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9/22/2017 12:11:25 AM
Posted: 3/11/2006 10:09:57 AM EDT
We have started booking any bar/alcohol receipts we find on the suspect following a DUI arrest to use at trial to discredit the drivers statements/Rising BAC defense.

Been working out pretty good at trial when the PD argues the driver slammed a couple beers right before closing time, wasnt drunk when driving and only reached a .08% BAC sometime after the observed driving. Having a couple bar tab receipts date/time stamped from earlier in the night has blown those defense arguements out of the water.

Of course if Bartenders were willing to be witnessess and testify how much they served the defendant it wouldnt be necessary. But most bartenders wont rat out their customers.
Link Posted: 3/11/2006 10:16:20 AM EDT
I've never gotten a receipt from a bar or ever heard of anyone else getting one. If anything, I'd imagine if they had their card behing the bar held to keep a tab, but it wouldn't have the timestap from each drink on it, just a grand total.

If there was such an animal, I could see it being very handy in court.
Link Posted: 3/11/2006 10:30:25 AM EDT
I have never found any on someone. But that is one hell of a good idea, never really thought about that before.
Link Posted: 3/11/2006 10:50:56 AM EDT
What about the guy buying drinks for his friends, or the pretty girls down the bar?
Link Posted: 3/11/2006 11:31:48 AM EDT

Originally Posted By DDiggler:
What about the guy buying drinks for his friends, or the pretty girls down the bar?



Thats the obvious defense but like everything at trial it has to be taken into context of the entire investigation. I've found it really helpfull when you have receiptes for more than one bar spaced over a few hours. Juries frown on "bar hopping"when your driving.
Link Posted: 3/11/2006 12:15:53 PM EDT
tag for a good idea
Link Posted: 3/11/2006 12:18:39 PM EDT

Originally Posted By AR15fan:

Of course if Bartenders were willing to be witnessess and testify how much they served the defendant it wouldnt be necessary. But most bartenders wont rat out their customers.



In most states, it is unlawfull for a licensed bartender to continue to serve someone who they should reasonably suspect is intoxicated. That road leads to some 5th Amendment issues, does it not?

However, I think your tactic of taking recipts as evidence is a brilliant idea!
Link Posted: 3/11/2006 3:43:27 PM EDT

Originally Posted By nationwide:

Originally Posted By AR15fan:

Of course if Bartenders were willing to be witnessess and testify how much they served the defendant it wouldnt be necessary. But most bartenders wont rat out their customers.



In most states, it is unlawfull for a licensed bartender to continue to serve someone who they should reasonably suspect is intoxicated. That road leads to some 5th Amendment issues, does it not?

However, I think your tactic of taking recipts as evidence is a brilliant idea!



Great Idea. However I can see the "He bought the whole bar a round of drinks" defense.
Link Posted: 3/11/2006 10:44:47 PM EDT
When investigating a DWI fatality, if the DWI driver was coming from a bar, out DWI guys will get a warrant for the Def's bar tab as part of the case.
Link Posted: 3/11/2006 10:47:08 PM EDT
Sounds good, but never found a receipt on a duece................But I will look for those specificlally now. Thanks
Link Posted: 3/12/2006 5:37:09 AM EDT
My partner once arrested a guy for DWI. When she asked him (under miranda and after testing) how much he'd had to drink, he pulled from his pocket a bunch of beer bottle caps and started counting. His voice started to trail off as he was saying, "8, 9, 10 ,11, uh....12, uh....13..........."
Link Posted: 3/12/2006 6:15:35 AM EDT

Originally Posted By nationwide:
In most states, it is unlawfull for a licensed bartender to continue to serve someone who they should reasonably suspect is intoxicated. That road leads to some 5th Amendment issues, does it not?



5th amendment only keeps someone from providing testimony against oneself.


If you can find a reciept I think it is a great idea.
Link Posted: 3/13/2006 7:08:09 AM EDT

Originally Posted By nationwide:

Originally Posted By AR15fan:

Of course if Bartenders were willing to be witnessess and testify how much they served the defendant it wouldnt be necessary. But most bartenders wont rat out their customers.



In most states, it is unlawfull for a licensed bartender to continue to serve someone who they should reasonably suspect is intoxicated. That road leads to some 5th Amendment issues, does it not?



Not always. What if you pulled him over for a minor traffic offense, smelled booze, he flunked a test or two and HGN. Then he blows a .10%. He might not seem that drunk. A bartender might not think he's intoxicated when he left. It wouldn't be a 5th issue. On the flip side, you have professional drunks who can be over a .20% and pass most of the FST's. That wouldn't raise a 5th issue either.

And bar tabs is a great idea. Of course, it's always a good idea to go through their wallet, as an officer I know found out. He arrested a guy for being a prohibited possesser and when the jail went through the guy's wallet, they found a baggie of meth. Oooppps. :)
Link Posted: 3/14/2006 4:56:05 PM EDT
I did that once on an underage possession consumption case I worked, haven't used it for a DWI (then again, a DWI hound I am not). Interesting idea.
Link Posted: 3/14/2006 5:08:59 PM EDT
So I was showing this post to my Sgt. and we got into and argument about it. Well I did some research and this totally fits under the Supreme Court case Chimel v. California. Items allowed to be seized in search incident to arrest: 1)evidence of a crime, 2) contraband, fruits of crime, or other illegally possessed 3)property designed for use, intended for use, or used in committing a crime.

Well the reciept defiantly falls under #1, and could be considered fruits of crime. So I showed this to him, and he owes me a coffee now.

As I said in an earlier post, I have never thought if this before, but it defiantly is constitutional.

Be Safe
Link Posted: 3/14/2006 5:20:41 PM EDT

Originally Posted By justice23:

Originally Posted By nationwide:
In most states, it is unlawfull for a licensed bartender to continue to serve someone who they should reasonably suspect is intoxicated. That road leads to some 5th Amendment issues, does it not?



5th amendment only keeps someone from providing testimony against oneself.


If you can find a reciept I think it is a great idea.



Right. My reference was to the previous mention of calling bartenders as witnesses. IE, the bartender would say "Yes, I continued to serve SMITH after he was falling over drunk and had slurred speach and impared vision." That would be a 5A issue, that's my point, at least if the jurisdiction had such laws prohibiting serving intoxicated persons.
Link Posted: 3/14/2006 6:33:54 PM EDT
If you stopped someone who you suspected of driving under the influence of a drug, would you keep any drugs found on that person as evidence? Of course you would. True, the possession is a crime in its own right, but it also goes to prove that the person might be DUI. I don't see this as any different.
Link Posted: 3/21/2006 5:11:42 AM EDT
One of my co-workers asked a drunk to empty his pockets on camera in the bookign room and he dumped 18 beer bottle caps on the desk, claiming he kept them from each bottle he drank that night. Volunteered statement, pled guilty.
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