[minn19]

Originally Posted by Murf993

I suspect most cops have options and discretion. Not everyone likes to exercise them though.

That's what I'm saying, they really don't down here, especially in states like MN. Very few cops here are going to risk their career or getting sued civilly to give someone a break. They took the discretion on this and other things (domestic abuse) away from officers in the US. As per usual, some good reasons and some not for/against it.

Also, IIRC there certainly isn't any thing like a 12 hour temporary license suspension etc. They get arrested for DUI (or whatever each jurisdiction calls it) or they don't depending on tests/situation.

[Murf993]

Originally Posted by Lady Jane

Oakville? I had a townhouse in Glen Abbey on Leewood Drive across form the golf course while working at Trafalgar Memorial and working on my M.Sc. at U of T. Small World.

Small world in deed. I was down in the Village, close to the Harbour. Oakville wasn't my fav. I loved Niagara on the Lake, but the tourism got stupid last year, property taxes went through the roof and so did prices. We sold really well, and now have a big log home on 1.5 acres on the water.

[Lady Jane]

Originally Posted by Murf993

Small world in deed. I was down in the Village, close to the Harbour.

I used to work-out at the Nautilus Sports Medical Center by the harbor. Then go across the street for some TCBY.

[Murf993]

Originally Posted by minn19

That's what I'm saying, they really don't down here, especially in states like MN. Very few cops here are going to risk their career or getting sued civilly to give someone a break. They took the discretion on this and other things (domestic abuse) away from officers in the US. As per usual, some good reasons and some not for/against it.

Also, IIRC there certainly isn't any thing like a 12 hour temporary license suspension etc. They get arrested for DUI (or whatever each jurisdiction calls it) or they don't depending on tests/situation.

In Canada we use a roadside screening device, if you blow over .05 and under .08 you can issue a 12 hour licence suspension, tow the car etc. The old roadsides just had red, yellow and green lights, if you blew a yellow or warn you got a 12 hour suspension. But I've given a 12 hour to people who failed (red).

I get the worry over liability, but seriously there are so many avenues for the public to sue it's almost impossible to predict. I lost count of how many times I was named in law suits. I worked with a couple of guys that were being sued for something like $20 million, the suit went on for about 15 years. They were almost retired when it was resolved.

[Murf993]

Originally Posted by Lady Jane

I used to work-out at the Nautilus Sports Medical Center by the harbor. Then go across the street for some TCBY.

I've had a frozen yogurt there on a few occasions. We always kept our boats at the harbour.....I

[minn19]

Originally Posted by Murf993

In Canada we use a roadside screening device, if you blow over .05 and under .08 you can issue a 12 hour licence suspension, tow the car etc. The old roadsides just had red, yellow and green lights, if you blew a yellow or warn you got a 12 hour suspension. But I've given a 12 hour to people who failed (red).

I get the worry over liability, but seriously there are so many avenues for the public to sue it's almost impossible to predict. I lost count of how many times I was named in law suits. I worked with a couple of guys that were being sued for something like $20 million, the suit went on for about 15 years. They were almost retired when it was resolved.

In MN and I think the entire US there is no warning. You either blow above or below .08, pass or fail the stupid human tricks or eye test and go from there. Some can still detain/arrest for blowing under .08 in certain situations, but I know there is now real warning or temp license ban. Kind of like the G80 section.

I'm not explaining the other part very well, maybe Sedan_Clan can chime in and explain it much better than I. Things could've change as I've been out of it for 5 ish plus years.

[UncleWede]

Originally Posted by minn19

You either blow above or below .08, pass or fail the stupid human tricks or eye test and go from there.

Class A, .04 regardless of vehicle, and you get a free ride downtown? Plus you won't have to worry about the A portion of a license any longer.

[minn19]

Originally Posted by UncleWede

Class A, .04 regardless of vehicle, and you get a free ride downtown? Plus you won't have to worry about the A portion of a license any longer.

Yah, commercial driver DUI laws are definitely much stricter.

[Murf993]

Originally Posted by minn19

In MN and I think the entire US there is no warning. You either blow above or below .08, pass or fail the stupid human tricks or eye test and go from there. Some can still detain/arrest for blowing under .08 in certain situations, but I know there is now real warning or temp license ban. Kind of like the G80 section.

