Live-Streaming Florida Woman Charged With Drunken Driving 327
HughPickens.com writes: Christine Hauser writes in the NY Times that police in Lakeland, Florida say 911 dispatchers started receiving calls Saturday from viewers who were watching a woman broadcasting herself while apparently driving drunk, using the live-streaming app Periscope. Despite the tip being generated in the virtual world, it took some traditional police sleuthing to find the woman and, ultimately, arrest and charge her. The woman first invited her viewers to follow her as she went bar-hopping in downtown Lakeland. During the live stream, Beall repeatedly said that she was drunk and appeared to be asking viewers for directions. She noticed that there were at least 57 people watching and asked, "So where am I right now, people?" One 911 caller said Beall was driving a Toyota in the north Lakeland area. "I just saw a girl on Periscope driving drunk. She doesn't know where she is and she's driving really fast," said the caller. As officers pulled Beall over, her 2015 Toyota Corolla, which already had a flat right front tire, rammed into a curb. Beall failed the Standardized Field Sobriety Tests and she refused the breathalyzer test.
Drunks don't make the best decisions (Score:3, Informative)
Re:Drunks don't make the best decisions (Score:5, Insightful)
Taking the optional Field Sobriety Test (FST) is never a good idea. Not doing the Breathalyzer test after being arrested in Florida is also not a good idea as it results in the automatic suspension of your license and your refusal to take the test can be used against you in court. In addition, it doesn't prevent the police from obtaining a warrant to draw your blood and determine your BAC.
Take neither test.
If you're in doubt about what to do, please remember the police are not administering these exams to help prove your innocence.
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You should never drive inebriated, however, if you are this stupid, be smart enough to have an attorney on retainer or delay to get one.
Wrong (Score:2)
In most states, refusing the test is an automatic license suspension.
Refusing a breath test is an automatic license suspension. A breathalyzer test is not a breath test. It is a preliminary breath test. Refusing that has no penalty.
A breath test is a large machine down at the police station, that is carefully calibrated and accurate (for what it does). Police ask you to take the breathalyzer, and FST, so that they can collect enough evidence to justify arresting you and taking you downtown for the real breath test. They ask, you say no.
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Here is part of your own quote of Florida Law:
... if the person is lawfully arrested for any offense allegedly committed... The chemical or physical breath test must be incidental to a lawful arrest
That means "after you are arrested" with, you know, probable cause and stuff. Here is the Intoxilyzer 8000 that is used by the Florida Department Of Law Enforcement (a.k.a state police): http://www.alcoholtest.com/int... [alcoholtest.com]
Here is their web page on their alcohol testing program:
http://www.fdle.state.fl.us/Co... [state.fl.us]
I don't know, Bob, that looks like a big machine to me. Although it does have what looks like a handle, I'll give you that. But it is not a breathalyzer.
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No, but if you can refuse, you are not giving them evidence to convict you of DWI.
If you get a good lawyer, they likely can get it reduced to Reckless Driving or something less...which is certainly much better than a DWI considering that will cost you much more $$, be a stain when applying for jobs, and insurance.
Like I men
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Re:Drunks don't make the best decisions (Score:5, Insightful)
Or you could just skip the fucking wine if you're going to be driving.
Is sobriety that much of a burden for just one night?
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Clearly, you are someone who either never drinks or doesn't drive.
Clearly, I am someone who does drink alcohol and does drive. I have, however, chosen never to do them at the same time, or in close proximity. That's because I have realized that having a drink is much less of a necessity than being able to drive myself home.
Having a screaming child in the back seat is more detrimental to your driving than one glass of wine.
The difference is that you can easily choose not to drink and there are no negative consequences from that choice. Your friends may think you are Debbie Downer at the party, but then, you're going to be the one they call to come bail them out when they
Re:Drunks don't make the best decisions (Score:5, Insightful)
Actually a LOT of this depends on the state you live in. I spoke to an atty friend of mine here and he said basically if you get pulled over and are a bit tanked, don't say a word, don't do any field tests....just hold your hands out because you are going to be arrested.
