.04 only while driving (which imo should be .00). no interlock device required

repost for page 2

Quote :

"A coworker of mine just lost his license for a year due to a DUI, but he got a provisional license that allows him to drive between 7AM-8PM M-F, and pretty much any other time as long as it's for work/community service/alcohol classes. He also has a stipulation that his BAC must be .04 or below for the next 3 years. We were discussing some scenarios yesterday and I wanted to get po-po feedback. 1. I assume when an officer runs his tag it will come back that his license is suspended. Will the officer also be able to see that he has provisional driving privileges, or would the officer need to pull him over to find that out? 2. If the answer to question 1 is "no, the officer would need to pull him to find out", is just running the tag/finding out he's suspended enough probable cause to pull him? In other words, can a cop just pull him based on a random tag search, or does he have to have another reason to pull him (speeding, tail light out, etc.)? 3. His lawyer told him that if an officer runs his tag he will see the .04 BAC restriction, and that the officer will most likely approach the vehicle with a breathalyzer and make him blow. Is this true, or would the officer need some other evidence of intoxication to request he blow? (smell of alcohol, slurred speech, etc.)?"

[Edited on January 8, 2014 at 10:59 AM. Reason : a]

1/8/2014 10:57:59 AM

i was just curious. a friend of mine has to be under .04 for seven years.

1/8/2014 11:30:12 AM

From what I gather, my coworker got the lowest level DUI possible. He blew a .11 and there weren't any other extenuating circumstances (speed, reckless driving, accident, etc.) He also has a clean driving record. From what he says he hasn't even had a speeding ticket in like 10 years.

1/8/2014 11:33:46 AM

Quote :

"1. I assume when an officer runs his tag it will come back that his license is suspended. Will the officer also be able to see that he has provisional driving privileges, or would the officer need to pull him over to find that out?"

Sometimes it shows up but more often that not, it doesn't.

Quote :

"2. If the answer to question 1 is "no, the officer would need to pull him to find out", is just running the tag/finding out he's suspended enough probable cause to pull him? In other words, can a cop just pull him based on a random tag search, or does he have to have another reason to pull him (speeding, tail light out, etc.)?"

You only need reasonable suspicion to make a traffic stop, not probable cause. And yes, you can just "shag tags" and make stops.

[quote]3. His lawyer told him that if an officer runs his tag he will see the .04 BAC restriction, and that the officer will most likely approach the vehicle with a breathalyzer and make him blow. Is this true, or would the officer need some other evidence of intoxication to request he blow? (smell of alcohol, slurred speech, etc.)?[/blow]

Yes. If you have a restriction on your license, you are suppose to be transported to a breath testing site (not an arrest) and provide a sample. If you refuse to go, your license will be suspended. If you go and blow over your restriction, your license is suspended. There is a charge for failing to comply with license restrictions, but I have been told that BAC don't fall under it. However, I seen people convicted of it.

On a side note, if you an LDP and you have alcohol on your breath, the office should immediately arrest you and the magistrate has the authority to revoke that privilege.

1/9/2014 5:49:35 PM

http://www.wral.com/police-to-search-underwater-for-robbery-suspect/13281056/

This is pretty bad ass. Reason #1125478 I could never be a cop. If I was chasing an armed robbery suspect, and he jumped in a wide swiftly moving river, during one of the coldest days on record, and then he decided to scream for help...I would be "accidentally" giving backup the wrong directions and sure as hell not risk my life by going in to save him.

The lowlife is probably rotting downstream somewhere at this point I think they should give up the search.

1/9/2014 8:15:30 PM

A friend just got her second speeding ticket since moving to Raleigh from New York in September. This one was for 71 in a 65, and she said the cop mentioned something about "that may be how they do it up North" during his ticket speech. Do cops purposefully look for out of state residents since they aren't paying NC taxes on their cars or does my friend just have bad luck?

On caveat is that she is really sensitive about being from New York, and she still doesn't realize how many people in this area aren't southerners, so she could be exaggerating.

2/11/2014 10:24:26 AM

Are lighted signs on cars legal? If I make a sign that says "TURN ON YOUR HEADLIGHTS, IDIOT!" in red LEDs is that legal?

3/7/2014 8:34:19 AM

You might not want to use red or blue.

3/7/2014 8:44:45 AM

Would you pull this person over?



http://messinwithcops.com

3/7/2014 9:25:52 AM

Can you use your creds in lieu of a purchase permit to buy a backup gun?

