Pulled over in Kansas?

[Bubba]

Originally Posted by NoLongerInRadioGuy

...In good ole DC, we do have a problem with people driving without a license and not having any ID at all when they get pulled over. And believe it or not, a lot of people in DC have two or more names they use as their real name, their work name, their hyphenated name, etc.....

A polite way of saying illegal immigrant!!

[MissKitty]

Originally Posted by TexKan

Here's my thought.
....... It's like blowin the tipsy meter......... if you are drinkin and drivin....... NEVER blow........ any cop will tell ya that... hell they don't do the test themselves. It requires a court order to draw blood......

If you refuse to blow or give blood/urine you AUTOMATICALLY lose your drivers license. Wouldn't it be safer to take the test and MAYBE lose it, or maybe even keep it? Or how about not drinking and driving and then you don't have to worry about it at all?

Driving is not a right, it's a privilege, and when you drink & drive you're putting yourself in danger of losing that privilege.

[TexKan]

Originally Posted by Army_of_One

Me too. My take is...what is the return or benefit to "Joe Citizen" for using this technology. Running your prints for ID doesn't hurt you if you are not doing anything wrong but it MAY get people arrested that can go around the system otherwise as stated by NLIRG. Just think, if they run the prints and make more arrests maybe a few more criminals will be taken off the street. If just a few are arrested then why not support the program? If you have nothing to hide then you should SUPPORT this program....and Texie...If someone is drinking and driving they should blow...they should say.."yes, i'm drinking and driving...yes I'm putting my life and others life at risk...take me in officer"....not...I don't wanna blow and hopefully I'll beat the charge in court....

Well I know that you don't have many friends that are officers........ otherwise you wouldn't feel like that............ smart ones don't blow..... I'm drink at home - doesn't affect me anyway - but Texas officers I know and there are 2 forces worth....... say keep your mouth shut and stay off the breathalizer............ that's what they do when and if they get pulled over...... ( yes there are plenty that do...... it's a very stressful job and they don't always get a ride home cause of who they are )but hey big fella...... do what ya want!! I just think the only way to measue blood / alcohol......... is with blood.............that's my 30 year nursing take on it....... the blow machine is too easy to beat and too easy to fail........

I don't have any problem if I can't prove my identity and there is a reason to suspect I'm someone they feel is wanted. Otherwise......... the only fingers they get are the fingers it takes to say

As a cops mom I am more than willing to be helpful............ not stupid - I figure there are plenty of criminals around worth thier time....... it's just best if they don't ask for my prints...... or to search my car - I have nuthing to hide but the burden of proof is on them not me - so truth is I don't have to prove nor will I probably ever need to prove I'm an OK person. They can tell by lookin at my old lady buick........... they got better things to do than jack me up...........

[NoLongerInRadioGuy]

As far as taking a breath test goes, if the officer (in Kansas) had enough probably cause to arrest you for DUI, then it is in your best interest to ake any and all tests he then requests. As it was earlier stated I believe, if you are arrested for DUI and refuse to take a breath test as requested by an LEO, then you can say good bye to driving for a year. I believe this even applies if you take the DUI to court and are found not guilty. When you sign your DL, there are certain things you agree to, one of those being submitting to breath/blood/or urine tests to determine if you are under the influence when operating a motor vehicle. By signing then and then refusing to do it, the state is gonna take your license.

With breath vs blood...it is widely known that a blood test will more than likely show a higher concentration than a breath test will. However, the Intoxilyzer 5000 is the instrument the Kansas Dept of Health and Environment has designated as accurate in measuring alcohol concentration based on breath. A breath sample is much easier and faster to get than going to the hospital, packaging the blood sample, and sending off to the KBI for reading.

Also - just because you refuse a breath test, dont think you would get out of a DUI. DUI's can be proven in Kansas by two means - the per se law, which says if someone is over .08 BAC and operating a vehicle, they are DUI. The other is to show the person could not safely operate a vehicle because of alcohol and/or drugs in their system. This comes into play when a vehicle is seen banging off of curbs, running red lights, sitting at green lights, weaving, etc, along with an odor of alcohol, bloodhot or watery eyes, admission to drinking, etc. Field sobriety testing shows if the person is physically impaired and officer have spent many hours in training to give and read the results of these tests. Everyone is different - someone who is .200 might seem to be able to drive just fine due to years and years of drinking, while another person might be .060 and cant stand up on two legs. Both could be considered DUI.