He said all the field tests are doing, is collecting evidence against you, so you don't want to give them any help. Don't do any tests till you can get an atty. present....if nothing else this will give your body more time to process the alcohol so that if you do have to get blood drawn, it will be less.
But know the laws of your state, if you refuse tests most will suspend your license, but still, that's better than a DWI....and get a good lawyer, they help. You can often get special permission to drive on suspended license for work, groceries, etc.....so, life will go on for you.
With the alcohol laws SO drastic today..the BAC level is now a low 0.08 in most states, as a grown man just having a couple glasses of wine with a meal out can get your dangerously close to the legal level, when in reality you are just fine to drive.
But being pulled over for DWI is like being pulled over for ANY infraction, the police are NOT there to help you, and you need to know your rights and stick by them and not give them any evidence to charge or prosecute you, which IS their job.
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"I am not refusing the test. I am asking for my lawyer be present during its administration."
Then I will listen to what my lawyer tells me.
Thanks
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Re:Drunks don't make the best decisions (Score:5, Insightful)
With the alcohol laws SO drastic today..the BAC level is now a low 0.08 in most states, as a grown man just having a couple glasses of wine with a meal out can get your dangerously close to the legal level,
True
when in reality you are just fine to drive.
False
The objective data is way against you. You might be OK to drive, you're probably moderately impaired. Now, you can argue that being tired, taking benadryl, being distracted or texting / whatever is just as bad and you are correct. But two wrongs don't make a right.
Society is trying to tell you that alcohol and automobiles are not a good mix. If you want two glasses of wine at dinner, fine. Either don't drive or wait several hours for the alcohol to clear off. Yes, it might change your lifestyle. Sorry. So did seatbelts.
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It is time to get rid of these stupid life ruining laws and do something that will actually work.
You mentioned tests, but I'm not aware of anything that'll work immediately with zero effort by an idiot and have no false positives.
"I had a drink, I'd better not drive" is pathetically easy and guaranteed to work. It does have false positives though so I agree, lets find something better.
Until then, the DUI laws aren't the worse compromise at the 'whole population' level.
Re:Drunks don't make the best decisions (Score:5, Informative)
Alcohol has an effect on reflexes from about 0.02. Some even say your judgement starts getting impaired at this level.
Alcohol starts to affect reasoning at 0.04, every study picks it up at this level at the latest.
So fuck you if you think you have no problem doing the most dangerous activity of your day with the highest statistical chance of killing a third party by accident with a 0.08 level.
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Alcohol has an effect on reflexes from about 0.02. Some even say your judgement starts getting impaired at this level.
My understanding is that alcohol has a beneficial effect on reflexes before it inverts.
Hitting (and staying at) that narrow positive level could be tricky of course.
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I'm saying BAC isn't a good measure of a persons tolerance for alcohol. One person can do just fine and .08 and another cannot. The measure and number is arbitrary.
Re:Drunks don't make the best decisions (Score:5, Insightful)
you're giving legal advice to people who drive drunk
1. they obviously aren't the best decision makers, even before drinking, so you might as well be giving advice to farm animals on taking a calculus test
2. to all drunk driving irresponsible assholes: fuck you. the legal in and outs of the exact procedure to establish your level of inebriation is secondary. the primary topic is the police should do whatever they need to to take away your driving privileges, as they should be taken away. oh you need to drive to your job? you drove drunk you stupid asshole, you have proven to society you don't deserve to drive. take the bus you irresponsible douchebag
i know: how about don't drive drunk?
there are no lame ass whiny entitled excuses or explanations that apply. don't drive drunk, no exceptions
Re:Drunks don't make the best decisions (Score:5, Informative)
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If you lived in Florida, you'd do everything drunk.
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Looked more like really bad mescaline last time I was there. Perhaps Krokodil.
Florida is fucking scary. And not the pythons and alligators.
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Except that people who haven't been drinking are also asked to do an FST or a breathalyzer test.
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assuming the officer of the law has a good reason to apply the test, then they pass it, and there is no problem
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So do the completely subjective FST that the officer can just declare you failed whenever he likes, which only serves to be used against you?
