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(WRCB)   You can now be arrested for DUI in Tennessee even if you're sober   (wrcbtv.com) divider line 154
    More: Scary, sobriety tests, Sevier County  
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16030 clicks; posted to Main » on 21 Feb 2014 at 8:19 PM (19 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2014-02-21 08:20:44 PM
Hint: Don't live or visit TN. It's a mental shiathole.
 
2014-02-21 08:21:25 PM
farking really?
 
2014-02-21 08:22:15 PM
If you don't have money or connections, you don't even have to be in a vehicle to get a DUI.

/never got a DUI
//no money or connections, just lucky
 
2014-02-21 08:23:35 PM
Sounds more like "You can pass Tennessee's field sobriety tests even if you are intoxicated."

Maybe they should have done a blood alcohol test on him.
 
2014-02-21 08:23:52 PM
So a field sobriety test is nothing more than an excuse to fark with you?  Because apparently it has no utility otherwise.
 
2014-02-21 08:24:52 PM
That isn't what the court said, it basically says that field sobriety tests are not conclusive.

If they have reason to think he has been drinking (such as an admission from the person), they should be able to take him in and run a drug test.
 
2014-02-21 08:24:59 PM

hardinparamedic: farking really?


Not a lot of detail there. Driving like an asshole and smelling like alcohol should be enough.
 
2014-02-21 08:25:18 PM
Of course. Having run into the Huntland, TN speed traps on John Hunter & Winchester Highways, color me unshocked.
 
2014-02-21 08:26:06 PM

rattchett: So a field sobriety test is nothing more than an excuse to fark with you?  Because apparently it has no utility otherwise.


I hope the first person arrested for this pops negative for everything in their unconstitutionally compelled blood sample, and SUES THE fark out of the department and the state.
 
2014-02-21 08:26:28 PM

lohphat: Hint: Don't live or visit TN. It's a mental shiathole.


I call your comments as utter bull shiat.

/Born in TN.
 
2014-02-21 08:26:52 PM

MFAWG: hardinparamedic: farking really?

Not a lot of detail there. Driving like an asshole and smelling like alcohol should be enough.


It should be enough for a charge of reckless driving maybe, not DUI. What with the whole innocent until proven guilty thing.
 
2014-02-21 08:27:07 PM
Reminds me of a shiattily set up construction zone years ago at the 25/90 merge north of Buffalo, WY.  I was warned to watch out for it because the way they'd set it up was very confusing and it was easy to find yourself going north on the 90 south.  Even with the warning, I damn near ended up in that situation and I'd had nothing to drink for weeks.
 
2014-02-21 08:28:34 PM
Okay, I could use some help on this.  He was arrested after passing the test, the charges were thrown out because other people did what he did and for passing the test.  So, why does this ruling has any point at all at this time?  The charges were tossed and he left a free man, so five years later there is discussion about this.  The only thing I can think of is he sued and lost?
 
2014-02-21 08:29:19 PM

jtown: Reminds me of a shiattily set up construction zone years ago at the 25/90 merge north of Buffalo, WY.  I was warned to watch out for it because the way they'd set it up was very confusing and it was easy to find yourself going north on the 90 south.  Even with the warning, I damn near ended up in that situation and I'd had nothing to drink for weeks.


Clarification:  I hadn't consumed intoxicants or mind altering substances of any kind for weeks.  I'd drank plenty of water, soda, juice, etc.
 
2014-02-21 08:29:37 PM

rattchett: So a field sobriety test is nothing more than an excuse to fark with you?  Because apparently it has no utility otherwise.


The point of field sobriety tests and them questioning you is to establish probably cause.

If the police can smell the alcohol on you and you admit to drinking, they already have probable cause. Passing field sobriety tests won't remove this fact.

Granted police use of the "smell X" is an issue at times, but in this case the guy saying he had been drinking alone is enough.
 
2014-02-21 08:29:59 PM

insano: MFAWG: hardinparamedic: farking really?

Not a lot of detail there. Driving like an asshole and smelling like alcohol should be enough.

It should be enough for a charge of reckless driving maybe, not DUI. What with the whole innocent until proven guilty thing.


And here come the internet lawyers. You drive like an asshole and admit to drinking, that's probable cause for a blood test.

I have extensive practical experience in this.
 
2014-02-21 08:33:10 PM

MFAWG: I have extensive practical experience in this.


You're a serial drunk driver?
 
