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(Yahoo)   Everything is bigger in Texas, especially when your ticket for rolling a stop sign gets upgraded to a DWI for blowing 0.00   (news.yahoo.com) divider line 162
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16104 clicks; posted to Main » on 26 Feb 2014 at 12:46 AM (42 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2014-02-26 07:36:32 AM  
The Austin Police Department stands by the arrest

Keep Austin Authoritarian
 
2014-02-26 08:07:16 AM  
Gee, I wonder if he was black?
 
2014-02-26 08:08:18 AM  

midway_the_great: And that is why you never do roadside acrobatics.  I'm stone sober right now and I would still need to use my arms to keep my balance while standing on one foot.


In some states Implied Consent applies as soon as the officer suspects impairment. In other states, like my Pennsylvania, Implied Consent does not come into effect until the arrest occurs (theoretically meaning PC has been established).

I would be careful refusing field sobriety tests or preliminary breath tests unless you know the law in the jurisdiction you are in. Even if you are stone cold sober you could end up with a license suspension even if you are never charged with DUI.
 
2014-02-26 08:09:23 AM  
No need to turn this into a Texas thing or 'red state' thing.

NYPD cops just shoot you for being black and LAPD cops burn down your house.
 
2014-02-26 08:15:36 AM  
ThatGuyFromTheInternet [TotalFark]
2014-02-25 11:51:17 PM


Black, and in Texas. Yeah he's gonna get farked on that one,

Yeah if only he was as safe as blacks in liberal utopia's like
Calif,
Philly
NY, or Chicago
 
2014-02-26 08:18:22 AM  

HaywoodJablonski: Austin hasn't been weird for 2 decades. Today, it's a glorified suburb of Houston and Dallas, where fraidy cat whites go to flee the minorities found in the cities


Austin has Peelander Yellow prowling the streets on his yellow bike, painting barns and buildings and trucks and whatever else he can get his grimy yellow mitts on. The man radiates weird.

sxsw.com
 
2014-02-26 08:21:43 AM  

FizixJunkee: ZZ9 Plural Z Alpha: The Austin Police Department stands by the arrest, saying they believed Davis showed signs of impairment, that while standing on one leg, he "swayed," and "needed his arms for balance."

So, having a balance impairment is an arrestable offense?


Yeah, I'm not always 100% steady on my feet, either, but it's largely because I have a poor diet---a metric shiat ton of caffeine and sugar---and often get too little sleep.    The caffeine can make me a bit wobbly.


We've done too much to demonize alcohol specifically when driving.  If it's sleep deprivation, caffeine overdose, and/or blood sugar that's causing your impairment, you're still dangerous.

Unless you're claiming that things that make you wobbly in a field sobriety test don't necessarily impair your driving ability.  That's probably true in theory for some kinds of impairment, but I don't think any of the ones you listed are in that group.  Sleep deprivation is especially dangerous.
 
2014-02-26 08:26:08 AM  

Ilmarinen: Myria: Yankees fan

Is an American wearing a NY cap usually a fan? I've seen plenty of Europeans over here wearing those things who don't even watch baseball.

/and of course "Yankee" here means "person from the USA"


Well, if you ever visit Boston, I'd strongly advise not wearing one... You'll be assumed to be a Yankees fan, and they're not very well liked in Red Sox territory...
 
2014-02-26 08:27:42 AM  

evilmrsock: HaywoodJablonski: Austin hasn't been weird for 2 decades. Today, it's a glorified suburb of Houston and Dallas, where fraidy cat whites go to flee the minorities found in the cities

Austin has Peelander Yellow prowling the streets on his yellow bike, painting barns and buildings and trucks and whatever else he can get his grimy yellow mitts on. The man radiates weird.

[sxsw.com image 300x450]


Never heard of a Peelander.  That's trying too hard to be weird, and making money off of it.  Doesn't count.

We do, however, have our own version of Groundhog Day (pic is borderline NSFW).
 
2014-02-26 08:31:24 AM  
Police dash cam?
 
2014-02-26 08:44:56 AM  

MayoSlather: PolyHatSnake: OhioUGrad: MaudlinMutantMollusk: Secede and stop f*cking up our country

/and take Arizona and Kansas the rest of the South with you

We tried. Y'all seem to have gotten a little pissy about that.

