I agree with most of your point....except where you state the LEO waspulling over all bikes with no reason. The original poster stated he was pulled over for a signal violation. A violation is a violation......once he had him pulled over for the violation....no matter how small the officer has every right to check his license for proper endorsements. But the BAC request was imo outside the officers limit......no probable cause!
My weekend "incident"
- Thread starter KennedyFXR
- Start date
I agree with most of your point....except where you state the LEO waspulling over all bikes with no reason. The original poster stated he was pulled over for a signal violation. A violation is a violation......once he had him pulled over for the violation....no matter how small the officer has every right to check his license for proper endorsements. But the BAC request was imo outside the officers limit......no probable cause!
But the LEO did have probable cause the minute the OP was pulled over for the violation!
bluefilhd
Member
I think that many cops are too eager to over step their bounds just because they can. Many more are good and honest people but like they say "it only takes one.....". I was pulled over by highway patrol for splitting lanes one night (legal here in CA). I was respectful only because I know HHS obviously has the upper hand. He told me that he thought that lane splitting was "unsafe, stupid" and he "didn't like it". I respectfully pointed out that none of that made it illegal. Well since I couldn't get a ticket for lane splitting I got a ticket for an "unsafe lane change" something that is illegal. As Dr. Evil posted about his son, the judge didn't give me a chance. Cop was right, no questions asked, in the judges eyes. We just have ZERO room to screw up because there is already a negative bias about us as bikers, 1%-er or lawyer, doesn't matter when we're on the bike, there's a magnifying glass on us. And like they say "it only takes one......."
The laws in all 50 states require probable cause for an LEO to stop you, its in the US Constitution. Not using a turn signal is probable cause. Once pulled over an LEO may request verification of your license, registration and insurance. I don't know the laws in other states but in Calif. if riding a motorcycle you must have a motorcycle endorsement or permit. Also, in Calif, when you sign for your license you give what is called "implied consent." Implied consent means that you will submit to a blood or breath test if requested to by an LEO. You do not have to agree to do any field sobriety tests or breath test at the scene. Only the breath test at the police station. Also, you have the right to choose blood or breath tests. Problem is if you insist on taking the blood or breath test at the station your vehicle may be impounded and even if you test below the limit and do not get arrested for a DUI you will own the towing and storage fees. If you haven't been drinking just ask to take the breath test at the scene.
Regarding check points, they are legal as long as the LEO's conducting the check point do not profile. They must stop every vehicle, or every third vehicle, or every fifth vehicle whether a car, truck, or motorcycle, and prior notice of the check point must be given, usually printed in the local newspaper the day before.
Regarding check points, they are legal as long as the LEO's conducting the check point do not profile. They must stop every vehicle, or every third vehicle, or every fifth vehicle whether a car, truck, or motorcycle, and prior notice of the check point must be given, usually printed in the local newspaper the day before.
All said and done, once the LEO has his light on or asks you to pull over you are technically under arrest, only if he releases you or gives you a ticket is the stop "officially" over. Plain and simple, if he goes back to his car with your paperwork it is likely you are getting a ticket, he and you are being video'd and time stamped. If you are released without a ticket consider yourself lucky. LEO's descretion sometimes may not be right, but we are all human and bad decisions are made everyday. :newsmile07:
Kansasjase
Active Member
Good point. Being cooperative and polite does not necessarily mean you have to give up or cease to exercise your rights. Asking the right questions puts the officer in the position of having to decide what course the stop is going to take. One of those questions is "Am I under arrest?" He must then decide if you are or are not at this point. Beware, though, in some states, police can "unarrest" individuals.
"Making him feel better" is not an apropriate statement as to why you're being ask to "blow." A good officer does not have to fish for DUIs (I know, I was one as were my grandfather and my uncle), and those usually won't hold up in court. "Sir, you were swerving" or "I smell the odor of an alcoholic substance" are reasonable reasons to request a sobriety test.
No, but being argumentative or "uncooperative" can be detrimental to your chances of getting off with just a warning...easy choice here....he is the LEO and you are a "suspect" and a statistic in the natural order of things...
Mavagrand
Senior Member
This guy must of been either young or brand new on the force. In my 19+ years as a cop, I have never told anyone how/why I was conducting traffic stops. I'll tell them why I pulled them over (speeding, weaving, etc..) but have never made statements your attributing to him, this guy was way too chatty, IMO.
Regarding the breathtest..here in Florida the deputies observations of the vehicle just prior to the stop is probable cause. By that I mean if I pull you for possible DUI, I'm already going to have PC to arrest (your weaving, your speeding up/slowing down, your hugging one side of the lane, etc). If you refuse my breathalyzer request, my affidavit will reflect my observations regarding your driving and you go to jail. There was nothing wrong with him asking you to take a test but he couldn't make you or arrest you for DUI as he already told you it was lane change that got his attention.
Regarding the breathtest..here in Florida the deputies observations of the vehicle just prior to the stop is probable cause. By that I mean if I pull you for possible DUI, I'm already going to have PC to arrest (your weaving, your speeding up/slowing down, your hugging one side of the lane, etc). If you refuse my breathalyzer request, my affidavit will reflect my observations regarding your driving and you go to jail. There was nothing wrong with him asking you to take a test but he couldn't make you or arrest you for DUI as he already told you it was lane change that got his attention.
mat 60
Senior Member
Well ..I have done my shair of drinking....After my first DUI and going to drunk school, jail,and having my name in the paper, wife drive me around for 3 mts and spending 1500 that did it for me.....Never again...Its been a long time and I have not had one drink and drove......Oh ...Im not much fun, am I ?..:bigsmiley21: