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Posted: 11/14/2001 4:39:49 PM EDT
[#1]
Heres another hypothetical. Say your pulled over in a "Safety Check" and the officer askes you if you have been drinking. You havent and answer"no" He asks if you would submit to breathilyzer and you refuse. What then?
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Posted: 11/14/2001 6:30:51 PM EDT
[#2]
Quoted: Here's a few better tactics. If your DUI and in an accident with no injuries and your car is driveable. Exchange information make sure the other party has help on the way and leave before the Cops get there. Don't go home but get off the streets. Call to report the crash within 24 hours. In Ohio you are obligated to exchange information and report a crash within 24 hours. A cite for leaving the scene of an accident with no injuries after exchanging information is much easier to beat than a DUI. If your DUI and in a crash and your car is disabled, run don't walk to the nearest bar and down as many drinks as you can before the Cops get there. Make sure someone at the scene knows where your going and help is on the way for anyone who needs it. If you are alone, just call from the bar and report the crash. If your stopped for a traffic violation and are DUI, refuse any tests. You most likely will be able to plea to reckless operation. Best advice? Don't drink and drive. This wont work in NY. Here, you are required to report an accident immediately upon being able to do so. Either at the scne or by going immediately to a police station or upon returning home.There is no 24 hour window. And your tactic of running to the bar would be leaving the scene of an accident and failure to report it in a timely manner as mentioned above. If you want to play that game, we can also go over the car with a fine tooth comb and write every citable infraction we can find. Better to not drink and drive. |
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Posted: 11/14/2001 6:37:09 PM EDT
[#3]
Quoted: There ain't no way a .08% BAC is drunk. AS indicated on a previous DUI thread I posted on, a .08 BAC is a 170 lb man drinking 5 beers in an hour on an empty stomach. How could that NOT be considered drunk? |
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Posted: 11/14/2001 6:42:37 PM EDT
[#4]
Quoted: Heres another hypothetical. Say your pulled over in a "Safety Check" and the officer askes you if you have been drinking. You havent and answer"no" He asks if you would submit to breathilyzer and you refuse. What then? You would be arrested in this state. |
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Posted: 11/14/2001 6:43:45 PM EDT
[#5]
In Utah, this is right. You ABSOLUTELY have the right to refuse the breath/sobriety tests. Then the state will ABSOLUTELY take your drivers license away for a year.
crash. Quoted: I was thinking about this the other day. If you refuse the sobriety test, which is supposed to be your right, you forfeit your license. Once forfeited, and sobriety test refused, the car will be towed and you can terminate contact with the police. If the degree of your intoxication is such that to an observer (policeman) you appear drunk he can arrest you, but that testimony alone would be the only evidence against you. Any lawyers or legal experts opinions? |
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Posted: 11/14/2001 6:44:49 PM EDT
[#6]
Quoted: Quoted: There ain't no way a .08% BAC is drunk. Debateable..but it is impaired!!! And impaired driving causes accidents!!! sgtar15 Impaired? [b]What kind of B.S. is that?[/b][:(!] I'll tell you - Revenue B.S. It's all about Gov't entities making money. Let's make a short list of things that impair people: Concentrating on other things Age Stress Sleep Illness Blood sugar Allergies Pain Emotions Genetics Guess what? Alcohol is the only one they can make money off of. What is the minimum reaction time needed to drive a car? Answer: There isn't one because it is humanly impossible to react fast enough to avoid every hazard. So, we can go on trying to figure out ways of sucking money out of people for these other things too since [stupid voice] Impairment is bad, OK?[/stupid voice] Let's face it, unless someone is having problems maintaining, these laws are just crass pursuits of money that border on thievery. The chances that you aren't [i]in some way[/i] impaired right now are so slim as to be ludicrous! |
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Posted: 11/14/2001 6:45:20 PM EDT
[#7]
Alcohol doesn't kill.................