[NoLongerInRadioGuy]

Oh and Texie...I gotta say...as an Officer, I know better than to drink and drive, not to take the chance and then keep my mouth shut if I get pulled over. I would hope most officers are the same - DUI is a VERY serious offense and cops (of all people) should realize this and have enough respect for themselves not to do this, not to mention having respecting for your fellow officers to not put them in the situation as to arresting you or not.

[TexKan]

When you sign your DL, there are certain things you agree to, one of those being submitting to breath/blood/or urine tests to determine if you are under the influence when operating a motor vehicle. By signing then and then refusing to do it, the state is gonna take your license.
Refusing a blow test and requesting a blood test is not refusing....... it's choosing. The time it takes you to get me to the test is time in my favor. Drunk is drunk........ what degree doesn't matter - even in the eyes of the court. Why would I blow when you might not be certified to do the field sobriety - not every officer is - more time on my side. Every bit of time I get is time for my blood alcohol to lower. It's time my liver has to work on the level. If I'm tired comming home from work and you think I'm drunk - I gauntee ya there's gonna be trouble. I just don't blow for breathalizers - period. Just cause some cowboy cop thinks I should doesn't mean it's in my best interest. That's what lawyers are for. PS...... my license doesn't have anything but my signature...... no agreement - just a signature. Asignature can't take your license - a state law can.

A breath sample is much easier and faster to get than going to the hospital, packaging the blood sample, and sending off to the KBI for reading.

Easier for the DA,easier for the officer, not the best move for the driver.

Hope there are cameras in all the cars - you need evidence to prove the DUI. I have the utmost respect for ya NLIR - but in this case what you are saying is best for you not necessarily the offender that is looking for a way out. The question is not - is he drunk???............ the question is what will slow down your process, throw a kink in your effort to just have a nice clean arrest. Not everyone thinks they should just give in cause you feel your arrest is a good one and warrented. Cops usually do not blow - hell they usually get a ride home - but not all of them do. When they are charged the evidence is not a breathelizer it's a blood test and there is usually an attorney there to dispute the whole thing.

That goes on everyday here in Texas. Hell we got lawyers that only do DUI's. There are alot of drivers down here that would give ya'lls cops a run for thier money. Too many smart ass drivers as it is...... give em a few beers and you can bet there ain't gonna be no blowin.......unless a cop tries to convince them it's "to thier bennifit".......... that means - "it makes my job easier"

Nope aint' blowin, ain't makin it easy by bein stupid......... course I don't drink and drive anyway so it doesn't matter - but for folks that are in the know around here the answer is and still remains........ Don't Blow..... any cheap ass attorney will tell ya that. I don't think the info shared by at least 2 differnet forces, bout 30 cops at family event with beer flowin would be wrong. I appreciate your take on this NLIR....... but IF I drank and drove and you caught me....... I would be the one that you lost.......
ask a lawyer..... that isn't prosecuting the case.... depends on how you ask folks...... is it best for YOU or ME................ I'm takin ME everytime when it comes to DUI's........ that's how folks like Turner held onto his licesnse for so long........ I'm guessin he's still sober and well ( I really like that guy) but he was the drunkest, drivinist SOB I ever saw. So I don't think DC is tooooo serious bout DUI's except for a select few. ANd the real stupid who believe that the arresting officer is gonna give you real good advice on how to NOT incriminate yourself.... Hell even my own son would say the same thing to a drunk he was tring to arrest............. but it's not what cops say amongst themselves........ sorry NLIR........

[Highwayman]

What rubs me the wrong way on DUI laws is normally the wording isn’t driving a motor vehicle; it’s operating a motor vehicle. That means if you walk out of a bar and decide you shouldn’t be driving and want to sleep it off in the car, don’t run the engine for the heater. Even if you never put the car in gear, even if it’s on private property, you just operated that vehicle by starting it and you can be busted. The intent of the law is to keep drunks off the road. When a drunk is busted for sleeping in a parking lot, that’s just harassment and revenue generation.

[Army_of_One]

Yup...I think it's called Actual Physical Possession or used to be. It's where u have possession of the keys and therefore the car. Best thing to do is give the keys to someone else and then sleep in the car....just hope it's not cold....

[lurker]

Some remote starters will also run the engine if temperatures get below, or even above, a predetermined point to keep the car warm, or cool and the motor will quit if the brake's pressed.

In that situation, I think the court would / should recognize the car as operating itself.

[Highwayman]

Originally Posted by lurker

In that situation, I think the court would / should recognize the car as operating itself.

One thing the courts recognize very well is your dollars and its ability to separate you from them.