach; they can only help roll back authoritarianism.
 
2012-10-20 05:39:28 PM  
In Nevada, you have the choice of a breathalyzer or blood test. The breathalyzer is instant and the blood test takes up to a month for the DA to get tested and back. Does NJ not have the option of a blood test by the state?
 
2012-10-20 05:39:51 PM  

serial_crusher: The officer's past was one reason Moriarty said he declined to submit to the Breathalyzer

So, I don't get this part. Doesn't taking the breathalyzer make it harder for this guy to lie, since he's standing right there holding a smoking gun that says you're not drunk?


Breathalyzers are notoriously inaccurate. Poor code and improper calibrations have been widely documented. The guy had nothing to gain by allowing the officer to collect potentially flawed evidence. If he truly believed he was being set up, it would make sense to demand a blood test, completely removing the dirty cop from the testing procedure. For all he knew the cop had a loaded mouthpiece ready to unload a blast of booze into the device.
 
2012-10-20 05:43:08 PM  
Cop once lied about me speeding to give me a ticket.
Fought it with a lawyer, and he requested dashboard cam records, speed gun logs, etc.

All charges dropped once the evidence was "missing" or damaged. But I'm sure nothing happened to that cop. When I asked my lawyer about bringing charges he literally laughed.

/I know leos, isolated incident, I know.
 
2012-10-20 05:43:36 PM  
When dealing with a crooked cop, make his job really hard and make him take you to the jailhouse, where hopefully there are some law abiding officers in the station that can see you are the innocent victim. Maybe protect you too.

/Or no ones there and he shoots you dead for for trying to take his gun and the video cameras mysteriously failed just before your murder.
//Happens far too often.
 
2012-10-20 05:44:06 PM  
And CruiserTwelve will defend the officer in 5.... 4.... 3....
 
2012-10-20 05:44:07 PM  
All the more reason we need penalties on corruption within law enforcement to be three times as severe as those against the common folk.

Right wingers, if you're so concerned about the government having too much power, why the hell aren't you whining about this stuff instead of OMG CONTRACEPTION!
 
2012-10-20 05:44:08 PM  

jaflasvegas: In Nevada, you have the choice of a breathalyzer or blood test. The breathalyzer is instant and the blood test takes up to a month for the DA to get tested and back. Does NJ not have the option of a blood test by the state?


In Alabama, the breathalyzer results are not admissible in court. So if you blow and the cop says you registered .081 (even though you haven't had anything to drink) you are guilty and there is no way to challenge the results. Whereas a blood test is admissible and can be challenged. I tell everyone to opt for the blood test if you can bail yourself out, if you know you are legal to drive
 
2012-10-20 05:45:50 PM  

The Evil That Lies In The Hearts Of Men: serial_crusher: The officer's past was one reason Moriarty said he declined to submit to the Breathalyzer

So, I don't get this part. Doesn't taking the breathalyzer make it harder for this guy to lie, since he's standing right there holding a smoking gun that says you're not drunk?

Do breathalizers record their results in some secure tamper proof manner? Or are the results only visible to the officer, who could lie about the reading?


The ones they use during stops record nothing, but they also aren't admissible in court. That's why when they get you to the station they give you a much more accurate breath test.

/Had a DUI when I was 16
 
2012-10-20 05:45:59 PM  

jtown:
Breathalyzers are notoriously inaccurate. Poor code and improper calibrations have been widely documented. The guy had nothing to gain by allowing the officer to collect potentially flawed evidence. If he truly believed he was being set up, it would make sense to demand a blood test, completely removing the dirty cop from the testing procedure. For all he knew the cop had a loaded mouthpiece ready to unload a blast of booze into the device.


In an increasing number of states, the cop gets to draw the blood himself, in the field.

No opportunity for hepatitis or evidence tampering there, is there?
 
2012-10-20 05:48:27 PM  
Heroes, every damn one of them.
 
