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re: Ole Miss: Two players arrested.

Posted on 1/22/15 at 2:50 pm to
Posted by BigOrangeBri
Nashville- 4th & 19
Member since Jul 2012
12330 posts
Posted on 1/22/15 at 2:50 pm to
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 by RebBearShark
Member since Jul 2014
164 posts
Posted on 1/22/15 at 2:51 pm to
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 by Dick Leverage
In The HizHouse
Member since Nov 2013
9000 posts
Posted on 1/22/15 at 2:52 pm to
Wish he would have arrested you.
Posted by BigOrangeBri
Nashville- 4th & 19
Member since Jul 2012
12330 posts
Posted on 1/22/15 at 3:00 pm to
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 by REBSontheRISE
Member since Nov 2008
4420 posts
Posted on 1/22/15 at 3:01 pm to
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 by RebBearShark
Member since Jul 2014
164 posts
Posted on 1/22/15 at 3:10 pm to
"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?
This post was edited on 1/22/15 at 3:11 pm
Posted by deltaland
Member since Mar 2011
90877 posts
Posted on 1/22/15 at 3:14 pm to
It's MSUs evil plot to send graduates to oxford to be police and make life miserable for OM students
Posted by Diamondawg
Mississippi
Member since Oct 2006
32352 posts
Posted on 1/22/15 at 3:15 pm to
quote:

When you refuse the breathalyzer they can charge you with implied consent. Which is basically the same punishment as a DUI

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.
DISCLAIMER: I am not a lawyer.
Posted by TMRebel
Oxford, MS
Member since Feb 2013
5430 posts
Posted on 1/22/15 at 3:21 pm to
That's not what the law you have linked states.
Posted by BigOrangeBri
Nashville- 4th & 19
Member since Jul 2012
12330 posts
Posted on 1/22/15 at 3:27 pm to
What part?
Posted by Henry Jones Jr
Member since Jun 2011
68598 posts
Posted on 1/22/15 at 3:30 pm to
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 by BigOrangeBri
Nashville- 4th & 19
Member since Jul 2012
12330 posts
Posted on 1/22/15 at 3:30 pm to
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 by TMRebel
Oxford, MS
Member since Feb 2013
5430 posts
Posted on 1/22/15 at 3:33 pm to
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
Posted by BigOrangeBri
Nashville- 4th & 19
Member since Jul 2012
12330 posts
Posted on 1/22/15 at 3:34 pm to
It just gives the lawyer a better chance of getting the DUI dropped to a lesser charge.
Posted by BigOrangeBri
Nashville- 4th & 19
Member since Jul 2012
12330 posts
Posted on 1/22/15 at 3:37 pm to
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 by Diamondawg
Mississippi
Member since Oct 2006
32352 posts
Posted on 1/22/15 at 3:40 pm to
quote:

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.
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!
Posted by sharpSee
Hail Statement
Member since Oct 2011
6098 posts
Posted on 1/22/15 at 4:56 pm to
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 by skirpnasty
Atlantis
Member since Aug 2012
10781 posts
Posted on 1/22/15 at 5:25 pm to
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?

Posted by SwayzeBalla
Member since Dec 2011
19454 posts
Posted on 1/22/15 at 5:31 pm to
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 by Tornado Alley
Member since Mar 2012
26587 posts
Posted on 1/22/15 at 5:34 pm to


SUCK IT, RICHARD CROSS.

I bet Richard Cross is actually Fireman.
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