Try again, this time without the human rights violations, and it might go smoother.


Awww how cute. You're still under the impression that war was about slavery.

Nice to see you've done nothing to counter your indoctrination, comrade.
 
2014-02-26 08:46:44 AM  

badhatharry: doublesecretprobation: The APD said they're going by a "take-no-chances" policy.

so put everyone in jail for the night?

It's really the only way to be safe. Better safe than sorry. If you see something, say something.


Unless you're Kickass' dad.
 
2014-02-26 08:48:38 AM  
The Austin Police Department stands by the arrest, saying they believed Davis showed signs of impairment, that while standing on one leg, he "swayed," and "needed his arms for balance."

Yeah, that's me sober.  Balancing on one leg is hard when you get older.


Typhoid: What's he complaining about, he's lucky he wasn't sexually assaulted by the cops.


Oh yeah, that *was* Austin.
 
2014-02-26 08:52:03 AM  

SlothB77: Balancing on one leg is hard when you get older.


I am thirty-six years of age. I require use of my arms for balance when standing on one leg during a Wii Fit fitness test. I had assumed the situation to be normal.
 
2014-02-26 08:58:59 AM  

nytmare: "Despite his insistence that he had had only one drink,"

Everybody has only ever had one drink.


Bullshiat. I will guarantee every cop and ems worker is calling bullshiat on you right now. The number is 2. Every drunk I have ever treated or transported had claimed to only have had 2 drinks.
 
2014-02-26 09:10:42 AM  

MayoSlather: Try again, this time without the human rights violations, and it might go smoother.


Doubtful. The Civil War was because those states tried to secede, not because they allowed slavery.
 
2014-02-26 09:12:32 AM  
Patrolman Bubba:  Hey, Dispatch!  We got's ourselfs a susspec what admits to havin a beer fore or faaav howers back, but he done blown a zero point zero one the breathamathingy.  What we gonna do?

Dispatch:  Hey, Bubba! How's yer maw?  Anyhoo, zero point zero, ya say?  Whell, whut colur is he?

Patrolman Bubba:  Why, he's blacker than the inside of yer sister's poop shoot.

Dispatch:  Cuff 'em, Bubba.  I'll git the rubber hose ready...

\fark Texas
 
2014-02-26 09:19:43 AM  
Just a typo.  Clearly the Texas officer meant DWB.
 
2014-02-26 09:22:38 AM  
My in laws are trying to talk us into moving to TX.  They had to discuss it among themselves if I was white or not, I'm not about to give TX cops a chance to discuss it.

My sil brought it up to my mil, before I married, how she thought I was Mexican.  Which seemed real odd, because this was while they were planning a wedding for my wife's other sister to a Mexican citizen.
 
2014-02-26 09:27:50 AM  

HindiDiscoMonster: HaywoodJablonski: The real news here is they found a black guy in Austin!

who wasn't already on a tree...

/yes, I am going to hell for even thinking that, but we are talking about Texas after all.


You really are stupid.
 
2014-02-26 09:37:42 AM  
 
2014-02-26 09:41:08 AM  
FTFA: "The APD said they're going by a "take-no-chances" policy"


Yeah, there was DWI money there. They have a "take no chance" on skipping on them benjamins. Texas attacked it's DWI issues by making it very, very profitable for municipalities to charge people with DWI.

CSB\
One of my buddies got pulled over on 35 up in Round Rock in the middle of the night heading back from a party. He had had a couple of drinks but was not drunk. He was messing with his radio, swerved, got pulled over. Long story short: he was on the side of the road for over an hour while 3 different cops ran sobriety tests with no signs of impairment. A supervisor showed up and said, without any other tests, "haul him in". He ended up blowing .02 and getting off, but not before $4,000 in lawyer fees.
\CSB

ThatGuyFromTheInternet: Black, and in Texas. Yeah he's gonna get farked on that one,


This didn't have anything to do with race. This had everything to do with money. If this was in WilCo I'd agree with you, but APD isn't that bad of a PD. However WilCo is everything you would think a southern country Sheriff's office would be. They will harass you if they get don't like something about you.
 
2014-02-26 09:41:34 AM  

fusillade762: He's not white. There's a shocker.


They also suggested that he could have been on marijuana, a drug that wouldn't necessarily show up in a test.

Even a blood test? Horseshiat.


