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    Denny347

    Grandmaster
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    21   0   0
    Mar 18, 2008
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    Napganistan
    Ok, better question - would the certified chemical test be performed at road-side?

    Can't. I am not trained to take blood so I must take them to a facility. OUr BAC Datamasters used for breath are not portable. State law requires them to be in a set location.
     

    BehindBlueI's

    Grandmaster
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    29   0   0
    Oct 3, 2012
    25,937
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    I don't see a cop risking his freedom or career to steal a measly $300.

    Unfortunately there are examples of cops doing just that. David Butler and Jason Edwards come to mind. Both were arrested for stealing cash from suspects. $700-ish, but the principal is the same. I knew Butler, and I knew officers who had to testify against him.

    Its unlikely, but that doesn't mean its impossible, which is why I said I'll refrain from judging the truthfulness of the OP's account. Its also why I would sue anyone who made those allegations against me in a public forum if they were false. I'm not getting lumped in with people like that.
     

    Trigger Time

    Air guitar master
    Site Supporter
    Rating - 98.6%
    204   3   0
    Aug 26, 2011
    40,112
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    SOUTH of Zombie city
    The detention can be as long as is reasonable to conduct the investigation. You think it's scary? You agreed to that when you obtained a drivers license in the state of Indiana.

    Yeah, being drained by the police when you know your innocent is scary to me and if they also tow my car when I'm gonna pass all the test then I'm gonna be out money too. Is the officer gonna pay to get my car back or for my stolen time?
     

    BehindBlueI's

    Grandmaster
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    29   0   0
    Oct 3, 2012
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    So If you detain a person are you supposed to read them their rights? Or is that only for an arrest?
    By the way thanks for clearing some things up. There's so many complicated laws and such that its almost impossible for a citizen to know when they are being done right or wrong. That's why I won't talk or consent to anything. It's not that I have anything I knowingly do wrong it's what am I maybe doing that I don't even have a clue is wrong or illegal. It's nuts all the laws and even cops can't keep them all straight. Who could?

    Miranda rights are only if you are detained and I want to ask you questions and use the answers in court against you. For DUIs, I usually read Miranda prior to transport and turned on my recorder. Drunks have a habit of being unable to stay quiet, and sometimes I would ask questions on the way if they struck up a conversation.

    Sometimes I got something important. Often I just got stories about White Castle or what a whore someone's sister is.


    Yeah, being drained by the police when you know your innocent is scary to me and if they also tow my car when I'm gonna pass all the test then I'm gonna be out money too. Is the officer gonna pay to get my car back or for my stolen time?

    I think you're missing the "probable cause" part of all this. Its not a random request for a blood draw, there must be PC to support it. Also, most cops HATE DUI arrests due to the complexity of the paperwork and how time consuming it is. Plus the "fun" of hanging out with a drunk for an hour or so.

    Yes, mistakes can happen. They occasionally do with diabetics. Its far from the usual, though. Your fear of random chemical testing should rank just behind meteor strikes but just ahead of time traveling assassins.
     

    pirate

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    19   0   0
    Jul 2, 2011
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    I don't see a cop risking his freedom or career to steal a measly $300.


    Ill just leave this here:

    IMPD officer sentenced for stealing money from drivers - 13 WTHR Indianapolis


    Humans are stupid sometimes and cops are still human...At least until RoboCop is unleashed in 2025.

    3rupr0.jpg
     

    MikeDVB

    Grandmaster
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    7   0   0
    Mar 9, 2012
    8,688
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    Morgan County
    So If you detain a person are you supposed to read them their rights? Or is that only for an arrest?
    Your rights always exist, whether or not you're arrested. They're not *required* by law to read you those rights but they take the risk of you being ignorant to them and using that as a defense if they don't, so they usually do.

    The problem lays when somebody lies about knowing what their rights are to try and get some sort of damning evidence dismissed [like a confession].
     