That's the opposite advice then what every single lawyer and police officer I've talked to has given me.
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if all law enforcement officers are all cartoon goons out to violate your rights via lying and cheating, you would be right
since that is a cartoon universe that only exists your head, you're simply revealing your feeble grasp on reality
there are bad apples in law enforcement. they aren't that prevalent, and they aren't out to get you
paranoid schizophrenia has treatment options. good luck to you
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So, the mere act if driving through a checkpoint is good enough reason to require you to stop your car, get out, take time out of your day and schedule to do some test because of an arbitrary head count.
Would you condone the same if alcohol wasn't a reason...just have checkpoints to stop people in case they are doing something wrong and test things out and search their cars and persons?
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that's not what i said, asshole. in fact it is the exact opposite of what i said. i said assuming the officer of the law has a good reason to apply the test
you can't completely reverse the meaning of someone's comment and reply to them
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But that is the reality of today. Just driving to a checkpoint is grounds for them to stop you and pull you from the car for tests. You having the misfortune of hitting a checkpoint is "good enough reason" in many case for them to detain you and test you.
Thankfully in many states, they require the cops to post where checkpoints are in advance, which i
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well thank you for changing the subject and randomly making me the bad guy in a scenario that has nothing to do with what i am saying, douchebag
if you're going to hijack the fucking topic, have the decency to note that you are changing the fucking topic
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get a cab. take the bus. walk. arrange for a friend to drive, before or after. sleep it off at the location. get a hotel. prop yourself up on the side of the wall. all options infinitely better than driving drunk
while poor urban planning and poor civil engineering may explain why there are more drunk drivers in a given area statistically, it is no *individual* excuse nor explanation. suburban sprawl simply exposes more of the irresponsible douchebag fraction of society to limited transportation options, ye
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lol
nice point
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The BAC legal levels are WAAAY too low now. A grown man or woman just having a couple of glasses of wine with a meal can be dangerously close to the legal level of DWI...when in fact there is no problem with driving home.
And, if you're so against any drinking at all and driving, then why is is even legal to have a bar with a parking lot for the patrons to come in? Do you seriouslythink all those cars are for designated drivers? Do you not wonder where they all disappear to at night at clos
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you're an irresponsible douchebag
you don't drink then drive
period. ever. no excuses or explanations
your lame self-serving weak rationalizations only reveal your poor character
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It isn't really that scary. If I'm loaded, no, I don't drive home..but if I've only had a few (and decades of living with myself and having alcohol and knowing my limits) I will get myself home.
I will say, however, now that uber is out there and so cheap (MUCH less than a cab), if I know I'm planning a night out, I'll do uber back and forth from home to bar(s) and fests. But if you're out and about and happen to have dr
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drinking and driving is never acceptable
if you're insulting people in the south and saying most of them are fine with that (seems rather prejudicial and self-serving to your own shitty attitude), then you will simply reap many more pointless traffic deaths
and therefore tell the rest of the country to avoid an area populated with such morons. and then after enough morons like yourself are dead, your children and grandchildren will pass better laws and have better attitudes. and the "culture" you defend will
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No, I"m saying I have grown up here all my life, and I know the attitudes and culture, and from my visits up to the NE, yes, I can say that in general, they are MUCH more uptight about drinking any at all and having to drive home. It is very usual with anyone I've even known, to often grab a b
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basically you're saying your culture is ignorant and stupid. when the truth is only you are ignorant and stupid
your attitude obviously sucks, and you are an accident waiting to happen. when it does happen, please do us the favor and only kill yourself
and thanks for insulting the south in an attempt to mitigate your douchebag character, you irresponsible fuck
you will of course go "he hates the south"
no, i love the south, i have old family roots there. i only hate you, shitbag, because your attitude is clearl
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I think you're being a bit overdramatic....it isn't like this is not a common thought and consideration of the subject.
Not sure why all the name calling, but seems a bit of an overreaction.