2014-02-21 08:35:14 PM
Feild tests are subjective and a formality for them to fark someone as they please
 
2014-02-21 08:35:43 PM

MFAWG: And here come the internet lawyers. You drive like an asshole and admit to drinking, that's probable cause for a blood test.

I have extensive practical experience in this


Well yes, if the blood test proved he was drunk then by all means he should get a DUI. Doesn't say that was the case in the article.
 
2014-02-21 08:36:00 PM
insano: It should be enough for a charge of reckless driving maybe, not DUI. What with the whole innocent until proven guilty thing.


My thoughts exactly.
 
2014-02-21 08:37:21 PM

MooseUpNorth: MFAWG: I have extensive practical experience in this.

You're a serial drunk driver?


I have 2 convictions over the span of 25 years, and I've been pulled over multiple times.

Don't drive like an asshole, don't act like an asshole, and keep your farking mouth shut
 
2014-02-21 08:40:58 PM

MFAWG: I have 2 convictions over the span of 25 years, and I've been pulled over multiple times.


Damn, and I was just messing with you. Didn't really expect this. Sorry if this got awkward.

/  Maybe 'don't drive if you've been drinking' would be more practical advice?
 
2014-02-21 08:48:02 PM

AirForceVet: lohphat: Hint: Don't live or visit TN. It's a mental shiathole.

I call your comments as utter bull shiat.

/Born in TN.


It is actually a pretty nice place . Except for Memphis .
 
2014-02-21 08:49:39 PM

MooseUpNorth: MFAWG: I have 2 convictions over the span of 25 years, and I've been pulled over multiple times.

Damn, and I was just messing with you. Didn't really expect this. Sorry if this got awkward.

/  Maybe 'don't drive if you've been drinking' would be more practical advice?


It's not awkward, but I know the ins and outs.

Trust me on the asshole thing, really.
 
2014-02-21 08:50:11 PM

hardinparamedic: farking really?


No, Not really.  If you read the article it says that he passed FSTs, not that he was sober.  FSTs are one piece of evidence that cops should consider in determining if a person is safe to drive, but not dispositive.  This isn't a new rule or a change in the law, nor is it unique to TN.  Other than that, great headline.
 
2014-02-21 08:50:41 PM

MFAWG: MooseUpNorth: MFAWG: I have extensive practical experience in this.

You're a serial drunk driver?

I have 2 convictions over the span of 25 years, and I've been pulled over multiple times.

Don't drive like an asshole, don't act like an asshole, and keep your farking mouth shut


So, you're a dumbass (1st conviction) and an asshole (2nd conviction)?

I think Internet Lawyers are the least of your concerns...
 
2014-02-21 08:51:49 PM
rattchettSo a field sobriety test is nothing more than an excuse to fark with you?  Because apparently it has no utility otherwise.

I'm no 'Internet Lawyer' but what dywedd88 said, it won't set you free, & if you 'screw up', it will be used 2 build a case...ESP if yer sober, & every example of the FST is designed to make you fail, that's why they demand you "tilt your head up" for most of them, to place you off balance since one's balance is in their inner ear...
 
2014-02-21 08:52:18 PM

DeathByGeekSquad: MFAWG: MooseUpNorth: MFAWG: I have extensive practical experience in this.

You're a serial drunk driver?

I have 2 convictions over the span of 25 years, and I've been pulled over multiple times.

Don't drive like an asshole, don't act like an asshole, and keep your farking mouth shut

So, you're a dumbass (1st conviction) and an asshole (2nd conviction)?

I think Internet Lawyers are the least of your concerns...


You can go fark yourself
 
2014-02-21 08:52:22 PM

insano: MFAWG: hardinparamedic: farking really?

Not a lot of detail there. Driving like an asshole and smelling like alcohol should be enough.

It should be enough for a charge of reckless driving maybe, not DUI. What with the whole innocent until proven guilty thing.


Innocent until proven guilty applies to finding of, well you know, GUILT.  It doesn't apply to charges or to the ability of police to detain you for purposes of an investigation.  That's an entirely different standard.  All together.
 
2014-02-21 08:52:28 PM
I really wish more people knew field sobriety tests aren't mandatory no matter what the cop says.  I also wish more people knew cops are allowed to lie and mislead.
 
2014-02-21 08:53:06 PM

insano: MFAWG: hardinparamedic: farking really?

Not a lot of detail there. Driving like an asshole and smelling like alcohol should be enough.

It should be enough for a charge of reckless driving maybe, not DUI. What with the whole innocent until proven guilty thing.