............ operating motor vehicles under the influence of Alcohol Kills. [img]www.ar15.com/members/albums/SGB%2Fpig%2Egif[/img] Do you want to be a BLUE LIGHT SPECIAL ? |
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Posted: 11/14/2001 7:41:41 PM EDT
[#8]
Let's make a short list of things that impair people: Concentrating on other things > Age Uh oh, I'm 73. > Stress I've been at work now for 24 hours straight. I guess I'm stressed. > Sleep See above. > Blood sugar It's got to be high after all the Cokes I've had. > Pain My legs already hurt thinking about the 6 mile jog home in the cold. > Emotions I'm upset I don't get paid more. :) > Genetics No comment. I guess it's a good thing I don't have a working car now. According to the above list, I'm [b]dangerous[/b].z |
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Posted: 11/14/2001 8:12:17 PM EDT
[#9]
Quoted: Anyone who plans to DUI is a moron. [beer] |
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Posted: 11/14/2001 8:13:48 PM EDT
[#10]
Quoted: Quoted: Ask for a trial by jury. It's your only hope. I beat a DUI rap by going to a jury trial. The arresting officer slipped while demonstrating on video how to walk the straight line. Case dissmissed!!! Oh, let me congratulate you.......irresponsible as*hole. |
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Posted: 11/14/2001 8:17:21 PM EDT
[#11]
Quoted: Just a footnote... Nobody was or is planning on getting a D.U.I. The situation is hypothetical, driving drunk is f*ckin' stupid. By the way, any of you ever drive a car after throwing back a few? Thought so. In your original post you said; A friend was telling me his plan in the event he would ever be pulled over for driving while intoxicated. That sounds like a plan, not a hypothetical. |
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Posted: 11/14/2001 8:23:19 PM EDT
[#12]
Quoted: think about how a breathalyzer works, think hyperventilation. This works. I wouldn't recommend it. If I have to go through more than 2 observation sessions (per policy), I consider it a refusal, and no more license for 1 year. |
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Posted: 11/14/2001 8:24:15 PM EDT
[#13]
Quoted: By the way, any of you ever drive a car after throwing back a few? Thought so. Nope, its not worth my career, or my license |
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Posted: 11/14/2001 8:55:14 PM EDT
[#14]
Quoted: I give him about enought time in the car that it takes me to call for cover, and get a sgt over there. With the PC for the stop, and being able to see the bloodshot watery eyes, slurred speech, and any odor from the small crack in the window, I have plenty to bust the window and take him to jail for obstruction. Dumb idea if you ask em. So if he does as he says and never speaks, and only opens the window 1/16" to slide a lincense through the window, and never makes eye contact, you've got nothing. Everyone go to: [url]http://www.roadsiderights.com/[/url] |
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Posted: 11/14/2001 9:01:54 PM EDT
[#15]
Quoted: Quoted: think about how a breathalyzer works, think hyperventilation. This works. I wouldn't recommend it. If I have to go through more than 2 observation sessions (per policy), I consider it a refusal, and no more license for 1 year. So you make yourself new laws on the roadside, you are the fucking State Legislature and Governor all rolled into one. Keep in mind, no one elected you, buddy. |
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Posted: 11/14/2001 9:04:40 PM EDT
[#16]
Quoted: Heres another hypothetical. Say your pulled over in a "Safety Check" and the officer askes you if you have been drinking. You havent and answer"no" He asks if you would submit to breathilyzer and you refuse. What then? Bingo, Saftey Checks are feel good fundraisers for the City. Technically, they need PC big time for a breatalyzer, ie. a field sobriety test, which you may legally refuse. But of course the big problem with this shit is the mindset: Well, sure you aren't driving eratically, but I think I will harass you anyways, and who knows maybe we will get a $1000 fine out of it. |
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Posted: 11/14/2001 9:05:18 PM EDT
[#17]
Quoted: Quoted: Just a footnote... Nobody was or is planning on getting a D.U.I. The situation is hypothetical, driving drunk is f*ckin' stupid. By the way, any of you ever drive a car after throwing back a few? Thought so. In your original post you said; A friend was telling me his plan in the event he would ever be pulled over for driving while intoxicated. That sounds like a plan, not a hypothetical. Asshole....it's my post, and my intent. If I say it's hypothetical then that's what it is. Got it? |
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Posted: 11/14/2001 9:10:51 PM EDT
[#18]
Garmentless has it correct the .08%BAC is nothing more then a money maker for the government entities. If a person was willing to drive drunk at .1%BAC then he is still going to drive with the new law. I haven't heard a single person say they were going to stop having a couple of beers with dinner because the new laws. These DUI laws are getting out of control they are almost as bad as gun control. The municipality were I live will take your car (note not impound but take and sell) for a .08% Here another one maybe someone can explain to me. How come a person kills some after drink a couple of beers spends 20+ years in jail were the next day some one falls a sleep at the wheel kills some one in a wreck and get a slap on the wrist. These laws don't make sense any more. I don't drink and drive nor do I condone it I just think we need to get back to have a little common sense with the laws. Clinth |
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Posted: 11/14/2001 9:12:46 PM EDT