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because you drink and drive and don't think it's a problem
this makes you a fucking piece of shit
not a baseless insult, but objectively speaking: your irresponsibility is dangerous to the people you share the road with. by your choice. it's not your culture, asswipe, that's a lame dodge. you're just an immature irresponsible asshole who will kill someone, and seems happy about it
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never an excuse for risking the lives of others
Oh cut the self righteous bullshit. We risk the lives of others all the time. Do think flying planes over populated areas does not risk the lives of others. Do think driven while not under the influence does not risk the lives of others. Do think any kind of mining, drilling or other other natural resource harvesting does not risk the lives and property of those near by? Do think having a fire in your fire place does not potentially risk setting a neighbors roof on fire and risking their lives?
The only
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Calling him an irresponsible douchebag for potentially driving w/in the legal limits is a bit much, don't you think?
While I don't drink and drive, by setting a limit at .08, the government is permitting SOME drinking and driving, albeit at a level which is complicated to pass legally more or less forcing you to choose between not driving or not drinking while providing the people some semblance of choice.
If they're going to do this, they should make it so low (.02) no one will drive after drinking, as they
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unrelated topic moron
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dangerously close to the legal level of DWI...when in fact there is no problem with driving home.
Alcohol has an effect on reflexes from about 0.02.
Alcohol starts to affect reasoning at 0.04
So fuck you if you think you have no problem doing the most dangerous activity of your day with the highest statistical chance of killing a third party by accident with a 0.08 level.
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then why is is even legal to have a bar with a parking lot for the patrons to come in?
So that people with a fucking brain don't have to park elsewhere.
Clearly you don't qualify.
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The BAC legal levels are WAAAY too low now. A grown man or woman just having a couple of glasses of wine with a meal can be dangerously close to the legal level of DWI...when in fact there is no problem with driving home.
And a man or woman who has had two drinks can also be sloppy, depending on their physiology. The rules aren't fair in that they affect everyone equally, the rules are "fair" in that they are there for the benefit of everyone. The goal is to reduce the number of extremely horrible accidents, at the expense of a little inconvenience.
Be realistic. People go out..they have a few...they have to get themselves and their cars HOME for the next day. It happens. The trick is to not be too impaired to drive safely.
Yes, and that's why we have fairly low limits. Safety. This is a great reason why self-driving cars need to be able to drive while you're asleep or whatever. Then we can finally h
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assuming a good cop, and a well-meaning suspicion to apply the test (the vast majority of situations), there will be people who take the test and pass, and go on their way
it's impossible for a cop, a human being not a computer, to only apply the tests when they know for 100% certainty someone is drunk. that's why they do the test, to turn their suspicion into a certainty. it's a valid policy in the field to back up the suspicion with the test
so avoiding the test means you get to spend more quality time with
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Re:Drunks don't make the best decisions (Score:5, Insightful)
failing a BAC because of a medical condition is not driving drunk, you moron. you don't win an argument by changing the topic
the most frequent defiler of your freedoms and liberties is not cartoon authoritarian jackboots working for big government. it's the irresponsible douchebags you run into in your life who will take your property, your health, your life. simply because they think freedom means freedom from responsibility. in fact, there is no such thing as freedom without responsibility
and those who often do the most damage to the notion of freedom are not your cartoon notions of statist authoritarians, but social retards like yourself who think freedom means there is no such thing as consequences for *you* defiling the freedoms of those who have to live near you, share the roadway with you, work with you. you damage the notion of freedom by showing there are morons out there who don't even know what freedom is. and when you defile the freedom of others, do you know what society does? it limits your freedom, up to and including prison. as it should. to preserve the freedom of those of us who actually know what freedom fucking is: "i can do whatever i want, as long as i don't hurt anyone else"
you can't increase freedom in society when you allow people who are so egregiously stupid or malicious, that they constantly limiting the freedom of others they encounter with their behavior. freedom is not destroyed just by government. it is also destroyed by the irresponsible and the malicious and the social retards, which is the category you seem to fit into: people who don't have a grasp of what freedom actually means. it does not mean freedom from consequences and responsibility, and never did, and never will
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so this has absolutely nothing to do with what i said, not even remotely
nothing i said anywhere would remotely lead you to believe that this statement has anything to do with the content of my comment
it goes without saying i don't believe anything remotely like that
either you are
1. purposefully lying for the sake of trolling, badly. or you
2. genuinely lack the social and cognitive abilities necessary to carry on a coherent conversatio
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if you drink and then drive, you are an irresponsible asshole and you deserve punishment. yes, it is actually that binary
human's aren't binary, but the choices we make can place us pretty clearly in the wrong. drinking and driving is exactly such a choice
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And what about the cities that encourage [sightline.org] that very same behavior?