I like living in Austin, but we have a major problem with racist cops.
 
2014-02-26 09:44:49 AM  
I guess I am struggling a bit with why people are assuming that this type of action, whether it is just over zealous cops or racial profiling, happens only in Texas.  This type of activity happens in every state of the union.  It is always funny to watch the insecure mouth breathers come over the top anytime anything, including nation wide problems, happens in Texas.  And yes, I know part of it is because Texans, like myself, tend to react when idiots make idiotic comments.
 
2014-02-26 09:45:44 AM  

MadMattressMack: FTFA: "The APD said they're going by a "take-no-chances" policy"


Yeah, there was DWI money there. They have a "take no chance" on skipping on them benjamins. Texas attacked it's DWI issues by making it very, very profitable for municipalities to charge people with DWI.

CSB\
One of my buddies got pulled over on 35 up in Round Rock in the middle of the night heading back from a party. He had had a couple of drinks but was not drunk. He was messing with his radio, swerved, got pulled over. Long story short: he was on the side of the road for over an hour while 3 different cops ran sobriety tests with no signs of impairment. A supervisor showed up and said, without any other tests, "haul him in". He ended up blowing .02 and getting off, but not before $4,000 in lawyer fees.
\CSB

ThatGuyFromTheInternet: Black, and in Texas. Yeah he's gonna get farked on that one,

This didn't have anything to do with race. This had everything to do with money. If this was in WilCo I'd agree with you, but APD isn't that bad of a PD. However WilCo is everything you would think a southern country Sheriff's office would be. They will harass you if they get don't like something about you.


They must not have "per se" laws there. In Pa, regardless of what your bac is you can be found guilty of DUI with any measurable amount of alcohol. .08 merely guarantees conviction. If the officer claims you were impaired, you can pretty much bet he will "prove" it in court.
 
2014-02-26 09:57:21 AM  
One cop in Oregon was doing this and got called on it.  IIRC, the county got sued and settled as well:

http://www.thenewspaper.com/news/20/2067.asp
 
2014-02-26 09:59:31 AM  

Yellow Beard: They must not have "per se" laws there. In Pa, regardless of what your bac is you can be found guilty of DUI with any measurable amount of alcohol. .08 merely guarantees conviction. If the officer claims you were impaired, you can pretty much bet he will "prove" it in court.


That is true here as well. However the hour of testing him by 3 cops who brought 3 cars that created 3 different sets of dash cam footage showing him not failing field sobriety tests threw that argument out. He wasn't doing everything perfect, but there was obviously some sort of reasonable doubt in the officer's minds.
 
2014-02-26 10:04:33 AM  

MycroftHolmes: I guess I am struggling a bit with why people are assuming that this type of action, whether it is just over zealous cops or racial profiling, happens only in Texas.  This type of activity happens in every state of the union.  It is always funny to watch the insecure mouth breathers come over the top anytime anything, including nation wide problems, happens in Texas.  And yes, I know part of it is because Texans, like myself, tend to react when idiots make idiotic comments.


You really sound like a farking douche when you use terms like "mouth breather" especially in relation to people who think Texans might be a bit backward. When you consider that the campaign commercials going right now consist mainly of "Secure the borders. Fight Obama" (no I am not making this up) its easy to think there may be something in the water.
 
2014-02-26 10:14:36 AM  

Geoff Peterson: MycroftHolmes: I guess I am struggling a bit with why people are assuming that this type of action, whether it is just over zealous cops or racial profiling, happens only in Texas.  This type of activity happens in every state of the union.  It is always funny to watch the insecure mouth breathers come over the top anytime anything, including nation wide problems, happens in Texas.  And yes, I know part of it is because Texans, like myself, tend to react when idiots make idiotic comments.

You really sound like a farking douche when you use terms like "mouth breather" especially in relation to people who think Texans might be a bit backward. When you consider that the campaign commercials going right now consist mainly of "Secure the borders. Fight Obama" (no I am not making this up) its easy to think there may be something in the water.


The right and left fight it out here just like anywhere else. Well, maybe in the utopia of Los Angeles where you live or California in general there isn't crazy political shenanigans.
 
2014-02-26 10:21:29 AM  

Harry_Seldon: morg: If the case was dismissed why does he have to clean up the arrest?

Because he was arrested.