3/7/2014 9:43:15 AM

^^^ i would think red in the rear window

3/7/2014 1:49:11 PM

Quote :

"she said the cop mentioned something about "that may be how they do it up North" during his ticket speech"

i'm not a cop, but he probably just said that because she was from NY.

the only time i've ever gotten a speeding ticket, the nc state trooper asked me if i had any moonshine. the county in virginia where i live is commonly called the moonshine capital of the world. i bet if i had some, i wouldn't have gotten a ticket.

3/7/2014 3:44:58 PM

Quote :

"A friend just got her second speeding ticket since moving to Raleigh from New York in September. This one was for 71 in a 65, and she said the cop mentioned something about "that may be how they do it up North" during his ticket speech. Do cops purposefully look for out of state residents since they aren't paying NC taxes on their cars or does my friend just have bad luck?"

They look for idiots speeding.

3/7/2014 6:27:29 PM

Quote :

"Do cops purposefully look for out of state residents since they aren't paying NC taxes on their cars or does my friend just have bad luck?"

No.

Quote :

"Are lighted signs on cars legal?"

No. However, it would depend on the color, and which way they face.

Quote :

"Would you pull this person over? "

Fuck Yes.

Quote :

"Can you use your creds in lieu of a purchase permit to buy a backup gun"

I can. I do not believe you can.

3/24/2014 6:08:00 PM

http://www.usatoday.com/story/news/nation/2014/03/21/hawaii-police-sex-with-prostitutes/6682145/



Hawaiian police get to facefuck hoes before they bust 'em. Whatcha got to say about that?

3/24/2014 6:30:46 PM

Quote :

"Hawaiian police get to facefuck hoes before they bust 'em. Whatcha got to say about that? "

All in the name of justice.

3/24/2014 8:14:37 PM

Quote :

" This one was for 71 in a 65"

This seems like an awfully petty speed violation. I usually find that if I keep it under +10 on the highway, I don't get pulled over. Do you/your buddies regularly pull people over in the 5-10 range? (Sorry if this question, or one basically identical to it, has already been asked.)

3/24/2014 8:31:20 PM

Quote :

"Do you/your buddies regularly pull people over in the 5-10 range? (Sorry if this question, or one basically identical to it, has already been asked.)"

Yes. But never wrote a ticket for it and most of the time it is pre-textual.

3/24/2014 10:05:26 PM

Why pull if you're not gonna write a ticket? Check for other violations?

3/24/2014 10:49:10 PM

Fishing for bigger fish

3/24/2014 11:22:45 PM

While I realize you are likely in NC and probably don't do these checkpoints, what are your views?
Are they Legal?

http://youtu.be/fDCXzqgD99o

&

https://www.youtube.com/watch?v=uw7xr9ezGxE&list=TLTzgA9bhogfs8UlfIBFvRNebkqJOYTXZa


And yes, I'm also aware the folks in the videos are kinda douchey <sp?>. I have to admire the guy's resolve to challenge checkpoints when both the constitution (4th amendment) and case law says we should be free to travel through public highways unmolested.

I'd like to hear a real LEO's opinion and the laws that you think are applicable.

His window is broken and he's tazed:
http://youtu.be/bJF5cUWXA_A



[Edited on March 25, 2014 at 6:03 PM. Reason : .]

3/25/2014 5:53:52 PM

Oh boy, I have a traffic related question!

I kid, I kid, though this question may also be asked already:

You got any good animal stories? Shit you got called for that clearly should have been animal control? Pythons or coyotes or, I dunno, velociraptors or anything?

3/25/2014 6:15:54 PM

Can police sit on private property and clock cars passing by?

3/25/2014 6:26:41 PM

If a citizen reports a Class 1 Misdemeanor (Communicating A Threat GS 14-277.1) is the officer required to take a statement?

When is it okay for the officer to say "Well if it becomes a Class 2 Misdemeanor (Assault GS 14-33) call 911."?

3/25/2014 6:58:23 PM

Probably never.

3/25/2014 7:00:34 PM

and yet it happened

got threatened at work today
we have fun

3/25/2014 7:06:53 PM

You can take out your own warrants iirc... What I've gleaned from tww, you're not exactly going to get your panties in a knot unless it was something you thought was legitimate. I wouldn't fuck around, and I'd report the cop for not doing shit.

Maybe someone else will have insight on what their obligations are.