One could even call it entrapment when the city encourages people to drink and drive and then arrests anyone who does so.
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I'm fascinated. How are you both sufficiently educated that you can actually type a comment online and yet simultaneously not understand how easy it is to enter a bar and not drink alcohol?
Forget designated drivers, what about people that want social interaction, fancy coffee with a friend that wants a beer, feel like a game of pool, like the way a bar does a burger?
Shit, I go into bars 2-3 times a week and I've had alcohol on one day in the past five months.
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those are interesting anecdotal edge cases that don't say much about the vast majority of problems with drinking and driving
obviously the asshole cop should have been more understanding with your wife, and if you want to drink and tip your mower and chop off your fingers, whatever makes you happy
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Your friend with a chronically elevated BAC of 0.1 or greater is, by definition, an alcoholic. Yes, they can talk about the local sports team without slurring, they can even walk a nominally straight line. Can they handle two tons of steel, plastic and gasoline going 60 mph** under rapidly changing conditions. Probably not.
Want to play that particular lottery? I sure the hell don't.
Safe driving requires all manner of limitations to your person and lifestyle. You might have to wear your glasses. You m
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if you're drunk your judgment is impaired you dumb fuck. including your ability to gauge how impaired you actually are
Yes, and? What part of Gr8Apes' post was this supposed to be countering? Was it supposed to counter their implied belief that drunkenness should be measured via an actual assessment of whether you are truly impaired rather than via an arbitrary value? Because I'm fairly certain they meant assessment by some third, non-drunk party, rather than a self-assessment.
you don't drive after drinking. ever.
But for how long after?
quibbling about what actually constitutes being drunk is an immature douchebag attempting to avoid responsibility
The whole point of this "quibbling" as I see it, is that different amounts of alcohol affect different people differently,
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all i know is that you have hijacked the topic with a tirade about arbitrary laws
gee, that's a really exciting topic
but it has not one fucking thing to do with the fact that drinking and driving is wrong, period. not arbitrary. and the actual fucking topic
i look forward to you missing the actual fucking point and going on an obtuse tangent about nanny states and arbitrary laws, asshole
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ah yes, my narrow minded attitude that drinking and driving is wrong
how shallowly judgmental of me
actual narrow minded righteousness is about finding people wrong for arbitrary things
like fashion or sexuality or... swearing
do you know anyone who would judge someone for swearing, you hypocritical shitbag?
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You seem to think that you should be able to do whatever you want on a public road unless the authorities can scientifically prove, with some unreasonable amount of assurance, that you are impaired and they should be able to do it within a minute or so of being pulled over so it doesn't upset your complex social plans.
Sorry, the world doesn't work that way and won't ever. Cops have to use some judgement (and sometimes it will be poor judgement). Tests have to be reasonably accurate and repeatable, not per
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No, not pseudoscience, but a) not necessarily good science, and b) that assumes the Breathalyzers are properly designed, built, maintained, regularly calibrated, used, reported and recorded.
Those are awfully big assumptions to make, especially when so many, like, you, assume that they're infallible magic boxes.
Breathalizer source code analysis. [embeddedgurus.com] Slashdot discussion thereof [google.ca]
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From my recollection of looking into the laws in my own state, a field sobriety test is requested (much like a "would you mind if I take a look around?" when they want to do a search but don't have a warrant) whereas a breathalyzer is ordered (and for which they must be able to establish reasonable suspicion). A refusal to consent to a subjective field sobriety test just means that the officer has one less piece of data they can use against you, whereas a failure to consent to an objective breathalyzer test
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It absolutely falls under the 5A -- the issue is that your privilege to drive on the public roads will be suspended if you don't comply. You don't have to submit to the test, we don't have to let you drive.