    Trigger Time

    Air guitar master
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    Rating - 98.6%
    204   3   0
    Aug 26, 2011
    40,112
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    SOUTH of Zombie city
    Miranda rights are only if you are detained and I want to ask you questions and use the answers in court against you. For DUIs, I usually read Miranda prior to transport and turned on my recorder. Drunks have a habit of being unable to stay quiet, and sometimes I would ask questions on the way if they struck up a conversation.

    Sometimes I got something important. Often I just got stories about White Castle or what a whore someone's sister is.




    I think you're missing the "probable cause" part of all this. Its not a random request for a blood draw, there must be PC to support it. Also, most cops HATE DUI arrests due to the complexity of the paperwork and how time consuming it is. Plus the "fun" of hanging out with a drunk for an hour or so.

    Yes, mistakes can happen. They occasionally do with diabetics. Its far from the usual, though. Your fear of random chemical testing should rank just behind meteor strikes but just ahead of time traveling assassins.
    Thanks for the info.
    Yeah it's not causing me to lose sleep at night over it, it's more of just a concern over the "not knowing" part of it. But thanks to you guys now I know on the .5% chance it ever happens to me. I don't go to bars or any other place a cop would be watching for activity anyways so the odds of me having an Leo encounter are very slim. Also I do obey traffic laws but I'm not perfect and I do make unintentional mistakes on the road but hey I'm still just as responsible for those mistakes and ill pay the piper if need be and not give any grief about it.

    Thanks LEO guys for answering the questions!! I don't think anything is unreasonable with the way the pc is obtained and law is.
     

    Trigger Time

    Air guitar master
    Site Supporter
    Rating - 98.6%
    204   3   0
    Aug 26, 2011
    40,112
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    SOUTH of Zombie city
    Ill just leave this here:

    IMPD officer sentenced for stealing money from drivers - 13 WTHR Indianapolis


    Humans are stupid sometimes and cops are still human...At least until RoboCop is unleashed in 2025.

    3rupr0.jpg
    Yeah there's bad people in all walks of life.
    I shouldn't have said its impossible, but instead it's not likely. Because for those couple examples of bad there are thousands of officers who could but are honest and don't and wouldn't. Once again it's better to be safe than sorry.
     

    PapaScout

    Master
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    21   0   0
    Jun 30, 2008
    2,156
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    Live in Wilbur, Work in Indy
    And that's fine that you think so. Some other cops have publicly gone on the record in an opposite opinion. So it's something that no one will ever agree on probably. If you use it and feel it helps you catch drunk drivers and you have then more power and support to you. I hate drunks and especially drunk drivers, so round em up and ill love you long time :)
    So why do some officers use the alphabet an numbers if its not standardized?

    Edit: and just incase someone is wondering***, no I have never had to do the dog and pony show, lol

    I went through this once out in Colorado and did the alphabet (without singing lol) and counting backwards from 58 to 32 or something. I walked the line, they shined the flashlight to see if my eyes jumped. Let me go saying there are a lot of drunks out tonight so be safe. :yesway:
     

    VUPDblue

    Silencers Have NEVER Been Illegal !
    Rating - 100%
    25   0   1
    Mar 20, 2008
    12,885
    83
    Franklin Township
    I am especially un-fond of drunk drivers. I have seen, throughout my life, way too many examples of the blood & guts, heartbreak and drama that they cause. Most officers don't particularly like doing DUI arrests because, as stated above, they are complex and time consuming. I have always thought they were important but I too steered clear of them if I could avoid it. At this point in my career though, I am getting pretty good at them and don't mind doing them. Since the first of February this year I have made around 40 DUI arrests and I believe that it is a valuable service to the others who share the roadway with impaired drivers.
    As for the OP, I don't know what your behavior was like to lead the trooper to believe you were impaired. I would like to believe that you displayed some sort of behavior that was piquing his suspicion but I was not there. I know that I would hate wasting my time with all the SFSTs and chemical tests if you were not impaired because I could have been doing something more important or enjoyable.
     