3/25/2014 8:06:38 PM

Quote :

" I have to admire the guy's resolve to challenge checkpoints when both the constitution (4th amendment) and case law says we should be free to travel through public highways unmolested."

I would read Delaware v. Prouse and then rethink that statement.

Quote :

"You got any good animal stories? Shit you got called for that clearly should have been animal control? Pythons or coyotes or, I dunno, velociraptors or anything?"

Shit yeah; will post some up tomorrow.

Quote :

"Can police sit on private property and clock cars passing by?"

Sure we can, we the police. But, if the the property owner says leave, you best leave.

Quote :

"If a citizen reports a Class 1 Misdemeanor (Communicating A Threat GS 14-277.1) is the officer required to take a statement?"

I would direct them to the magistrates office.

Quote :

"When is it okay for the officer to say "Well if it becomes a Class 2 Misdemeanor (Assault GS 14-33) call 911."?"

See Above.

3/25/2014 10:22:53 PM

Thanks for response!

Delaware v. Prouse seems to support my statement.
Am I missing something?

I may be misinterpretting:

Our decision in this case takes into account the special function of the Border Patrol, the importance of the governmental interests in policing the border area, the character of roving patrol stops, and the availability of alternatives to random stops unsupported by reasonable suspicion. Border Patrol agents have no part in enforcing laws that regulate highway use, and their activities have nothing to do with an inquiry whether motorists and their vehicles are entitled, by virtue of compliance with laws governing highway usage, to be upon the public highways. Our decision thus does not imply that state and local enforcement agencies are without power to conduct such limited stops as are necessary to enforce laws regarding drivers' licenses, vehicle registration, truck weights, and similar matters.

[Edited on March 26, 2014 at 10:43 AM. Reason : .]

3/26/2014 10:41:33 AM

In Delaware v. Prouse, the court ruled that officers cannot randomly stop cars without reasonable suspicion. However, they opened the door for checkpoints by concluding that organized checking stations could remedy random stops if they are set up to protect the public's interest (i.e. ensuring vehicles are registered and driver are license and not intoxicated).

3/29/2014 11:24:29 PM

I hate those checkpoint youtube videos... is it not required to obey an officer's directions on a roadway? Also, is it not required that you show your license if requested by an officer on a public road? I think a lot of bro-lawyering is causing a lot of unnecessary headaches.

3/29/2014 11:32:48 PM

^
yeah really. after all the injustices perpetrated by so many governments throughout history, and the incredible freedom, fairness and benefit-of-the-doubt given to Americans by our legal and law-enforcement system, it kinda makes me sick to see people present checkpoints, etc. as infringements of liberty and justice. and I'm not even fucking patriotic. but jeez, we're like spoiled kids over here.

3/29/2014 11:40:04 PM

Quote :

"is it not required to obey an officer's directions on a roadway? Also, is it not required that you show your license if requested by an officer on a public road?"

To an extent. In this state, you are required to produce a driver license and registration documents. Everything else (questions, sobriety testing, etc) is optional.

Now that being said, you (the driver) are required to exit the vehicle upon request as ruled in Pennsylvania v. Mimms. Passengers can also be required to the exit the vehicle under Maryland v. Wilson.

I love a good drunk bro lawyer; reality hits them pretty hard.

3/30/2014 10:11:00 AM

Bump. This thread is almost ready to be retired.

4/25/2014 7:23:08 PM

Is it legal to repeatedly raid a house looking for a dead person?
http://thelibertarianrepublic.com/brooklyn-woman-takes-action-cops-looking-dead-husband/#axzz31AJMwca7

5/8/2014 6:25:54 PM

How many dogs have you needlessly killed?

5/8/2014 7:06:56 PM

None, but damned if I didn't come close one time.

5/8/2014 10:11:48 PM

It's great that marijuana is legal in Colorado. I've smoked a few times in front of police officers. It's weird walking out of a shop with a goodie bag and it being completely legal. Most of the police officers I've spoken to in Denver were 100% for legalization. It allows them to concentrate on real offenders.

What's everyone's opinion on the matter ITT?

5/8/2014 10:15:04 PM

Smoking is retarded.

5/8/2014 10:17:18 PM

I've had some pretty good edibles as well.

5/8/2014 10:18:49 PM

Quote :

"How many dogs have you needlessly killed?"

I actually take offense at this one. Not all cops are terrified of dogs, or psychopathic dog murders. I love dogs, and quite frankly would go out of my way to avoid shooting a dog unless I absolutely had no choice....ie a viscous dog attacking a kid or something.