The worst possible outcome for the drunk driver is that is to refuse the test (triggering the suspension) and then the officers obtains a telephonic warrant for a blood draw. Then your screwed on both counts -- first on the refusal and then on the DUI. So refusal is a risky strategy...
[ And, since this is
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If the police knock on your door and ask to come in, you can say no. If they police knock on your door with a search warrant, you have to step aside
Yes, but say that is a warrant to SEIZE ALL YOUR GUNS AND AMMO? In that case, internet tough guys the world over will agree that you should yell the legendary Chuck Heston line "you can pry my weapon(s) from my cold dead hands" before the police oblige.
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If they have a warrant to seize your guns, you ask for a lawyer be present during the warrant search. They can wait.
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They can wait, but they won't. You don't have the right to stall them while your lawyer shows up.
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Depends on the state you live in, not all force you to submit to such an invasive procedure against your will.
Know the laws of the state you are in is the best advice.
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pee or blood test only don't Breathalyzer test (Score:2)
pee or blood test only don't use the Breathalyzer test the software in them are not that good.
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it doesn't prevent the police from obtaining a warrant to draw your blood and determine your BAC
True it does not but if you are at all in doubt about as it if its possible you could by right on the edge like you had a couple beers and thought you were legal, its best to force the blood draw.
If you were just over the limit by the time they drive you to a facility where they can take your blood, and get a warrant (which can get done over the phone) there is a good chance you will have dropped just below the limit. Even though they can do this pretty quickly it still gives you the better part of an hour
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Be sure to obtain a good lawyer. Or better yet just don't drive drunk.
Perhaps more pertinently, don't drive drunk and advertise it over the fucking internet.
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Has to be said (Score:3)
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thunder... (Score:2)
Thunder... ThunderTwat! Hoooooooo!
What next? (Score:4, Insightful)
Since online approval via "likes" or equivalent seems to be the basis of self-worth for so many, how many more crimes are going to be live streamed?
"Sure, I got eighteen months but I got 10,000 likes!"
Equal Opportunity (Score:3)
I say that there should be equal opportunity [twitter.com] for both Florida men and women.
coming soon (Score:2)
A cry for help . . . (Score:2)
. . . that what it sounds like to me. If there are any gentlemen from Florida on Slashdot, please invite her over for a coffee, and advise her to get some professional help.
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Ninety percent of all comments you see on the web are jews trolls. Financed by their fake government
90%? Damn, how can I get in on this easy money?
PEBSWAS! (Score:3)
Problem exists between steering wheel and smartphone.
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Problem exists between steering wheel and smartphone.
My double sided tape?
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No, the fuckwit that put it on your steering wheel.
Ever considered watching the fucking road and surrounding environment while driving?
Well (Score:2)
Who cares? (Score:2)
Why is this news for nerds? Because she was dumb enough to put it on social media? Are the editors around here that stupid?
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Re:Greetings from Florida Polytechnic (Score:5, Interesting)
I often wonder if social media is just making people more stupid....
Or if social media just brings the people that are stupid more out of the woodwork for the rest of us to see.
Why would anyone FB, Tweet, Periscope or whatever ANY activity that might potentially get you jailed?
We see gang members with FB pages of stolen goods, drugs and cash online. This chick live streams a drunk drive home (not to mention many shots of her early drinking heavily with a timecode attached to it)...I mean, why do people gather so much evidence against themselves and just hand it to the police?
Are we just getting dumber as a country?
Re:Greetings from Florida Polytechnic (Score:4, Insightful)
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People have always been stupid. The smart ones that invent the tech that stupid people use to get themselves in trouble is just a coincidence. I'd think it's pretty obvious, really. Stuff like FB, Meerkat, etc. just enables the stupidity of people to be broadcast much further.
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Kind regards,
The rest of the world.
Which is just as dumb.
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Florida is renown for its drugs and drug abusers, among other tragedies.
Flori-Duh Man has an endless stream of adventures [grouptopic.com]