2012-10-20 05:48:30 PM  
By the way, breathalysers were meant as a roadside screening device and never intended for court admissible evidence.

/the only accurate unit is back at the station in a climate controlled room, unless its Florida and to calibrate it they drilled a hole to release some breath pressure.
//breathalysers that do not have an actual number for the display and just rely on lights is also not 100% admissible, but the officer will lie his ass off to make it admissible(perp had slurred speech and stinky of drinky).
 
2012-10-20 05:51:29 PM  
I'll just hammer this bit home since people repeatedly have trouble understanding this in cop related stories on fark:

'The officer was fired in September 2009 on charges of lying... DiBuonaventura successfully appealed the action... He was reinstated last year with back pay.'

Once you have a police union involved, 'firing' does not actually mean firing. It's leave without pay, and if you beat a single one of your years long multiple appeals you're back on the job with all back pay. It's quite possible he'll survive this one too.
 
2012-10-20 05:51:36 PM  

fnordfocus: jtown:
Breathalyzers are notoriously inaccurate.
In an increasing number of states, the cop gets to draw the blood himself, in the field.

No opportunity for hepatitis or evidence tampering there, is there?


That would actually violate many heath codes to do with bio hazards and the health and well being of the victim perp
 
2012-10-20 05:53:47 PM  

senorbdub: jaflasvegas: In Nevada, you have the choice of a breathalyzer or blood test. The breathalyzer is instant and the blood test takes up to a month for the DA to get tested and back. Does NJ not have the option of a blood test by the state?

In Alabama, the breathalyzer results are not admissible in court. So if you blow and the cop says you registered .081 (even though you haven't had anything to drink) you are guilty and there is no way to challenge the results. Whereas a blood test is admissible and can be challenged. I tell everyone to opt for the blood test if you can bail yourself out, if you know you are legal to drive


I know in Nevada when a cop suspects DD, they have the 3 field sobriety tests and the in car breathalyzer to judge from. If you fail 2 of those, they have probable cause to arrest you. The hand held breathalyzer is inadmissible in court here so once they get you to jail, they give you the choice of either breath or blood. Most people dont know that taking the breathalyzer is instantaneous and dont know that if the take the blood, they can bail themselves out and wait down at the impound yard for their car. Once you fail your breathalyzer, your license is suspended by the DMV and you have to go to a hearing to get a temporary until your court date. With blood, your license is good until the results come back.
 
2012-10-20 05:53:52 PM  

sheep snorter: fnordfocus: jtown:
Breathalyzers are notoriously inaccurate.
In an increasing number of states, the cop gets to draw the blood himself, in the field.

No opportunity for hepatitis or evidence tampering there, is there?

That would actually violate many heath codes to do with bio hazards and the health and well being of the victim perp


Doesn't change the fact that it's true.

Government employees are not generally bound by health codes, and they send the Officer to a two-day abbreviated blood tech class.
 
2012-10-20 05:54:08 PM  

jtown: Breathalyzers are notoriously inaccurate. Poor code and improper calibrations have been widely documented. The guy had nothing to gain by allowing the officer to collect potentially flawed evidence. If he truly believed he was being set up, it would make sense to demand a blood test, completely removing the dirty cop from the testing procedure. For all he knew the cop had a loaded mouthpiece ready to unload a blast of booze into the device.


Refusing to take a roadside PBT in michigan is only a $150 fine. Officers lie and tell people they'll lose their license and most people believe it.
http://www.michigan.gov/sos/0,4670,7-127-1627_8665-24488--,00.html
 
2012-10-20 05:54:29 PM  
And if this cop belongs to a union, I bet the union will back up the cop no matter what. The only time I've ever read a story where a police union doesn't back up a cop is if the charges are embarrassing for the police media-wise, like child molestation charges.
 
2012-10-20 05:56:46 PM  

jaflasvegas: Most people dont know that taking the breathalyzer is instantaneous and dont know that if the take the blood, they can bail themselves out and wait down at the impound yard for their car. Once you fail your breathalyzer, your license is suspended by the DMV and you have to go to a hearing to get a temporary until your court date. With blood, your license is good until the results come back.