That's just sophistry.
verdoux.files.wordpress.com
 
2014-02-26 10:24:14 AM  

MusicMakeMyHeadPound: morg: If the case was dismissed why does he have to clean up the arrest?

Because someun

scrupulous landlords, employers and the like will use an arrest to turn you away even if there's no conviction.

FTFY
 
2014-02-26 10:26:22 AM  

Geoff Peterson: MycroftHolmes: I guess I am struggling a bit with why people are assuming that this type of action, whether it is just over zealous cops or racial profiling, happens only in Texas.  This type of activity happens in every state of the union.  It is always funny to watch the insecure mouth breathers come over the top anytime anything, including nation wide problems, happens in Texas.  And yes, I know part of it is because Texans, like myself, tend to react when idiots make idiotic comments.

You really sound like a farking douche when you use terms like "mouth breather" especially in relation to people who think Texans might be a bit backward. When you consider that the campaign commercials going right now consist mainly of "Secure the borders. Fight Obama" (no I am not making this up) its easy to think there may be something in the water.


Interesting.

So, please read the comments above.  Most of the rabid responses are non-sensical, knee jerk reactions to removing Texas from the Union, and even a reference to our hostory of lynching blacks (hint, we do not have a pronounced history of lynching blacks).  So, yes, I refer to those individuals who trip over themselves to try and dogpile on Texas as mouth breathing idiots.  Your response has done nothing to dissuade that.

As far as the political commercial you are talking about (I have seen it), I am struggling to understand what is so outrageous about a desire to secure a border with a troiubled country where a large quantity of illegal drugs, illegal immigrants, and criminals flow across.  As far as opposing Obama, I am surprised to hear that Obama's social and economic policies were so universally revered that to disagree with them marked you as an idiot.

I guess our states have different philosophies.  Texas has no budget deficit and no income tax, California has a 15 billion dollar budget deficit even though it has an income tax.
 
2014-02-26 10:35:04 AM  

Bender The Offender: nytmare: "Despite his insistence that he had had only one drink,"

Everybody has only ever had one drink.

Bullshiat. I will guarantee every cop and ems worker is calling bullshiat on you right now. The number is 2. Every drunk I have ever treated or transported had claimed to only have had 2 drinks.


Lol, ok two. The one time I was stopped, I said one, but that was for my passenger who was peeing in the bushes.
 
2014-02-26 10:41:07 AM  

Sum Dum Gai: ZZ9 Plural Z Alpha: So, having a balance impairment is an arrestable offense?

An impaired coordination can certainly be arrestable if you're driving.  Many people with balance disorders cannot legally drive because their condition impairs their ability to drive safely.

He wasn't charged with DWI, he was arrested on suspicion of DWI.


I have flat feet and one heel that is held together by a bunch of hardware. There is no way I can stand on one foot. I don't think that should be grounds for arresting me on suspicion of DWI.
 
2014-02-26 10:51:21 AM  

Pokey.Clyde: r1niceboy: Texas can feel free to succeed, but the places that they can take with them would result in there being a few islands of normalcy surrounded by the Confederated HOAs of Merica.

Erm, that word doesn't mean what you think it means.


autocorrect. Sorry.
 
2014-02-26 10:56:52 AM  

r1niceboy: Pokey.Clyde: r1niceboy: Texas can feel free to succeed, but the places that they can take with them would result in there being a few islands of normalcy surrounded by the Confederated HOAs of Merica.

Erm, that word doesn't mean what you think it means.

autocorrect. Sorry.


Autocorrect made you accidentally spew idiocy?
 
2014-02-26 11:05:20 AM  

MycroftHolmes: I guess our states have different philosophies. Texas has no budget deficit and no income tax, California has a 15 billion dollar budget deficit even though it has an income tax.


Texas has crumbling infrastructure, a crushing poverty problem, I mean they have to pass city ordinances to get their contractors to pay minimum wage, and are blind to their looming healthcare disaster because it's "someone elses problem", however Texas is not an altogether bad place to live, but to get defensive about it?.

/I'm not really from LA.
//I'm also not a robot skeleton.
///I'm on I-45 a few miles northeast of Galveston.

;)
 
2014-02-26 11:06:16 AM  

Geoff Peterson: MycroftHolmes: I guess our states have different philosophies. Texas has no budget deficit and no income tax, California has a 15 billion dollar budget deficit even though it has an income tax.