Also, the whole "several people had also driven on the wrong side of that road because of construction" thing.

Know how I know neither of you RTFA?
 
2014-02-21 08:54:13 PM

a particular individual: insano: MFAWG: hardinparamedic: farking really?

Not a lot of detail there. Driving like an asshole and smelling like alcohol should be enough.

It should be enough for a charge of reckless driving maybe, not DUI. What with the whole innocent until proven guilty thing.

Also, the whole "several people had also driven on the wrong side of that road because of construction" thing.

Know how I know neither of you RTFA?


I did see that. What I didn't see was any blood or breath tests
 
2014-02-21 08:57:36 PM

MFAWG: I did see that. What I didn't see was any blood or breath tests


From a different article:

The Circuit Court for Sevier County suppressed blood alcohol test results and dismissed all charges, finding that police lacked probable cause to arrest Mr. Bell. In light of Mr. Bell's satisfactory performance on the field sobriety tests, the Court of Criminal Appeals agreed.

In a unanimous opinion, the Supreme Court ruled that police had probable cause to arrest Mr. Bell for DUI. The Court observed that the existence of probable cause is quite distinct from guilt at trial. While a criminal conviction must be supported by proof beyond a reasonable doubt, probable cause requires only facts that would support a prudent person's belief that the defendant committed an offense.


http://www.tncourts.gov/press/2014/02/20/supreme-court-reinstates-du i- charges-case-where-suspect-passed-field-sobriety-tests
 
2014-02-21 08:58:03 PM

dywed88: If the police can smell the alcohol on you and you admit to drinking, they already have probable cause. Passing field sobriety tests won't remove this fact.


Then why even do a field sobriety test? Why not just go straight to the breathalyzer? The guy passed SIX field sobriety tests. Without an actual BAC level, there's no charge. A diabetic in shock can fail a sobriety test, but a 0.0 BAC. Someone who's been awake for 24 hours could also fail. If there's reason to suspect impaired driving, fine. But SIX sobriety tests, and no actual alcohol test?

I'm guessing the driver wasn't white.
 
2014-02-21 08:58:49 PM

Talondel: insano: MFAWG: hardinparamedic: farking really?

Not a lot of detail there. Driving like an asshole and smelling like alcohol should be enough.

It should be enough for a charge of reckless driving maybe, not DUI. What with the whole innocent until proven guilty thing.

Innocent until proven guilty applies to finding of, well you know, GUILT.  It doesn't apply to charges or to the ability of police to detain you for purposes of an investigation.  That's an entirely different standard.  All together.


That's an entirely different standard.
 
2014-02-21 09:00:34 PM

AirForceVet: lohphat: Hint: Don't live or visit TN. It's a mental shiathole.

I call your comments as utter bull shiat.

/Born in TN.


So was my grandmother: McMinnville 1909

I have cousins in TN and they took me to their local 4th of July party and I have not seen more literally in-bred people at the event with visible defects in my life.

slate-features.s3.amazonaws.com
 
2014-02-21 09:00:40 PM
The trial court and the court of appeals screwed up, and the supreme court finally got it right.  The driver admitted he had too much to drink, and officers could smell the alcohol on him.  That's sufficient justification to detain the person and get a blood test, which is what they did.  The lower courts tossed the blood tests because he passed the FSTs, but the FSTs where only one factor.

/The real surprise here is that the cops didn't just lie and say he failed the FSTs.
 
2014-02-21 09:01:28 PM

MFAWG: I did see that. What I didn't see was any blood or breath tests


Yet you still say the guy was driving like an asshole. The lack of blood or breath tests is even more damning. The guy admitted he had been drinking. Fine. DON'T DO THE FIELD TEST. Just do the goddamned BAC test. That's the only test that should matter.
 
2014-02-21 09:03:19 PM

a particular individual: dywed88: If the police can smell the alcohol on you and you admit to drinking, they already have probable cause. Passing field sobriety tests won't remove this fact.

Then why even do a field sobriety test? Why not just go straight to the breathalyzer? The guy passed SIX field sobriety tests. Without an actual BAC level, there's no charge. A diabetic in shock can fail a sobriety test, but a 0.0 BAC. Someone who's been awake for 24 hours could also fail. If there's reason to suspect impaired driving, fine. But SIX sobriety tests, and no actual alcohol test?

I'm guessing the driver wasn't white.