    remauto1187

    Shooter
    Rating - 100%
    1   0   0
    Aug 25, 2012
    3,060
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    Stepping Stone
    I am especially un-fond of drunk drivers. I have seen, throughout my life, way too many examples of the blood & guts, heartbreak and drama that they cause. Most officers don't particularly like doing DUI arrests because, as stated above, they are complex and time consuming. I have always thought they were important but I too steered clear of them if I could avoid it. At this point in my career though, I am getting pretty good at them and don't mind doing them. Since the first of February this year I have made around 40 DUI arrests and I believe that it is a valuable service to the others who share the roadway with impaired drivers.
    As for the OP, I don't know what your behavior was like to lead the trooper to believe you were impaired. I would like to believe that you displayed some sort of behavior that was piquing his suspicion but I was not there. I know that I would hate wasting my time with all the SFSTs and chemical tests if you were not impaired because I could have been doing something more important or enjoyable.

    When he blew .000 shouldnt it all have stopped right then and there? Why the demand for the blood test? :dunno: Did the officer not trust his breathrilizer? Was it out of cal? Was its annual cal sticker expired?
     

    alexanjl12

    Expert
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    14   0   0
    Sep 17, 2010
    1,140
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    Westside Indy
    I guess I am curious where the thought process came from that the officer stole the wallet. In the OP it states that he was pulled over on the street from leaving the parking lot, so this would be a road with probably some foot traffic as well. It also states in the OP that the windows were left down on the car. I would say its more likely that someone walking by saw a wallet sitting on the dash of an unattended car, and swiped it. My:twocents:
     

    VUPDblue

    Silencers Have NEVER Been Illegal !
    Rating - 100%
    25   0   1
    Mar 20, 2008
    12,885
    83
    Franklin Township
    When he blew .000 shouldnt it all have stopped right then and there? Why the demand for the blood test? :dunno: Did the officer not trust his breathrilizer? Was it out of cal? Was its annual cal sticker expired?

    I trust my PBT...for alcohol results. it seems likely that the Trooper believed the OP may be impaired due to something other than alcohol. if a driver is displaying signs of impairment the investigation doesnt stop when ETOH is ruled out.
     

    Roadie

    Modus InHiatus
    Rating - 100%
    17   0   0
    Feb 20, 2009
    9,775
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    Beech Grove
    If I ever get pulled over for suspicion of DUI, I am going to be in trouble.

    I am a fairly intelligent person, but I cannot read the Alphabet backwards right now, let alone under a stress situation.

    I also have an inner ear condition called Meniere's Disease. It can affect balance, so I am screwed with the "stupid human tricks" and the Nystagmus tests too, lol.
     

    MikeDVB

    Grandmaster
    Rating - 100%
    7   0   0
    Mar 9, 2012
    8,688
    63
    Morgan County
    If I ever get pulled over for suspicion of DUI, I am going to be in trouble.

    I am a fairly intelligent person, but I cannot read the Alphabet backwards right now, let alone under a stress situation.
    You would want to do one of two things [in order of preference]:
    1. Keep your mouth shut.
    2. Tell the officer you can't say the alphabet backwards.

    I also have an inner ear condition called Meniere's Disease. It can affect balance, so I am screwed with the "stupid human tricks" and the Nystagmus tests too, lol.
    Well that sucks!
     

    Nim

    Plinker
    Rating - 0%
    0   0   0
    Apr 5, 2013
    124
    16
    Falls City Area / Clark County
    One suggestion about the testing...

    I was tested once on the side of I-64 in Louisville and passed everything but walking a straight line but I pointed out to the cop that the side of the road was slanted enough that the it made it difficult and even going up or down the slope would make the test hard to perform properly. Being a medical professional, I would be able to argue all day about balance and such.

    The test can only be done on a level, flat(no rocks, cracks in pavement) surface to have anything close to validity.

    it is also difficult to stay "on a line" wihtout looking down at it. Walking heel to toe is an un-natural action for the body to perform and your brain automatically will think you are off balance due to not walking with your natural gait.

    BTW, I was let go without trouble or citation.
     
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