I'm not explaining the other part very well, maybe Sedan_Clan can chime in and explain it much better than I. Things could've change as I've been out of it for 5 ish plus years.

If you're involved in an MVC and have any alcohol in your system you can get done with impaired. There are actually a number of charges. Over .08 and Impaired Driving usually both get laid and one is usually withdrawn, but if your in a collision and blow under .08 you get done with impaired.

[Sedan_Clan]

Originally Posted by UncleWede

I have a popular misconception about DUI. Sitting in the vehicle, but the keys are in my pocket (not the ignition) then I can't get a DUI?

Related, since the new vehicles don't even HAVE an ignition, and with the keys in my pocket I could just depress brake and start/stop, is the even a popular misconception any longer?

You can definitely be charged with a DUI regardless of the placement of the keys.

Originally Posted by NorCalAthlete

You can still get a DUI even if you're sitting in the backseat. Police have a bit of discretion here obviously but it's happened.

Even if you're just standing NEAR the car, drunk, if they even think you were driving recently you can be arrested for DUI. Likelihood varies but if you've been drinking go sleep inside somewhere don't sleep in your car. Uber home and come back for your car if you need to.

True! Avoid getting back into that car if you've been drinking.

Originally Posted by minn19

In MN and I think the entire US there is no warning. You either blow above or below .08, pass or fail the stupid human tricks or eye test and go from there. Some can still detain/arrest for blowing under .08 in certain situations, but I know there is now real warning or temp license ban. Kind of like the G80 section.

I'm not explaining the other part very well, maybe Sedan_Clan can chime in and explain it much better than I. Things could've change as I've been out of it for 5 ish plus years.

We charge "wet & reckless" if it's under .08, but it's the same vehicle code as a deuce, thus, the penalties are largely the same. There's zero tolerance for minors. In the day & age of Uber/Lyft, there's no reason to get back into that vehicle.

[UncleWede]

Does the type of vehicle matter? Much like with a pew-pew, if I go to the back of the Volvo 245DL, open the back lid, and THEN pass out in front of hte Post Office after realizing that a block from the bar I couldn't see the road all that well. Asking for a friend

Are passengers still allowed to consume in the back of a van? I can recall traveling with my parents across country in the conversion van, and dad turns over driving duties to me, crawls in back to have a little nap, and chugs a beer first. He wasn't a big drinker, but 6 hours on the road with a wife a 3-4 kids will do that to you. He never even saw the state of Kansas that trip

[Sedan_Clan]

Originally Posted by UncleWede

Does the type of vehicle matter? Much like with a pew-pew, if I go to the back of the Volvo 245DL, open the back lid, and THEN pass out in front of hte Post Office after realizing that a block from the bar I couldn't see the road all that well. Asking for a friend

Are passengers still allowed to consume in the back of a van? I can recall traveling with my parents across country in the conversion van, and dad turns over driving duties to me, crawls in back to have a little nap, and chugs a beer first. He wasn't a big drinker, but 6 hours on the road with a wife a 3-4 kids will do that to you. He never even saw the state of Kansas that trip

Vehicle type doesn't matter, but circumstances will dictate how far the law enforcement official takes it. The moment you roll down the window (...in a stuffy car after consuming alcohol), the officer will smell the alcohol. In just a 10 minute ride from the scene of an arrest to the station jail, an intoxicated person will stink up my patrol car as the alcohol emits from their pores.

Passengers aren't allowed to consume alcohol and open containers aren't allowed either (..under 23222 CVC and 23225 CVC).

[F30lolz]

I’m sure you’ve encountered pulling over officers from other jurisdictions from in state or out of state. Have your experiences with them been mostly pleasant (ie politeness from their end) or have there been a few instances where they throw their badge in your face and give a hard time?

[Murf993]

Originally Posted by F30lolz

I’m sure you’ve encountered pulling over officers from other jurisdictions from in state or out of state. Have your experiences with them been mostly pleasant (ie politeness from their end) or have there been a few instances where they throw their badge in your face and give a hard time?

Usually polite. I know when I've been pulled over I am always polite and acknowledge what I have done wrong.

[Sedan_Clan]

Originally Posted by Murf993

Usually polite. I know when I've been pulled over I am always polite and acknowledge what I have done wrong.

