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Massachusetts judge bans use of Breathalyzer test in court

Discussion in 'Off-Topic' started by mikeyp, Jan 10, 2019.

  1. Rob Boudrie

    Rob Boudrie NES Member

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    Since the state will not tolerate open season for unpunished OUI, the new procedure will to bring charges based on non-measured factors so the person who has had one or two drinks can now go to court where the word of an obvious drunk (because the officer said so) will be measured against the word of a fine upstanding hero officer whose word cannot be questioned absent video evidence.
     

  2. JohnZ

    JohnZ

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    Don't forget the hour(s) of training they get to identify intoxicated people.
     
  3. Prepper

    Prepper NES Member

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    If I'm ever required to do that, I'm screwed. A while ago, my wife and I were watching something on TV where they were doing roadside olympics, and I got to wondering... can I actually do those tests? I have never actually tried. The one that looked really difficult was where you have to stand on one leg with another leg extended out a foot, while counting out loud to 30. I guess you're not allowed to put a foot down, wobble, or hold your arms out for balance. We both tried repeatedly, and failed miserably every time. I don't know what this test is supposed to prove, except "everyone is drunk even if they aren't."
     
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  4. Prepper

    Prepper NES Member

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    Hey, it is awesome training. When I was pulled over a few years back, the cop thought I was on drugs solely based on the fact that my pupils were already constricted before he shined the little pen light in my eyes. I'm sure it had nothing to do with it being an empty dark road at 2am with no other lights to make my pupils constrict, then all of a sudden there is a cop car right on my bumper with high beams, flashing blue lights, and spot lights all directed at me and the 3 mirrors reflecting back into my face.
     
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  5. rommel

    rommel NES Member

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    Field sobriety tests are designed to fail. Cops give you tests to do to distract you from the real test, listening to their instructions. Walking heel toe on the line is the distraction to the fact that the cop says take 9 paces then turn to the left and walk 10 paces back. If you walk not exactly 9 paces or turn right you just failed no matter how straight and stable a line you just walked.
     
  6. Prepper

    Prepper NES Member

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    That's the type of thing I'm talking about... given your example there, I would fail. I'm an engineer so I have to take things literally, and from that I can't tell what you're telling me to do. Turn left... how far? My first guess would be 90 degrees, which would actually be to my left and makes sense. If you meant rotate 180 degrees around to the left, that would be in back of me so I would assume that's not it. Then, assuming I turned left 90 degrees, what does "walk 10 paces back" mean? Back to where I started? Because, that won't take me back to where I started, whether I go 10 forward, or 10 backward... I would be forming an "L" pattern, not going "back" to anything. And, "exactly 9"... more specifically, I'm a software engineer, so I don't know if the current placement of my foot already counts as the first pace, or if I advance one and that's my first. It's your classic computer science problem of "does this array start at 0, or does it start at 1" type of thing.
     
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  7. Qwikdraw45

    Qwikdraw45 NES Member

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    Back in free (for now) NH...
    Exceptions include OUI cases in which there was death or serious injury and in cases where the defendant is facing a fifth or subsequent OUI offense.

    So, if it's a really serious case, it's still OK to use it to convict someone. Makes perfect sense.
     
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  8. Pete85

    Pete85

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    All I can picture is trying to program the Big Trak to navigate its way down the hallway and into the living room, without hitting anything, as a kid.
     
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  9. Prepper

    Prepper NES Member

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    I had forgotten about that. We were poor so I never saw one.... Wonder if I can get one today, that looks fun.
     
  10. bauer

    bauer NES Member

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    Open a bag of Funyuns. Inability to resist will be viewed as de facto evidence of being stoned
     
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  11. TLB

    TLB

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    That's why you refuse the roadside Olympics and unreliable tests you may be offered.
     
  12. rommel

    rommel NES Member

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    paves the way for this

     
  13. Howland

    Howland

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    This!

    I've done roadside Olympics twice and drove home both times. Even once when the trooper told me I had failed because I didn't follow directions, but since I had so much practice, would I like to try again.

    It helped that every test we'd heard of was a popular drinking game when I was a teenager. Most roadside sobriety tests are difficult even for sober people.

    I knew a guy who was a medical technician in the Army. He got hauled in for a breathalyzer and watched the officer "sterilize" the tube with alcohol.

    Dismissed.
     
  14. Palladin

    Palladin NES Member

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    LMAO
     
  15. Bonesinium

    Bonesinium NES Member

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    Those field tests are bogus. It’s nothing less than a charade. It’s literally just a game, you can’t win, and it’s absent all objectivity. They may as well make you pat your head and rub your belly at the same time. Maybe have you juggle donut holes. Or breakout a game of Twister. It’ll serve the same purpose.
     
  16. Chevy 2 65

    Chevy 2 65 NES Member

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    It's made so you do fail.
     
  17. Chevy 2 65

    Chevy 2 65 NES Member

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    HOLY SHIT !! talk about nazi
     
  18. Devils Paintbrush

    Devils Paintbrush NES Member

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  19. omega42

    omega42

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    It doesn't really get entertaining until you merge code in languages that answer the question differently.
     

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