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re: Ole Miss: Two players arrested.
Posted on 1/22/15 at 2:50 pm to Tornado Alley
Posted on 1/22/15 at 2:50 pm to Tornado Alley
quote:
I never said it was a charge.
I never said it was a charge. It will show up on your record as an implied consent though.
Posted on 1/22/15 at 2:51 pm to BigOrangeBri
Dude you're missing my point. Now read carefully, because I agreed to the field sobriety test he had zero authority to arrest me. You can choose one or the other in Mississippi. So no, I am not "lucky he didn't arrest me". I just know how to pass the frick out of a field sobriety test.
Posted on 1/22/15 at 2:52 pm to pankReb
Wish he would have arrested you.
Posted on 1/22/15 at 3:00 pm to RebBearShark
quote:
Dude you're missing my point. Now read carefully, because I agreed to the field sobriety test he had zero authority to arrest me. You can choose one or the other in Mississippi. So no, I am not "lucky he didn't arrest me". I just know how to pass the frick out of a field sobriety test.
IT DOESNT MATTER IF YOU PASSED. If he has reason to believe( you turning down the breathalyzer and he obviously smelled alcohol) then he can arrest you. You would then be looking at a DUI with implied consent. The implied consent gives the lawyer more room to get the DUI dropped to a reckless driving, but could have been shitty for you either way. Especially, since you said you were shitfaced. You should be saying thank you, not frick them
Posted on 1/22/15 at 3:01 pm to DMagic
quote:
OPD leading the nation in disorderly conducts
Disorderly conduct is the go-to charge for a OPD gestapo agent that is having a bad day and resents it when someone is having a good day. this charge also comes in handy when revenue generation is the primary objective.
Posted on 1/22/15 at 3:10 pm to BigOrangeBri
"Somehow and thankfully I passed and didn't get a DUI. Assholes still gave me a seatbelt ticket. That's the only run in with OPD I've had. I guess they were cool for not throwin my arse in jail but I've heard enough stories from my friends and others to confidently say frick OPD."
Did you even read my post?
Did you even read my post?
This post was edited on 1/22/15 at 3:11 pm
Posted on 1/22/15 at 3:14 pm to DMagic
It's MSUs evil plot to send graduates to oxford to be police and make life miserable for OM students
Posted on 1/22/15 at 3:15 pm to BigOrangeBri
quote:In Ms, it's called "DUI Refusal" when you refuse to take a breathalyzer. Implied consent is just the concept that if you drive on public roads then the consent is implied that you will comply with said laws, i.e., submit to a field sobriety and/or breathalyzer.
When you refuse the breathalyzer they can charge you with implied consent. Which is basically the same punishment as a DUI
DISCLAIMER: I am not a lawyer.
Posted on 1/22/15 at 3:21 pm to BigOrangeBri
That's not what the law you have linked states.
Posted on 1/22/15 at 3:30 pm to Diamondawg
I have a family member who is a lawyer and he has told friends and family that even if they aren't drunk to ALWAYS refuse a breathalyzer test. So apparently it's better to be taken in for refusing one in Mississippi than taking one with the risk of getting a DUI.
Posted on 1/22/15 at 3:30 pm to RebBearShark
quote:
"Somehow and thankfully I passed and didn't get a DUI. Assholes still gave me a seatbelt ticket. That's the only run in with OPD I've had. I guess they were cool for not throwin my arse in jail but I've heard enough stories from my friends and others to confidently say frick OPD."
"Assholes still gave me a seatbelt ticket"
"frick OPD"
Posted on 1/22/15 at 3:33 pm to BigOrangeBri
The part saying it doesn't matter if he passed. The law you linked and copy/pasted states that when testing is refused (including field sobriety test), then officer can make arrest based upon reasonable suspicion.
Because he submitted to testing, and passed, he cannot be arrested under the implied consent law, because he has done what he had consented to do as a license carrier
Because he submitted to testing, and passed, he cannot be arrested under the implied consent law, because he has done what he had consented to do as a license carrier
Posted on 1/22/15 at 3:34 pm to Henry Jones Jr
It just gives the lawyer a better chance of getting the DUI dropped to a lesser charge.
Posted on 1/22/15 at 3:37 pm to TMRebel
quote:
Ole Miss: Two players arrested. The part saying it doesn't matter if he passed. The law you linked and copy/pasted states that when testing is refused (including field sobriety test), then officer can make arrest based upon reasonable suspicion. Because he submitted to testing, and passed, he cannot be arrested under the implied consent law, because he has done what he had consented to do as a license carrier
But he can still be arrested if the officer thinks he's intoxicated. Even if he passed, but in most cases the cop would just say he didn't pass. Either way, dude got lucky.
Posted on 1/22/15 at 3:40 pm to Henry Jones Jr
quote:If you know you could pass one then I think that is bad advice. If you aren't sure, then yes. I have heard the same thing from DUI attorneys. You still get a DUI refusal though. Had this guy above passed the field sobriety test but then they insisted on a breathalyzer and he refused, he would have gotten a DUI refusal. Apparently, they felt like he was OK after the field sobriety even though he admitted to being "shite faced". Moral of the story is: Never drive when you are shite faced!
I have a family member who is a lawyer and he has told friends and family that even if they aren't drunk to ALWAYS refuse a breathalyzer test. So apparently it's better to be taken in for refusing one in Mississippi than taking one with the risk of getting a DUI.
Posted on 1/22/15 at 4:56 pm to Diamondawg
quote:
If you know you could pass one then I think that is bad advice. If you aren't sure, then yes. I have heard the same thing from DUI attorneys. You still get a DUI refusal though.
This. If you refuse a breathalyzer in Mississippi, it's an auto suspension of your license and you are basically given a DUI anyways. If you are sober, you should do you like sorant's mom and blow.
Posted on 1/22/15 at 5:25 pm to sharpSee
Richard Cross: "I've already sampled some message boards on this and I just want to say that I am sick of reading about a supposed over zealous police force, it's just not true"
Alright, who on this board is Richard?
Alright, who on this board is Richard?
Posted on 1/22/15 at 5:31 pm to skirpnasty
I imagine most cops recognize football players and athletes more easily, especially in a small town like Oxford. As a result, they may pay more attention to them. I don't think OPD targets athletes specifically.
Posted on 1/22/15 at 5:34 pm to skirpnasty
SUCK IT, RICHARD CROSS.
I bet Richard Cross is actually Fireman.
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