[#19]
Well, if it makes all of you .08% whiners feel any better, it is .10 in colorado for impairment
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Posted: 11/14/2001 9:13:39 PM EDT
[#20]
Quoted: Heres another hypothetical. Say your pulled over in a "Safety Check" and the officer askes you if you have been drinking. You havent and answer"no" He asks if you would submit to breathilyzer and you refuse. What then? technically no, since the prelimanary breath test is not admissable in court. there could be other factors though, you never know... |
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Posted: 11/14/2001 9:19:41 PM EDT
[#21]
Quoted: Quoted: Quoted: Ask for a trial by jury. It's your only hope. I beat a DUI rap by going to a jury trial. The arresting officer slipped while demonstrating on video how to walk the straight line. Case dissmissed!!! Oh, let me congratulate you.......irresponsible as*hole. Have you ever sped?....You irresponsible as*hole. |
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Posted: 11/14/2001 10:27:14 PM EDT
[#22]
Quoted: Impaired? [b]What kind of B.S. is that?[/b](!] I'll tell you - Revenue B.S. It's all about Gov't entities making money. Yes, anytime anyone takes even 1 drink they become impaired! I agree with you that alot of the laws pertaining to DUI are revenue enhancers, but that's all. Your list is also correct in that there are many other things that affect a drivers concentration, which just proves my point. With everything elsegoing on inside a car, driving under the influence just makes things worse. And the main point I would like to makle about all of this: A lot of people who disagree with DUI laws disagree because they drink and drive often, not because of any other reason!! And point #2: DUI accidents almost always result in the injury of innocent people, [b]yet rarely does the drunk who caused the accident get hurt!![/b] And when they do get caught, the courts give them a slap on the wrist will the injured is often dead or injuried for life. Does this seam fair to you? Don't drink a drive...period!! And not because it's against the law or that you might get caught. But because it is the right, smart and moral thing to do. If you think you have the "right" to drink a few beer and then drive a car, or that you are "okay to drive" after you "only had a few"....then sir you are a moron!!! [-!-!-] Drunk Drivers!! Sgtar15 PS And BTW. Most men in their early/middle 20's usually over-estimate thier own abilities.....especially when it comes to drinking and driving!! |
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Posted: 11/14/2001 10:50:23 PM EDT
[#23]
Quoted: Quoted: There are numerous other types of nystagmus but horizontal gaze nystagmus cannot be influenced by stress, asprin, caffeine, etc. But it can be influenced by a lack of sleep. Same symptoms as being drunk. Red eyes, again, lack of sleep. But that's beside the point: Don't ever blow or submit to any sobriety tests. Refusal may get your license suspended longer, but there is no jail time and insurance isn't affected as much. Besides, they always give allowances for driving to work (if you've never been convicted before anyway). Yes lack of sleep can produce red eyes but it will not induce nystagmus. |
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Posted: 11/14/2001 10:59:36 PM EDT
[#24]
Quoted: jadams951- This is oversimplified, but in short, everyone has a natural jerkiness in the eyes. This jerkiness is affected by the natural things as mentioned, but it is especially aggravated by alcohol and some drugs. The more you drink, the more your eyes twitch as they follow a stimulus. There is also aggravated jerkiness at the far extent of travel (in the corner of the eye)and jerkiness at a point before a 45 degree angle. It's very clear when a person has been drinking, and many officers with experience can tell you within a small degree of error the BAC level of the person before they blow in a machine. It's very accurate. It can't be beaten, and only a small percentage of the population has a severe natural nystagmus. It is not the only test used however, and with other tests that have specific clues to determine impairment the officer can make the arrest decision. For the guy with parkinson's, I have heard of a guy that had it happen to him twice by a not so smart officer, and if he'd had the Nystagmus test to use that may have been avoided. Hmmm...not trying to sound like a smart ass but sounds pretty much like what I typed earlier. I'm well aware of the 3 clues on the HGN: Lack of smooth pursuit, distinct nystagmus at maximum deviation, and onset of nystagmus prior to 45 degree angle. |
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Posted: 11/14/2001 11:21:07 PM EDT
[#25]
Quoted: jackofalltrades-One beer will not make you .10 or .08, so proving you were intoxicated through expert testimony is no problem. And testimony showing that the driver was the only one in the vehicle, no drivers switched, it was in motion with the def behind the wheel, etc.. will not be tough to still prove OWI, and might even provide the basis for an Obstructing charge (which is a criminal record) for the drinking of the beer that way. Not a good idea from that attorney. I'd like to see him win in my state... Thats why I said [b]Don't know if its true, or works,[/b][beer] |
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Posted: 11/15/2001 4:14:04 AM EDT
[#26]
The logic escapes me here.I haven't been drinking. I don't exhibit any signs of intoxication. I have told the truth to the officer. And yet if I refuse the test I can be arrested?There seems to be a catch 22 here.Could it be that DUI ordanaces are used more to raise revenue than to insure public safety? This seems more likely the case.