Are you saying that if you fail the breathalyzer, you can't post bail until you're arraigned? What if you take it and pass?
 
2012-10-20 06:07:47 PM  

fnordfocus: sheep snorter: fnordfocus: jtown:

Doesn't change the fact that it's true.

Government employees are not generally bound by health codes, and they send the Officer to a two-day abbreviated blood tech class.


Wow... Anyone tries to sample me and it has to be done at a hygenic facility where I know the product is sterile and done by someone who is not going to jab straight trough my vein for fun.

Notice some hand held breathalysers come out of a cops pocket(inner or outer) with the tip already on. Thats definitely not sterile. Some machines are set to activate for each test by the tip being inserted into the machine from its sterile package. the machines also have a certain amount of years life expectancy which is documented somewhere.
Acid reflux can cause a false positive. Convicted based on what you ate or occasionally residue in your mouth skewing the result

/Reminds me of a Farkers story about china(Hong Kong) and the cops sit at red lights and have as many people blow into the same tip on a breathalyser before the green light. He refused of course and got pulled to the side I think it was.
 
2012-10-20 06:09:36 PM  

fnordfocus: jaflasvegas: Most people dont know that taking the breathalyzer is instantaneous and dont know that if the take the blood, they can bail themselves out and wait down at the impound yard for their car. Once you fail your breathalyzer, your license is suspended by the DMV and you have to go to a hearing to get a temporary until your court date. With blood, your license is good until the results come back.

Are you saying that if you fail the breathalyzer, you can't post bail until you're arraigned? What if you take it and pass?


If you take it and pass, they have to release you on the spot. There's not enough evidence to hold you. If you get picked up on a Friday night in Vegas for DD and submit to a breathalyzer and fail, you are most likely waiting for Monday morning before you are released. If its on a weekday, you will probably be released after you post bail and they feel you have sobered up (call made by a nurse and not a corrections officer). With blood, you will probably be released on the same schedule except for the weekend hold but you can go grab your car and drive home from the impound lot and keep your license for about a month.
 
2012-10-20 06:15:40 PM  

doyner: All the more reason we need penalties on corruption within law enforcement to be three times as severe as those against the common folk.

Right wingers, if you're so concerned about the government having too much power, why the hell aren't you whining about this stuff instead of OMG CONTRACEPTION!


Because of their handbook and interpreters thereof.

/IMHO, you gonna use a rulebook, read it yourself
 
2012-10-20 06:18:00 PM  

fnordfocus: jaflasvegas: Most people dont know that taking the breathalyzer is instantaneous and dont know that if the take the blood, they can bail themselves out and wait down at the impound yard for their car. Once you fail your breathalyzer, your license is suspended by the DMV and you have to go to a hearing to get a temporary until your court date. With blood, your license is good until the results come back.

Are you saying that if you fail the breathalyzer, you can't post bail until you're arraigned? What if you take it and pass?


Having taken a breathalyzer test and passed it the one and only time I've had it done (I had had one beer total before driving) they gave me my license and registration back and told me to be careful.

Probably just a really nice cop then.
 
2012-10-20 06:19:32 PM  
Moriarty?
i568.photobucket.com
The game is afoot
 
2012-10-20 06:31:25 PM  
Only ever had one "real" test ordered and passed. Was part of a traffic trap. Have administered and tested many devices and here to say, they are poor(filters will not permit proper adjective) at best. Give blood if you are in "real" trouble.

Back in the day, (yes, Virginia, there really was a time when) if you have done nothing wrong, you had nothing to fear.
And wrong started in a whole different universe where if you didn't hurt anybody else or destroy anything not yours, stupid was not a crime.
Now, this was the old days, before Christian Taliban hijacked so much of the GOP.

/some good material from this campaign, "47%" and "real". GOP Derp Gold.
 
2012-10-20 06:32:44 PM  
Weird. In Alabama if you refuse a breathalyzer, then you are arrested for DUI.

Must be nice to be a city councilman.
 
2012-10-20 06:34:48 PM  
My only advice to contribute to this thread is if you are "clean" and they take you back to the station, you can take the breathalyzer, but request a blood test as well. In most states they are required to oblige. That way if the breathalyzer comes back positive, you can have an independent expert test the blood still to absolve you.

I have the same advice if you actually are drunk, except in addition just refuse the breathalyzer and opt for the blood test only.
 
2012-10-20 06:52:26 PM  

serial_crusher: The officer's past was one reason Moriarty said he declined to submit to the Breathalyzer

So, I don't get this part. Doesn't taking the breathalyzer make it harder for this guy to lie, since he's standing right there holding a smoking gun that says you're not drunk?


Clearly you are not from nor have you lived in NJ.
 
2012-10-20 06:54:42 PM  

jaflasvegas: In Nevada, you have the choice of a breathalyzer or blood test. The breathalyzer is instant and the blood test takes up to a month for the DA to get tested and back. Does NJ not have the option of a blood test by the state?


No.
NJ law says breath, urine or swab.
 
2012-10-20 06:55:52 PM  
I've always been told, if there is any question at all, better refuse the breath test. If you've really had nothing to drink, just take it.
 
2012-10-20 06:58:02 PM  

jtown: serial_crusher: The officer's past was one reason Moriarty said he declined to submit to the Breathalyzer

So, I don't get this part. Doesn't taking the breathalyzer make it harder for this guy to lie, since he's standing right there holding a smoking gun that says you're not drunk?

Breathalyzers are notoriously inaccurate. Poor code and improper calibrations have been widely documented. The guy had nothing to gain by allowing the officer to collect potentially flawed evidence. If he truly believed he was being set up, it would make sense to demand a blood test, completely removing the dirty cop from the testing procedure. For all he knew the cop had a loaded mouthpiece ready to unload a blast of booze into the device.


In NJ, all blood tests in this situation are taken by a member of the New Jersey State Patrol(acting as a Nurse practitioner in a county seat hospital) and tested by NJSP labs. I guess pick your poison.
 
2012-10-20 07:01:48 PM  

NephilimNexus: Surprised that cops lying is still considered newsworthy.


It's only newsworthy because the wrongfully accused guy is an assemblyman. For the rest of us schmucks, nobody would care.
 
2012-10-20 07:03:22 PM  
In Texas, statewide now, they have a "No refusal" policy. If you refuse to be tested in the field, they'll haul you in, and draw blood, often against your will. Since c traces of alcohol can linger in the body, up to 5 days.
Good thing I ONLY drink at home.
 
2012-10-20 07:31:52 PM  
www.global-air.com

Dayton, Ohio may have to pay ''back pay and pensions'' to black applicants who failed a test for police and firefighter positions, because the test was too hard, claiming it was written for someone with a high school education or GED. (new window)
 
2012-10-20 07:32:18 PM  
CSB time

I had the misfortune to have to drive through Arkansas from Texas this past July. Whenever I drive I use my cheap $50 dashcam to record 'just in case'. A state trooper pulled me over near Saline and said I crossed the solid line on the right a few times while in the slow lane. I pointed to the camera and said 'let's watch the video, it's been recording for the last 2 hours or so'.

The immediate change in his voice was almost comical.

He then tried other tricks like asking me several times if I've been drinking, have drugs and guns etc. I told him no, there's the video camera, if you have grounds seize the evidence and do what you have to do. I tried to play as nice as I could but I seethe when cops forget to know their role - enforce laws, not invent their own. I was released in short order, If not for the video this would most likely been a different story.

I've been sitting on the recordings, I want to post them but need to edit and blank out some of my personal information when I finally get a computer that doesn't suck and have some free time.

Moral of the story - dashcams are cheap. Cheaper than a bogus charge or paying to repair damage you didn't cause.
 
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