Texas has crumbling infrastructure, a crushing poverty problem, I mean they have to pass city ordinances to get their contractors to pay minimum wage, and are blind to their looming healthcare disaster because it's "someone elses problem", however Texas is not an altogether bad place to live, but to get defensive about it?.

/I'm not really from LA.
//I'm also not a robot skeleton.
///I'm on I-45 a few miles northeastwest of Galveston.

;)


D'OH
 
2014-02-26 11:28:34 AM  

bunner: Angela Lansbury's Merkin: That's a reference to the chief in Texas, who while defending officers for arresting a jogger for jaywalking implied she was lucky she wasn't sexually assaulted by police like in other places.

So start being grateful to cops who don't just rape and shoot you, you ingrates!  They can, you know!  Whiners, the lot of you.


There could be an upside to rape....
img.fark.net

Just say'n.
 
2014-02-26 11:34:42 AM  

arturoh2o: MayoSlather: PolyHatSnake: OhioUGrad: MaudlinMutantMollusk: Secede and stop f*cking up our country
/and take Arizona and Kansas the rest of the South with you
We tried. Y'all seem to have gotten a little pissy about that.
Try again, this time without the human rights violations, and it might go smoother.
Awww how cute. You're still under the impression that war was about slavery.


Everyone with an education knows it was about States' Rights. Specifically, the right to allow slavery
 
2014-02-26 11:42:01 AM  

Yellow Beard: If the officer claims you were impaired, you can pretty much bet he will "prove" it in court.


"When I approached the vehicle, I observed that the suspects speech was slurred, his eyes were glazed and red, and his his clothing was disheveled> There was a strong smell of alcohol on his breath, and he fumbled with his license and registration.  The suspect staggered when he exited the vehicle, placing his hand on the vehicle to maintain his balance., He couldn't stand on one leg without falling and failed the heel-to-toe walking test. When he also failed the horizontal gaze nystagmus test, I placed the suspect under arrest"

Boilerplate standard copypasta for police report involving DWI

Facts don't matter when you write the EXACT SAME THING IN EVERY SINGLE REPORT
 
2014-02-26 12:06:15 PM  
He was DWB in Texas.

/Driving While Black
 
2014-02-26 12:16:37 PM  

ToastTheRabbit: He was DWB in Texas.

/Driving While Black


Well don't do that.
 
2014-02-26 12:22:15 PM  
Before article: Black?
Reading article: Black.
After reading article. YUP. That's America for you.
 
2014-02-26 12:22:35 PM  

MaudlinMutantMollusk: Secede and stop f*cking up our country

/and take Arizona and Kansas with you


I have a better idea.  Liberal states get the fark out.
 
2014-02-26 12:41:18 PM  
Driving while black. A crime in all 50 states.
 
2014-02-26 01:13:23 PM  

Argyle82: I don't get why they haven't caught up the rest of civilization....


They're still butthurt over not being allowed to own other human beings.
 
2014-02-26 01:19:22 PM  
In a row?
 
2014-02-26 01:38:59 PM  

Jim_Callahan: doglover: Texas first. Then LAPD, then Chi town

Texas has its share of good ol' boys bullshiat, but it has  nothing on Chicago.  And actually the cities in TX are relatively clean, we've just got more rural areas and thus more of the small-town bullshiat that exists in small-town everywhere.  Chicago has had its police force  literally working for organized crime at one point.

All that said, the larger point being ignored here is that anyone that thinks any state but Louisiana comes out on top for anything corruption-related  really hasn't been paying attention.  Works commissioners having a literal fridge stuffed with cash for and from under-the-table dealings  barely even made the news in-state there.


That's the perception.  People rag on Chicago for being corrupt, but at least they prosecute once in a while.  I would argue that Chicago has nothing on Texas.  The good ol' boy network makes sure their own never face a judge.  That way they can calmly say it's not a problem, because they don't have big corruption trials like they do up in that yankee city.
 
2014-02-26 01:47:52 PM  

Geoff Peterson: MayoSlather: Try again, this time without the human rights violations, and it might go smoother.

Doubtful. The Civil War was because those states tried to secede, not because they allowed slavery.


Why'd they want to secede, sport?

/whatever your answer, it will lead back to slavery
 
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