I almost always pet dogs on calls, Im not scared of dogs, and I am generally pretty good about understanding and reading a dogs body language. Hell, my being overly friendly with dogs on calls is probably going to bite me in the ass one day (pun not intended), but I have yet to be bit.

Long story short, MOST cops are not going to smoke a dog for no damn reason.

Oh and to answer the original question, I have 0.0 canine casualties from shootings, taserings, pepper sprayings, or ASP battonings. This includes dogs, coyotes, foxes, wolves, dingos, and jackals.

I did take out a coyote with my patrol car once by accident

[Edited on May 9, 2014 at 12:21 AM. Reason : .]

5/9/2014 12:16:15 AM

Never shot a dog, but have been around when a couple happened. There was a time when I should have shot this giant hood pit, but I didn't. By a stroke of good fortune, it got the message when I stuck my weapon in its mouth and said, "I'm going to smoke you motherfucker." Damned, if that thing didn't just whimper and trot off. Only real time I have ever seen "verbal judo" work.

5/9/2014 7:01:15 AM

^owner probably had made it gun-shy anyway

5/9/2014 7:33:44 AM

Quote :

"I'm going to smoke you motherfucker"

No shit. You said that to a dog?

I mean maybe you'll have to give us some more details, but I think if you've got time to stick a gun in a pit's mouth and say some Clint Eastwood shit to it you weren't really in any danger.

5/9/2014 10:22:40 AM

are we allowed to shoot a vicious dog in Raleigh city limits if it attacks you? if it attacks your dog?

5/9/2014 10:38:35 AM

Quote :

"..I think if you've got time to stick a gun in a pit's mouth and say some Clint Eastwood shit to it you weren't really in any danger."

That's a pretty unfair assumption to make. Would you rather him just pull the trigger? Seems like his warning saved the dogs life.

5/9/2014 12:16:51 PM

Wow. Just wow.

5/9/2014 12:19:37 PM

I was on my way out the door this morning so here is the full story:

Around dusk, I was dispatched to a call to assist a woman with getting from her car to her house. She couldn't exit her car because there was a rather large pit bull on her porch that did not belong to her or her neighbors. She was afraid and since we are the most available form of government*, I get sent to the call.

*I'm not/was not an animal control officer. It the City I worked, animal calls were the #1 call for service every single year and I worked a very busy (crime) city. I'm not/was not equipped nor trained in the handling of sick, vicious or bewildered animals, but yet I got dispatched to them all day, every day. Barking dog or dog bite, I went.

Back to the story. So, I'm on my way to this call and end up getting re-assigned to a domestic. The call goes to another unit, but they too end up at a domestic also. About an hour later I clear my current call and they re-send the animal call. By the time I get to the call, its dark out and I see lights on inside of the house. The car in the driveway is unoccupied, so it appears that the caller got safely inside.

Since I'm not a total douche, I park across the street and decide to go knock on the door and apologize to the caller for not being able to assist her. I walk up the driveway and get about 1 foot on the porch when I hear this metal rattle and probably the biggest pit bull in the State gets up and starts growling at me.

Now, I have been around dogs my whole life, but this wasn't a pet. This was an abandoned, tire-chewing feral pit. This thing is growling louder and has his lips pulled tightly back. Its tail straight up and whale eyed.

The dog started to move towards me so, broke contact with and just ignored it. When it seemed to calm down, I would turn slightly away as if I didn't see it and move back off the porch. Whenever I would get a few steps away, it would repeat the behavior and I would just stop, and wait.

I finally get out into the driveway and again we do this dance. Well now, I start to move towards my car and I can see the dog is not moving towards me anymore. I get to my car, pull out my keys and turn my back.

That is when I hear a snap, and the dog is now charging me. I whip around, while skinning my smoke wagon, and yell, "I'm going to smoke you motherfucker."

My front of my weapon literally against the dog’s nose. It lets out a small whimper and the thing trots off.

Now here is the kicker. So this dog is going away and some mope comes running out from behind a house and picks up the dog by the scruff of its neck and its rear leg. The dog starts thrashing about and the guy yells, "open you fucking door."

I'm like I don't want the dog, is it yours? He is screaming, "No, just open the door!"

I open my back door and he throws the dog in the back seat and runs off.

5/9/2014 5:49:35 PM

5/9/2014 5:51:35 PM

ahahahhaaha wth

5/9/2014 5:52:59 PM