Austin Texan's, chime in...

[ch33zw1z]

http://news.yahoo.com/blogs/oddnews...halyzer--gets-arrested-for-dwi-003450614.html

Are fradulent DWI (DUI) arrests as numerous as this article states?

 

[Texashiker]

The Austin Police Department stands by the arrest, saying they believed Davis showed signs of impairment, that while standing on one leg, he “swayed,” and “needed his arms for balance.”

They also suggested that he could have been on marijuana, a drug that wouldn’t necessarily show up in a test. The APD said they’re going by a “take-no-chances” policy. That being said, they did acknowledge how unusual it is that Davis was arrested despite registering a zero on his breath test.

They can make all the excuses they want, he was arrested because he is black.

Hopefully the guy gets a lawyer and sues the city.

The police can not arrest someone "just because". Their “take-no-chances” policy does not trump civil rights.

 

[SaurusX]

Yes. Austin police will arrest you even if you pass the sobriety check. It's to cover their own ass in the event that they let someone go and they then cause an accident. It's fascistic. The chief of police claims they don't do this as policy, but the mountains of evidence point to just the opposite. This story is a dime a dozen around here.

 

[Texashiker]

Yes. Austin police will arrest you even if you pass the sobriety check. It's to cover their own ass in the event that they let someone go and they then cause an accident. It's fascistic. The chief of police claims they don't do this as policy, but the mountains of evidence point to just the opposite. This story is a dime a dozen around here.

And the city has not been sued yet?

 

[thraashman]

Yes. Austin police will arrest you even if you pass the sobriety check. It's to cover their own ass in the event that they let someone go and they then cause an accident. It's fascistic. The chief of police claims they don't do this as policy, but the mountains of evidence point to just the opposite. This story is a dime a dozen around here.

I guess in that case I would just refuse a sobriety test if I was ever in Austin... Who am I kidding, nothing on this planet would ever get me to go to Texas.

 

[poofyhairguy]

They can make all the excuses they want, he was arrested because he is black.

Yeah basically. "He could have been on WEED!"

 

[SaurusX]

And the city has not been sued yet?

I'm sure they have. The problem is that the law states something to effect that they can arrest you if they believe you to be impaired in some capacity. There's nothing mandating you blow at least a .08 before they throw you in the back of the squad car. They make a lot of use of that loophole. It's going to take someone in power getting the treatment of the average citizen before anything is changed.

When the talk radio personality Jeff Ward was arrested in this same circumstance he demanded the arresting officer call Art Acevedo, the chief of police, who he knows personally. Of course, the charges were dropped and Ward never makes a comment on the whole episode.

 

[ch33zw1z]

Not that I ever had a desire to go to Texas, but I definitely never want to go. The only way I'll end up there is if a plane flight flies me over it or drops me in a airport for a layover.

The more I hear, the more I don't want to go there.

 

[hal2kilo]

This is why you shuold never take a field sobriety test. They're going to make you blow anyway. In general if they start asking questions tell the MF'rs to talk to your lawyer.

F'n revenuers.

 

[ElFenix]

austin has nearly as many DUI arrests as houston and dallas.

 

[MrPickins]

I guess in that case I would just refuse a sobriety test if I was ever in Austin... Who am I kidding, nothing on this planet would ever get me to go to Texas.

It wouldn't help you on one of the "no refusal" days/weekends. They'll just get a warrant to have your blood drawn... :\

https://www.google.com/search?q=austin+no+refusal


And yes, this is a case of DWB.

 

[emperus]

The last time I was in Texas (for a convention for about a week), I was pulled over twice while driving and the cops arrested around 5 people from the convention including the organizer. I swore, I'd never visit that state again. But, I may make an exception for Austin for SWSX.

That being said, not sure this case is about Race. The guy does look a little impaired in the parts of the video I saw. Would need to see the whole video to be sure. Also, the news report showed them doing something similar to a Caucasian. The arrests may still be disproportionally targeted toward African Americans, but would have to see the stats to determine that. Or, it may just be an overzealous police policy to crack down on drunk driving.

 

[poofyhairguy]

Or, it may just be an overzealous police policy to crack down on drunk driving.

To be fair we do have a lot of drug use in Austin the breathalyzers won't detect. I have had a friend get in trouble for driving high on weed.

 

[Moonbeam]

Not that I ever had a desire to go to Texas, but I definitely never want to go. The only way I'll end up there is if a plane flight flies me over it or drops me in a airport for a layover.

The more I hear, the more I don't want to go there.

Don't be a bigot. I gets along wit conservatives wherever I go. I jus blend in wit um. I'm as big a red neck as you'd ever wanna see. I jus stick a Stetson on ma head and don my cowboy apparel, and yee ha we're off to town. And if ya ain't got a beat up white Ford pickup, ya ain't got no sense anyway. People everywhere got their own inner beauty. I know for sure there's a civilization out there somewhere what looks at me like I just swung outa a tree.

 

[hal2kilo]

It wouldn't help you on one of the "no refusal" days/weekends. They'll just get a warrant to have your blood drawn... :\

https://www.google.com/search?q=austin+no+refusal


And yes, this is a case of DWB.

But that's the point. Almost all states have implied consent. Meaning unless you blow, you are going to get your license supended for probably a year.
The field sobriety test just opens you up for another way they can claim you are impaired.
Even if you blow under the limit. UThis is SOP in most states by the way.

 

[thraashman]

It wouldn't help you on one of the "no refusal" days/weekends. They'll just get a warrant to have your blood drawn... :\

https://www.google.com/search?q=austin+no+refusal


And yes, this is a case of DWB.

From reading it seems that implied consent only applies to chemical testing, such as a breathalyzer. I would absolutely always refuse a field sobriety test. They are extremely inaccurate and there is virtually no standard for how they're administered. I have a friend that is a DUI lawyer and she's told me that to prove a point she had an officer of the court take a field sobriety test during court and they failed.