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Posted: 11/15/2001 6:30:00 AM EDT
[#27]
quote from dacor9
Oh, let me congratulate you.......irresponsible as*hole.[/quote] KISS MY FAT (275lb) ASS !!!!!!!!!! YOU SOUND LIKE A DAMN LIBERAL!!!!!!!!! |
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Posted: 11/15/2001 6:46:44 AM EDT
[#28]
Quoted: I wouldn't recommend it. If I have to go through more than 2 observation sessions (per policy), I consider it a refusal, and no more license for 1 year. WTF is an "observation session"? most all of you cops aren't a hundredth as "observant" as you like to type that you are here. And if more than 2 is per policy, then why is it that YOU consider it to be a refusal? wouldn't it be the policy that considers it? take your smoke blowing and make believe shit back to mallsecurity.com |
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Posted: 11/15/2001 8:52:51 AM EDT
[#29]
Quoted: Quoted: Quoted: Just a footnote... Nobody was or is planning on getting a D.U.I. The situation is hypothetical, driving drunk is f*ckin' stupid. By the way, any of you ever drive a car after throwing back a few? Thought so. In your original post you said; A friend was telling me his plan in the event he would ever be pulled over for driving while intoxicated. That sounds like a plan, not a hypothetical. Asshole....it's my post, and my intent. If I say it's hypothetical then that's what it is. Got it? hahahA........YOU MAKE NO SENSE........moron. |
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Posted: 11/15/2001 8:57:01 AM EDT
[#30]
Quoted: Quoted: Quoted: Quoted: Ask for a trial by jury. It's your only hope. I beat a DUI rap by going to a jury trial. The arresting officer slipped while demonstrating on video how to walk the straight line. Case dissmissed!!! Oh, let me congratulate you.......irresponsible as*hole. Have you ever sped?....You irresponsible as*hole. First of all, no I don't speed, why should I? Second, how can you throw speeding and drunk driving into the same loop, thats ridiculas. Your talking about apples and oranges, your comical! |
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Posted: 11/15/2001 9:02:50 AM EDT
[#31]
Quoted: quote from dacor9 Oh, let me congratulate you.......irresponsible as*hole. KISS MY FAT (275lb) ASS !!!!!!!!!! YOU SOUND LIKE A DAMN LIBERAL!!!!!!!!! Another comic....you said liberal....HAHAHA, noooo, I just don't like it when drunks kill innocent people for there enjoyment of getting drunk and there pure stupidity, selfishness and irresponsiblity of driving while drunk. A liberal would let the drunk driver go, I wouldn't. |
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Posted: 11/15/2001 12:22:46 PM EDT
[#32]
Garmentless got it right, DUI is a scam to make money. I fully support anyone who subverts the system in any way. I severely question anyone who posts "don't drink and drive, asshole" as their contribution to this discussion. You have come off sounding like a typical product of the public school system--brainwashed. Nevermind that cold medicine or more often, a cell phone, can impair someone's usually already bad driving just as much as alcohol.
Drinking and driving is not a crime unless you injure someone or damage someone else's property. |
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Posted: 11/15/2001 1:36:18 PM EDT
[#33]
dacor9....
