Lynx Defense

Was it right to fire a San Marcos police sgt for an off-duty wreck?

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  • FireInTheWire

    Caprock Crusader
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    WTH is 'beer salt'?
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    pronstar

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    Refusing a field sobriety test is within your rights as a Texan.

    Generally, I’m of the opinion that if an officer is asking you to take a test, he’s already determined that you’re impaired, he’s going to arrest you, and is now collecting evidence.

    So you’ll likely go to jail, where you’ll have to take a BAC test that you can’t refuse…but those machines are arguably more accurate and better maintained than a field test.

    But please…DONT DRINK AND DRIVE

    I only post this because I personally know stone-sober people who have failed field sobriety tests…


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    Mowingmaniac 24/7

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    TG,

    The closest thing I can get away with adding to my beer is slip/sliding half a cut lime around the bottle or glass rim because I'ma wild and crazy guy!
     

    Sasquatch

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    an off duty wreck where he killed another driver AND refused a field sobriety test?

    I've heard numerous lawyers actually advise clients to refuse the sobriety test. Yes it typically means your DL is yanked immediately because of implied consent that you're revoking, but the lawyers figure they'll get it back and get the charge tossed.

    Think of this about the sobriety test though:

    You've just been in a car accident. You don't know the extent of how the impact has effected or will effect you - I've been in 7 collisions myself and sometimes you feel effects immediately, sometimes they creep in. We can assume that if the hit was hard enough to kill someone - then this guy probably also banged his head / body around too - which could very well impact how one does on SFSTs even if he was stone cold sober.

    If they'd had the field breathalyzers and asked him to blow, the results *could* exonerate him or damn him. Being a cop he knew this too. It wasn't mentioned if they had the field unit. It also doesn't sound like he was arrested - it said they were investigating a possible DWI but that police said he did not smell of alcohol or appear to be intoxicated. They obtained a warrant for a blood draw which took three hours to get. @toddnjoyce made an excellent point - that's time for a low enough level of alcohol to metabolize out.

    I wouldn't immediately jump to the "if he refused the SFST he was drunk" conclusion, especially after a major accident. Could be he didn't feel he could physically do it due to injury, could be he was previously told by a lawyer not to partake in the test, or could be he knew he was impaired and refused because he knew he'd fail. Only he knows for sure his reason for refusal.
     

    Axxe55

    Retiretgtshit stirrer
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    Dec 15, 2019
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    Lost in East Texas Elhart Texas
    Refusing a field sobriety test is within your rights as a Texan.

    Generally, I’m of the opinion that if an officer is asking you to take a test, he’s already determined that you’re impaired, he’s going to arrest you, and is now collecting evidence.

    So you’ll likely go to jail, where you’ll have to take a BAC test that you can’t refuse…but those machines are arguably more accurate and better maintained than a field test.

    But please…DONT DRINK AND DRIVE

    I only post this because I personally know stone-sober people who have failed field sobriety tests…


    Sent from my iPad using Tapatalk

    I've heard numerous lawyers actually advise clients to refuse the sobriety test. Yes it typically means your DL is yanked immediately because of implied consent that you're revoking, but the lawyers figure they'll get it back and get the charge tossed.

    Think of this about the sobriety test though:

    You've just been in a car accident. You don't know the extent of how the impact has effected or will effect you - I've been in 7 collisions myself and sometimes you feel effects immediately, sometimes they creep in. We can assume that if the hit was hard enough to kill someone - then this guy probably also banged his head / body around too - which could very well impact how one does on SFSTs even if he was stone cold sober.

    If they'd had the field breathalyzers and asked him to blow, the results *could* exonerate him or damn him. Being a cop he knew this too. It wasn't mentioned if they had the field unit. It also doesn't sound like he was arrested - it said they were investigating a possible DWI but that police said he did not smell of alcohol or appear to be intoxicated. They obtained a warrant for a blood draw which took three hours to get. @toddnjoyce made an excellent point - that's time for a low enough level of alcohol to metabolize out.

    I wouldn't immediately jump to the "if he refused the SFST he was drunk" conclusion, especially after a major accident. Could be he didn't feel he could physically do it due to injury, could be he was previously told by a lawyer not to partake in the test, or could be he knew he was impaired and refused because he knew he'd fail. Only he knows for sure his reason for refusal.
    @pronstar is absolutely correct. I failed a SFST and was stone-cold sober. I was the designated driver so all I had to drink all night were water and sodas. Not even one beer that night. We got pulled over less than a block from leaving the club. Officer asked me to do a SFST and since I knew i hadn't been drinking, I just knew I'd pass and we'd be on our way. NOPE! I failed it badly and was arrested for suspicion of DUI and taken to the police station, where I was asked to blow in a breathalizer, (spelling!) and then passed, by which time my lawyer had arrived and started reaming asses royally. Small wonder that they didn't lock him up! By the time we got outside, he reamed my ass royally for doing a SFST! Was not a fun night, but lessons learned.
     

    bbbass

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    Sep 2, 2020
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    NE Orygun
    Yeah, I've seen all sorts of weird, beer additives, like clam or tomato juice or even a raw egg.

    I ax ya, what's wrong with plain ole beer?

    TG,

    The closest thing I can get away with adding to my beer is slip/sliding half a cut lime around the bottle or glass rim because I'ma wild and crazy guy!

    Well, it's like this.... I love a red beer... any ol cheapo beer with Spicy V8 added up to half and half. But I really don't like any other flavored beers. lemon/lime/peach/apple/whatever.

    And Tecate really needs the coarse salt and lemon on the rim, IMO it's TERRIBLE w/o it!!!
     
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