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Cuffed Without Cause

00Scud00 says...

Well, looking it up on Google the "Sobriety Test" strictly speaking involves three tests that don't involve the breathalyzer, which usually comes after those first tests. But he does say breathalyzer at 5:33, but if it is really an open and shut case because he refused it then why did he get off?
From the sounds of it the cop had no reason to suspect he was drunk in the first place, which renders the tests moot because he probably wasn't drunk and they knew it. As for why waste time and annoy? From his perspective they were wasting his time and annoying him, so why the hell not.

newtboy said: the station, what he's calling a "sobriety test" is, in most states, a breathalyzer test that you must agree to, or blood, and not saying yes and taking it is considered refusal because people do waste time arguing in an attempt to score lower, and ain't nobody got time for that. They told him clearly you must answer yes or no, or it's considered refusal, which is absolutely normal procedure from what I've seen. He answered "Listen, I was a US Marine, ....bla bla bla...let's take a minute....bla bla bla...explain my rights...bla bla." and never took it, which is refusal under the law.
5:33 confirms this, breathalyzer.

They must have claimed he failed the field test or why cuff him and require more tests at the station, something he omits, which makes sense since he said he joked around while taking it, marching left right instead of heel toeing. At first he insisted on making numerous phone calls first, like that's a right....he knows his rights....Then he wants to stop to set up his camera to record the stop...Then argues more about the test itself. The cops were clearly annoyed with him arguing and not complying before he got out of the car, but he persisted right into jail.

I wouldn't trust his biased recollection to include all the facts, especially since he is "conducting a study on racial profiling". Sounded to me like a case of arguing himself into a charge he was lucky to get out of because the cops stupidly didn't record the stop. From his own descriptions, in California at least, he's totally have no right to discussions, and only an idiot would believe the cops will tell you your rights honestly anyway, so why keep asking except to waste time and annoy?

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DuoJet says...

I suppose it's easy to miss the point of my comment if you're gonna assume it's about you.

entr0py said:

I hope that some day I will have the intellectual curiosity to care about things that don't involve cute hipster girls. But I'm afraid I'm not there yet.

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