What exactly doesn't make sense, you simple mother f*cker? If it was a conversation I had with my buddy, I think I'd be best qualified to determine if it was in a hypothetical sense. Who the f*ck plans to get a D.U.I. anyway? You're 8 posts in to your membership here and already shootin' your mouth off like some little bitch. Looks like AR15.com has found its newest troll.[kill] |
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Posted: 11/15/2001 2:00:08 PM EDT
[#34]
Quoted: Garmentless got it right, DUI is a scam to make money. I fully support anyone who subverts the system in any way. I severely question anyone who posts "don't drink and drive, asshole" as their contribution to this discussion. You have come off sounding like a typical product of the public school system--brainwashed. Nevermind that cold medicine or more often, a cell phone, can impair someone's usually already bad driving just as much as alcohol. Drinking and driving is not a crime unless you injure someone or damage someone else's property. Thanks, but I'd rather be proactive and get them off the road BEFORE they kill a busload of nuns or your kid bicycling down the road. Impaired drivers are a threat before an accident. I agree that some of the other things you mentioned..cell phones, doing makeup, twisting the radio knobs..are all pretty much covered under various sections of the vehicle and traffic laws of most states as something along the line of "inattentive driving". Bottom line is, too many Americans have gotten lazy in their driving skills and don't take proper care when driving, and a lot most likely shouldn't be behind the wheel. Noone was born with an ignition key in their hand. Take it away if you can't drive safely. |
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Posted: 11/15/2001 2:09:47 PM EDT
[#35]
Quoted: Quoted: quote from dacor9 Oh, let me congratulate you.......irresponsible as*hole. KISS MY FAT (275lb) ASS !!!!!!!!!! YOU SOUND LIKE A DAMN LIBERAL!!!!!!!!! Another comic....you said liberal....HAHAHA, noooo, I just don't like it when drunks kill innocent people for there enjoyment of getting drunk and there pure stupidity, selfishness and irresponsiblity of driving while drunk. A liberal would let the drunk driver go, I wouldn't. You obviously know whats best for everyone on this thread. Why don't you take your 8 posts total and go troll some other website? |
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Posted: 11/15/2001 2:50:49 PM EDT
[#36]
Quoted: Quoted: Quoted: Quoted: Quoted: Ask for a trial by jury. It's your only hope. I beat a DUI rap by going to a jury trial. The arresting officer slipped while demonstrating on video how to walk the straight line. Case dissmissed!!! Oh, let me congratulate you.......irresponsible as*hole. Have you ever sped?....You irresponsible as*hole. First of all, no I don't speed, why should I? Second, how can you throw speeding and drunk driving into the same loop, thats ridiculas. Your talking about apples and oranges, your comical! While I may be 'ridiculas', speeding causes more fatal accidents than drunk driving (Look at statistics for highway traffic versus low speed, and compare that number to the 30% of fatal accidents involving drunk driving). Second, I don't believe a goddamn thing you are saying, you don't speed? Bullshit, don't tell me your car never exceeds the posted limit. |
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Posted: 11/15/2001 3:14:53 PM EDT
[#37]
I've drank and drove...but have never driven drunk. being well over 200 lbs for awhile, and being a social drinker, I am very confident IF I had ever been anylized while driving it would have been a negligable reading. I always eat while I'm out drinking, I rarely drink two drinks an hour, and I always end up talking and drinking water after we've been done eating drinking before we leave. size does matter when you drink.
No_Expert |
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Posted: 11/15/2001 4:42:47 PM EDT
[#38]
Quoted: Second, I don't believe a goddamn thing you are saying, you don't speed? Bullshit, don't tell me your car never exceeds the posted limit. Maybe he really doesn't Illini. If so he's one of those idiots that cause accidents by not moving with traffic. I can see him in the left lane now.. |
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Posted: 11/15/2001 5:34:44 PM EDT
[#39]
Quoted: Drinking and driving is not a crime unless you injure someone or damage someone else's property. Interesting thinking |
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Posted: 11/16/2001 1:43:19 AM EDT
[#40]
Quoted: The muscles that control the movement of your eyes are some of the weakest muscles in your body and thus they are among the first to become effected by alcohol. They're also among the first to be affected by caffeine, aspirin, nicotine, stress, motion sickness, the flu, eyestrain from looking at the sun, ear infections, etc.. My wife helps kids with this problem, and she just gave me the above list off the top of her head of things they check for. Having them avoid caffeine and aspirin will often help the problem enough so that the kids can read. For some, having their parents drive the kids to school, rather them ride the bus helps (less bumping around). Also, being gentle with the child helps, because stress exacerbates the problem. Being stopped by a LEO is stressful by itself, so how can a condition caused by stress and many other factors be an indicator of blood-alcohol level? Again, I don't drink, and I haven't been around that many people that do, but I'm still curious as to what this has to do w/ a DUI.z Actually HGN (horizontal gaze nystagmus) is a very effective guage of intoxication. I believe NHTSA rates it at 70%. My experience is a little higher than that. HGN combined with the other two standard tests (one leg stand & 9 step walk and turn) are extremely effective. Strong vertical nystagmus is usually an indication of other substances. |
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Posted: 11/16/2001 9:17:38 AM EDT
[#41]
Quoted: Quoted: Second, I don't believe a goddamn thing you are saying, you don't speed? Bullshit, don't tell me your car never exceeds the posted limit. Maybe he really doesn't Illini. If so he's one of those idiots that cause accidents by not moving with traffic. I can see him in the left lane now.. No way....no f'n way. Even the popemobile speeds (I imagine). |
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