Trooper arrests dozens under bogus DUI charges

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  • moosebag

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    Kutnupe14

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    It is my understanding that if you refuse a breathylizer, your license is automatically suspended. Would that still hold true if you refuse the breathylizer and demand to be taken immediately for a certified blood draw?

    Depends on what you mean when you say "breathylizer." You cannot refuse a certified test, and a roadside PBT doesn't apply. You can refuse it without losing your license.
     

    Kutnupe14

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    This is why I've always heard you should not submit to a roadside breathalyzer test if you know you haven't been drinking, or you know you may have only a very slight amount of alcohol in your body. Breathalyzers can be highly inaccurate and also results can be faked.

    It's sucks, but if this happened to me, I'd insist on a certified blood draw by a non-biased professional (the way it should be done).

    If you insist on a certified blood draw, you're still going to jail for the night. It's best to simply submit to the datamaster.
     

    45calibre

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    Depends on what you mean when you say "breathylizer." You cannot refuse a certified test, and a roadside PBT doesn't apply. You can refuse it without losing your license.

    what is considered a certified test? the box you blow in when you get pulled over is not a certified test? so refusing a certified test is what gets your DL suspended and not the breathylizer?
     

    Solitaire

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    what is considered a certified test? the box you blow in when you get pulled over is not a certified test? so refusing a certified test is what gets your DL suspended and not the breathylizer?

    The small roadside box you blow in is not a certified test. It just estimates your BAC. It's a tool to use, along with observations and field tests, to see if you may be intoxicated.

    The big box back at the station IS a certified test. So is a blood draw.

    Refusing a certified test will get your license suspended. Refuse the roadside tests, and the officer will lock you up anyway, if there is enough evidence of intoxication. (Behavior, smell, etc.)
     

    level.eleven

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    Depends on what you mean when you say "breathylizer." You cannot refuse a certified test, and a roadside PBT doesn't apply. You can refuse it without losing your license.

    Is the datamaster or "breathalyzer" a PBT? How about we knock off the word games. Everyone is talking about the roadside mechanism you use in your television commercials. Just admit that everyone gets a certified test if you so chose.
     

    GlockRock

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    Is the datamaster or "breathalyzer" a PBT? How about we knock off the word games. Everyone is talking about the roadside mechanism you use in your television commercials. Just admit that everyone gets a certified test if you so chose.

    The roadside breathalyzer, or PBT, is not the certified test. The Datamaster at the Police Station is the certified instrument used.
     

    level.eleven

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    The roadside breathalyzer, or PBT, is not the certified test. The Datamaster at the Police Station is the certified instrument used.

    What percentage of drivers who decline the PBT are then not administered a Datamaster? In others words, how many officers say, "Oh, well I guess everything is good. Have a good night."
     

    rambone

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    In 2009, Steed racked up an extraordinary 400 DUI arrests, twice the number of any other UHP trooper, averaging more than two DUI busts per shift (she also earned $82,953 in 2009).

    Steed’s supervisor Lt. Winward credits her extraordinary arrest record in part to “typing skills” that allow her to process DUI reports more quickly than other troopers.
     

    IndyDave1776

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    Doesn't anyone else feel like there are conflicting answer in this thread, or am I just tired and reading it wrong?

    What amazes me is that it has devolved into splitting hairs over testing when the primary issue is the gross corrupting of justice. As far as I am concerned, when anyone in the criminal justice system acts deliberately to arrest, charge, or convict anyone they know is not guilty, it should be mandatory that each person responsible (that would include first the officer, then also the prosecutor if the prosecutor files charges knowing that they are bogus, and also the judge if the defendant is convicted and/or sentenced while the judge knows the charges are false--needless to say, no penalty for those who acted in good faith) should receive the maximum sentence which could have been given to the victim for each incident.

    This includes jail time, home detention, community service, attending/participating in programs/classes, license suspensions, fines, and fees including the cost as if having had a vehicle impounded. By my math, that should put this miscreant at a minimum of 80 days in prison, 1920 hours of community service, $28,000 in fines, about $80,000 in impound fees, driver's license suspended for just over 13 years, and all kinds of participation in programs. Perhaps harsh, but deliberately running people up in the criminal justice system calls for being every bit this harsh. Oh, and by the way, this is assuming that all the false accusations/arrests were first time offenses.
     
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