^^^This! There's a professional courtesy in play and we're cordial and respectful 99.9% of the time.

I like chatting it up with people who work in other cities/counties/states. They often have good experiences to share.

[Murf993]

Originally Posted by Sedan_Clan

^^^This! There's a professional courtesy in play and we're cordial and respectful 99.9% of the time.

I like chatting it up with people who work in other cities/counties/states. They often have good experiences to share.

I agree with that my friend. We should have a beer or two sometime and shoot the shit.

[M-technik-3]

Did not read through all the pages but what do LE think about what happened in MA to the Ma State police officers that were involved with falsifying records while on overtime?

[Murf993]

Originally Posted by M-technik-3

Did not read through all the pages but what do LE think about what happened in MA to the Ma State police officers that were involved with falsifying records while on overtime?

I haven't heard anything about that, but just off of what you have said, anytime there is the falsification or records that is a huge problem. Can be major offence, attempt to obstruct justice, fraud or could be a conduct violation. But in my experience I would never pass judgement based on media stories. Any conduct investigation is very complicated, takes a long time, produces tons of information and there is literally no way for the media to cover it properly. If there are charges laid, whether criminal or internal there needs to be a full hearing of the evidence and more importantly the defence. After all, innocent until proven guilty. Just my two cents.

[UncleWede]

Originally Posted by Murf993

I would never pass judgement based on media stories. ....After all, innocent until proven guilty. Just my two cents.

THIS!!

[UncleWede]

A question of liability, but also an issue with my own personal regret.

Saturday evening, just before sunset. Get to the stop sign at the end of my street. Bus is turning onto my street, so I stop short of the limit line. I then creep forward, check left, right, left, then proceed with my left turn. All of a sudden the wife is shouting, and I see a cycle on the passenger side swerving right, then he squirrels around me on the left yelling. I sign I'm sorry. He drives up about 200 yard then slides to a stop.

I pull up and roll down my window, apologizing. He gets off, lifts his facemask, and tell me "You can't be doing that" I continue to apologize, and he threateningly approaches the vehicle.

Wife starts yelling "GO go go!"

IF he had done what I expected, and removed his helmet and smashed a window or something, he retains liability, even if I cut him off previously?

The only 2 things I can figure is that either a) the blind curve right before the intersection, he was leaned way over and hidden behind the yellow truck that was parked in the corner parking lot, or b) he was FLYING on street posted 25.


Yes, I'm still bothered that I almost crushed this guy.

[Sedan_Clan]

Originally Posted by UncleWede

A question of liability, but also an issue with my own personal regret.

Saturday evening, just before sunset. Get to the stop sign at the end of my street. Bus is turning onto my street, so I stop short of the limit line. I then creep forward, check left, right, left, then proceed with my left turn. All of a sudden the wife is shouting, and I see a cycle on the passenger side swerving right, then he squirrels around me on the left yelling. I sign I'm sorry. He drives up about 200 yard then slides to a stop.

I pull up and roll down my window, apologizing. He gets off, lifts his facemask, and tell me "You can't be doing that" I continue to apologize, and he threateningly approaches the vehicle.

Wife starts yelling "GO go go!"

IF he had done what I expected, and removed his helmet and smashed a window or something, he retains liability, even if I cut him off previously?

The only 2 things I can figure is that either a) the blind curve right before the intersection, he was leaned way over and hidden behind the yellow truck that was parked in the corner parking lot, or b) he was FLYING on street posted 25.


Yes, I'm still bothered that I almost crushed this guy.

Had he done that, he's still guilty of vandalism despite the circumstances. In California, vandalism turns into a felony really quickly if damage reaches $400 or more.

[Sedan_Clan]

Originally Posted by M-technik-3

Did not read through all the pages but what do LE think about what happened in MA to the Ma State police officers that were involved with falsifying records while on overtime?

I haven't read that account, BUT I would like to hear both sides. A bunch of California Highway Patrol officers lost their jobs a couple of years ago for the exact same thing (...falsifying overtime). For as much money as we make (...which still isn't enough), it's simply not worth it to defraud.

In the case(s) with the CHP, it came down to freeway overtime assisting CalTrans. They got busted because an officer or two had more billable O.T. hours than there are in a calendar year. This prompted an investigation that unearthed a huge problem. Dozens of officers got caught.