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Would a cop had let you go if you in fact failed the sobriety tests?
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Would a cop had let you go if you in fact failed the sobriety tests?

I was pulled over by a cop on the reservation. He thought I was intoxicated. I was not, he administered some DWI tests. I know very well that I did not fail them and he said I did, but then he lets me go. If I would have in fact failed all these tests would I have not been allowed to leave? in my vehicle morever?
Additional Details
and no breath tests, it was all physical stuff: eye following the pen, standing on one leg, walking and counting steps.


    




?
If you had truly failed the officer would have been compelled to arrest you, impound your vehicle or make arrangements, and appear at your hearing. So either one of three things happened.

One-You did pass all the tests and he said you didn't to see if you would confess to doing something wrong anyway.

Two-You did fail but the officer for some reason didn't feel like going to all the trouble and let you go despite the fact he was suppost to arrest you.

Three-Since you were on a reservation the officer may not have been within his jurisdiction and thus could not arrest you without the ruling tribal authority.

No matter, just take it as a learning experience.


edgar
Rating
My sister got pulled over by a cop and she was drunk but not to drunk and he kind of knew and gave her a break so i guess its at their discretion.


The First Dragon
Rating
If you had failed the sobriety test, he should have taken you in to the jail because it would be unsafe for you to drive.


Ezz
Most likely not, if you are impaired you are impaired. If anything if they wanted to give you a break they would probably have you call someone or get a taxi, but they would probably never let someone drive who failed. If something where to happen the responsibility would fall on them.


Heero Yui
Rating
He was lying to save face, but it doesn't matter. A cop can pull you over for almost anything. In AZ the book on traffic law is 10pt font and nearly 1000 pages. I don't know how many time you can say, "red light running is illegal." So, I basically assume that you can be pulled over for anything.

Count your blessings man, it could have been a cop you just lost his partner, wife, and/or kids and wanted to take out some agression on the so called criminals.

And, between you and I. Practice makes perfect, the more tickets you can get out of the better.


shrty0525
Rating
Ya might have failed one. I mean - stone cold sober I trip over my own feet.

Some people have eye conditions that cause their eyes to act like they are drunk/stoned. (nystagmus or something like that).

Like I said in your other post - be glad he is out there doing his job. Your life might have been one he's saved by doing this - and you would never know it happened.


lady_luv
On the reservation...the cops are a "push-over"
I should know I'm from one.
they don't "serve and protect" like they should.
So he was probably trying to make himself look smart and say you failed your tests when you didnt....thus, letting you go cause he had nothing to pin on you.
If you would have failed a DWI test on the reservation they would have took you to jail and either left your car where they pulled you over or have it towed.
but if you were taken to the tribal jail you'd only sit in there until the next day. nothing serious.
this is what they do on the reservation i come from.


hamthugger
Call and make a complaint against this cop.


bluemoon
Rating
I dont know how it works on the reservation but, legally if your intoxicated and you can't pass they will arrest you.Think about if they let you go when they know your drunk you could drive down the road and have an accident. That's their job. I think he realized you were right and you proably augured with him and he decided to let you go so he would not get in trouble. But I would watch out for him he might watch ya to get ya later.Good luck


fr_chuck
Rating
From the field tests ( field sobriety) you may indeed fail one of them and not be arrested. It is a combination of the results of all of the tests.

If you had completely failed them they would have taken you in for a breath test at the station.


robb10036
Let's hope that cops don't allow intoxicated people drive around. I think if he did let you go, was because you weren't intoxicated as you mentioned and he said you were just to see if he could get some money from you, when he realized that wasn't to happen, he decided to let you go because he could not take you to the Princeton without you being intoxicated, another test could be taken and he didn't want to take the risk, of looking corrupted or suspicious to others.
This is what i think that makes sense to me in order for him have let you go.
Do you drive a fancy car ?


robbocop
First of all, I noticed that you said "on the reservation", if this is a federally recognized Indian reservation; they are like a sovereign nation and have their own laws.

If they are following the guidelines I would have to follow, he may have allowed you some latitude if you failed part, but not all the tests. BTW a drunk usually thinks he did good on the tests no matter how bad he failed them.

Secondly, to jeremy below. I wish i got a commission of all the arrests I make.


rebeli812
whereim from you take the tests until you fail 3 of them. you will take tests until you fail. i did the stand on 1 foot lift other 3 in. off the ground. failed because he said foot was less than 3 in off the ground. i dont recall he measured it with anything. walked perfectly straight but turned wrong dir. failed eye test. then passed 2 breathalyzers. oh they must be broke. went for blood test. my choice. bad as its most accurate. come up .12 back then law was .10.


kiddIE -
Rating
He said you failed to cover up fer his mistakes . If you r really drunk he wouldn't let you go.


Joshu@
Rating
He would not have let you go. Because if he did, and you were drunk, you would have put people in danger. He must have known you weren't drunk, because he probably sees that kind of stuff all the time, and should know when someone is sober or not.

Also, you might have just come off as stoned or something. Some people are really mellow and just seem like their high or something. But no, he wouldn't have let you go. He probably just didn't want to look like a fool, by telling you you're sober, when he just said you weren't.


Truth Hurts
It is possible that he would have let you go. Driving under the influence is a lot of paperwork so it's possible he would have let you go. It's officer discretion.


ntlgnce
Rating
Yes, I took a breathalizer, I blew higher then the driver, and they made me drive home.... ( I was so smashed I had told them that I was not drinking).. I said that maybe its from when he blew in the thing... I also had a open beer in my coat pocket... LOL OMG I was lucky....

True story!!. 100%..


Zac H
depends where you live and the type of cop...
cops seem to be more laid back about things in california then say virginia

or it could have just been a good day when a cop realized he was wrong


ravin_lunatic
Rating
OOOOOOO this sounds like harrassment! He didn't 'bust' you because he had NO RIGHT to pull you over. He just wanted to 'roust' you, and THAT is illegal. If a cop pulls you over for anything, do you think he lets you go outta the goodness of his heart?? HAHHAHA THEY ARE EX MARINES FOR CRYING OUT LOUD. Here is a MUST HAVE book for everybody in America..
HOW TO BEAT THE COPS! I won both my tickets and didn't even have to appear in court! Almost NO COPS know the laws laid down in this book. But, hehe, I guess they will now!

YAY Stinker!


tobias funke
So your saying cops shouldn't investigate people they think are drunk driving. You would be happier if they just arrested everybody they thought was drunk without conducting a further investigation. If you didn't drive like crap maybe he wouldn't have thought you were drunk in the first place.

To the idiot jeremy above me - Again you are unable to understand what you read. Read the question again, the cop LET HIM GO. I hope one day you learn to read.


?
i would pull his arms off and shove one up his *** and the other down his throat.o


CoffeeLover
Rating
No . That cop gives police officers a bad name.


jeremy
Rating
of course. they work on commission. They won't get paid for the sale....i mean arrest....unless they take you in.

police give police a bad name.


Olivia
Rating
No you wouldn't have been able to leave my friend 2 days ago got pulled over for swerving and he was drinking and he went straight to jail. I guess the cop was just trying to get his quota for the month !!





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