Man Charged With DUI Despite Blowing .000 During Breathalyzer Test

[Ptarmigan]

Man Charged With DUI Despite Blowing .000 During Breathalyzer Test
http://cleveland.cbslocal.com/2013/06/10/man-charged-with-dui-despite-blowing-000-during-breathalyzer-test/

SURPRISE, Ariz. (CBS Cleveland) — Arizona authorities charge a man for driving under the influence despite him blowing a .000 on a breathalyzer test.

KNXV-TV reports that 64-year-old Jessie Thornton – a native of Ohio – was recently pulled over by Surprise police after he recently left an LA Fitness gym. Thornton then says the officer accused him of driving drunk.

“He walked up and he said ‘I can tell you’re driving DUI by looking in your eyes,’” Thornton told KNXV.

If he scores a .000 on a breathalyzer test, he is not DUI. No? 

[Chris_]

What a bunch of bullshit.

[Evil_Conservative]

He can fight that during his court date.

It's Surprise.  Nothing happens there.  It's a retirement community.  I guess the officer just wanted to harass someone.

[obumazombie]

Intentional harassment of citizens should be grounds for immediate dismissal from law enforcement.

[DefiantSix]

Intentional harassment of citizens should be grounds for immediate dismissal from law enforcement.

In a sane world, it would be. However, since we live in the Bizzarro World run by Darth 'Bama...

[obumazombie]

In a sane world, it would be. However, since we live in the Bizzarro World run by Darth 'Bama...

Yes, but lately I'm stuck on a similar metaphor of Lewis Carroll and the topsy turvy world he described in "Through the Looking Glass".

[Eupher]

He can fight that during his court date.

It's Surprise.  Nothing happens there.  It's a retirement community.  I guess the officer just wanted to harass someone.

The charges were dropped. There'll be no court date.

Article says he's suing the city of Surprise for $500,000. He claims he was arrested for DWB -- Driving While Black.

[SSG Snuggle Bunny]

You can trust the government.

[Texacon]

I hate that statement; You can fight it in court.  That is STILL a fine for doing nothing. 

Case in point;

I moved from Hawaii to Florida to start a new job.  I left my truck in Missouri while I was in Hawaii and when I got back the tags were out.  Since my primary residence was in Texas I needed time to get the tags renewed so I went down to the license bureau in MO and got temporary 45 day tags.  They were cardboard with the state seal on them and the date of expiration.  I put them in my back window where they were supposed to go and headed out to FL.

When I got to FL a motorcycle cop pulled me over and asked if I knew why he pulled me over to which I replied honestly "No."  He said my tags were expired and I pointed to the 45 day tags which had about 30 days left on them.  His response; "I ain't never seen no shit like that, tell it to the judge" and he promptly wrote me a ticket.

Now, if I had gone to court on that it would have cost me a days work which at the time was about $330.00.  I was going to be penalized either way so I just didn't go.  They issued the warrant and I try really hard not to get pulled over when I'm in FL.  It may be off the books by now since that was 22 years ago but it still pissed me off.

KC

[dutch508]

You can tell by 98.5% surety by checking the eyes if someone is under the influence.
Doesn't have to be alcohol. Could be drugs- prescription or illegal.

Considered the most scientific of the three standardized field sobriety tests, the horizontal gaze nystagmus test measures nystagmus (the involuntary jerking of the eyeballs), which becomes more evident when a person is under the influence of alcohol and/or drugs. To administer the test, the officer will ask you to keep your head still while following a small object, such as a pen or a penlight, with your eyes.

While you are performing the test, the officer will look for three clues in each eye. These include: inability to smoothly follow the stimulus with your eyes, pronounced nystagmus when your eyes are all the way to the side, and the onset of nystagmus prior to reaching 45 degrees. If the officer sees four out of six clues, he or she can then arrest you for DWI (not quiet true- you have to complete the rest of the SFST and to a Breath test... then you can arrest.

After the Field Sobriety Test you are then taken into the Police Station for a breathalizor test. The breath test you do on scene is not valid in court- but helps establish probable cause after the SFST. If you fail the SFST but blow a .000, odds are you are under the influence of drugs. We then give a unrine test, or if the subject insists, a blood test.

Of course if you refuse any part of the STFT, the breath test or the Breathalizor you are charged with refusal to submit- the fine is equil to that of DUI. You can't get out of the refusal charge. You have to explain it to the subject- but you don't have to give them more than one chance.

[Evil_Conservative]

You can tell by 98.5% surety by checking the eyes if someone is under the influence.
Doesn't have to be alcohol. Could be drugs- prescription or illegal.

Considered the most scientific of the three standardized field sobriety tests, the horizontal gaze nystagmus test measures nystagmus (the involuntary jerking of the eyeballs), which becomes more evident when a person is under the influence of alcohol and/or drugs. To administer the test, the officer will ask you to keep your head still while following a small object, such as a pen or a penlight, with your eyes.

While you are performing the test, the officer will look for three clues in each eye. These include: inability to smoothly follow the stimulus with your eyes, pronounced nystagmus when your eyes are all the way to the side, and the onset of nystagmus prior to reaching 45 degrees. If the officer sees four out of six clues, he or she can then arrest you for DWI (not quiet true- you have to complete the rest of the SFST and to a Breath test... then you can arrest.

After the Field Sobriety Test you are then taken into the Police Station for a breathalizor test. The breath test you do on scene is not valid in court- but helps establish probable cause after the SFST. If you fail the SFST but blow a .000, odds are you are under the influence of drugs. We then give a unrine test, or if the subject insists, a blood test.

Of course if you refuse any part of the STFT, the breath test or the Breathalizor you are charged with refusal to submit- the fine is equil to that of DUI. You can't get out of the refusal charge. You have to explain it to the subject- but you don't have to give them more than one chance.

Or the cops are just on a power trip.

[NHSparky]

Sometimes that's the case, sometimes not.

More often than not if you get pulled over and the policeman suspects you're intoxicated, it's based on experience more than a "who can I screw with today?" attitude.

[obumazombie]

The charges were dropped. There'll be no court date.

Article says he's suing the city of Surprise for $500,000. He claims he was arrested for DWB -- Driving While Black.

If that guy gets the half mil, I'm going to start driving while black. I've got the driving part down pat.

[Evil_Conservative]

If that guy gets the half mil, I'm going to start driving while black. I've got the driving part down pat.

Black face?

I dare you.

[obumazombie]

Black face?

I dare you.

No one questions Fat Al Sharpton's blackness, or Jesse "High" Jacksons's or Macolm the tenth's blackness. Why should anyone question mine ?