Yeah, the whole "six times" thing stood out to me, too. Seems like they were just trying to keep testing him until he failed, one way or another.
 
2014-02-21 09:03:29 PM

lohphat: AirForceVet: lohphat: Hint: Don't live or visit TN. It's a mental shiathole.

I call your comments as utter bull shiat.

/Born in TN.

So was my grandmother: McMinnville 1909

I have cousins in TN and they took me to their local 4th of July party and I have not seen more literally in-bred people at the event with visible defects in my life.

[slate-features.s3.amazonaws.com image 850x464]


Hey now lets not be including the urban dwellers in that statement. As for the rest, not really my concern.

/native Nashvillian
 
2014-02-21 09:04:26 PM

a particular individual: A diabetic in shock can fail a sobriety test, but a 0.0 BAC.


I can fail one under some light conditions due to Menières disease.
 
2014-02-21 09:04:36 PM

Talondel: The trial court and the court of appeals screwed up, and the supreme court finally got it right.  The driver admitted he had too much to drink, and officers could smell the alcohol on him.  That's sufficient justification to detain the person and get a blood test, which is what they did.  The lower courts tossed the blood tests because he passed the FSTs, but the FSTs where only one factor.

/The real surprise here is that the cops didn't just lie and say he failed the FSTs.


Yes, that's very different.
That'll teach me to not look for more information.

However, it raises the question of why the cops administered SIX sobriety tests. If the guy admitted he had been drinking, why didn't they skip straight to the blood/breath test?

The article still doesn't make sense.
 
2014-02-21 09:05:28 PM
Heh. I got FST'd last month, stone sober, because the cop who pulled me over for "suspicious activity" (driving down the same road 4 times in an hour while submitting portals for Ingress) saw an unlabeled prescription bottle in my back seat. It was full of quarters for laundry.

Didn't matter. That counts as drug paraphernalia in Ohio, so they pulled me out. Did the FST, then called in a K9 unit to take my car apart to search for drugs.

45 minutes out of my life. No ticket... no warning... no "sorry about the confusion"... just told to go home. I told him I would go wherever the fark I wanted when I was done putting everything back in my god damned car.

/assholes are out of control.
//quarters in a pill bottle?!? Seriously?
 
2014-02-21 09:06:30 PM

a particular individual: MFAWG: I did see that. What I didn't see was any blood or breath tests

Yet you still say the guy was driving like an asshole. The lack of blood or breath tests is even more damning. The guy admitted he had been drinking. Fine. DON'T DO THE FIELD TEST. Just do the goddamned BAC test. That's the only test that should matter.


That's how it's done in a lot of cases now. They have a small field breathalyzer they can use.

Want some more free advice from a terrible person? If you're drunk, don't blow
 
2014-02-21 09:07:07 PM
"He had been driving on the wrong side of the road."

Ok, maybe arresting him despite passing the tests wasn't that unreasonable.

"Several other people had been driving on the wrong side because of construction."

Ok, really?
 
2014-02-21 09:10:41 PM

MFAWG: a particular individual: MFAWG: I did see that. What I didn't see was any blood or breath tests

Yet you still say the guy was driving like an asshole. The lack of blood or breath tests is even more damning. The guy admitted he had been drinking. Fine. DON'T DO THE FIELD TEST. Just do the goddamned BAC test. That's the only test that should matter.

That's how it's done in a lot of cases now. They have a small field breathalyzer they can use.

Want some more free advice from a terrible person? If you're drunk, don't blow


It was just that one time. I was young and drunk and I needed the money...
 
2014-02-21 09:10:59 PM

MFAWG: If you're drunk, don't blow


Could get you out of the ticket.
 
2014-02-21 09:11:58 PM
Decades ago you could be arrested for "public drunk" in Mississippi for any reason at all.
 
2014-02-21 09:12:52 PM

a particular individual: However, it raises the question of why the cops administered SIX sobriety tests. If the guy admitted he had been drinking, why didn't they skip straight to the blood/breath test?


A standard battery of FSTs includes at least three different tests.  There may be others added depending on the jurisdiction.  For example, in Arizona there are six tests that make up a full FST, and officers may use one or all of them.  But it's unlikely they tested him six times.  It's more likely they ran him through six different tests as part of a battery of tests.  Or maybe three tests twice.

The standard three are HGN, walk and turn, one leg stand.  Other common ones include the Rhomberg modified, finger count, and finger to nose tests.
 
2014-02-21 09:13:55 PM
Same bullshiat in Maine.
 
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