Posted on 09/07/2017 12:23:35 PM PDT by conservative98
Yep.
However, there is an interesting, though risky trick to getting out of a DUI if you deserve one.
You keep a “sealed and unopened” bottle of booze under your seat. When the cop gets to your car, you throw the keys out of the window (which means you have no control over the vehicle). You then pull out the full bottle while the cop is watching, break the seal as you unscrew the cap/cork and start guzzling.
At that point any breathalizer results can be, in a court of law, chalked up to what you drank after you had no control over the vehicle. Of course, you may get a public drunkenness charge, depending on what you blow...
My personal solution is to just not drink and drive, but it doesn’t look like it helped this lady much. I get a feeling this cop really wanted to get up close and personal with her mammaries.
UTAH. It says it at beginning of video.
On July 25, 2016 Amanda Houghton called police for help after she was rear-ended at a stoplight.
She expected Layton City officers would help her, but instead she was arrested for DUI and subjected to a body search that left her feeling violated. The arrest was recorded by a police camera.
“I was shocked. Who arrests a sober person for DUI?” she said.
She failed a field sobriety test but says it was because she was shaken after being hit at about 30 miles per hour. Her car was totaled after the crash.
Houghton is also upset that after she was put in handcuffs, the officer searched around her breasts to check for drugs or weapons. She is now pursuing legal action against the city of Layton.
At the same time, has to worry about the DUI and resisting arrest charges that have not been dropped, despite the fact that blood tests -- one done by police, the other by the hospital -- showed she had no drugs or alcohol in her system. Her criminal defense attorney, Jonathan Nish, said he filed a request for the court to throw out the DUI charge.
“I don’t’ believe they should have administered the field sobriety tests at all in this case,” he said.
Houghton has also hired attorney Robert Sykes who has put the City of Layton on notice that they are seeking legal action. Sykes said the officer had no basis for suspecting she was under the influence and the search of her person was unconstitutional.
“I think this amounted to an unconstitutional search of a woman without a necessity to do so,” he said.
Layton police disagree. A police report by officer G Schatzman indicates Amanda exhibited odd behavior and gave “short quick answers to questions and she was speaking rapidly. Amanda was unable to stand still and seemed to be making jerky movements,” when he came into contact with her.
During the field sobriety test, she didn’t pass and showed physical clues that she was under the influence. Lt. Travis Lyman said his officer did the arrest by the book and had reasonable suspicion that Amanda was DUI.
He said the search around her breasts is taught in the police academy. Male officers do it when a female officer is not around.
“That’s standard practice. Anytime someone gets arrested they are going to be searched,” he said.
Lyman confirmed the blood tests showed Amanda had no drugs or alcohol in her system but said it’s up to prosecutors and the judge to determine if the charges will be dropped.
Keeping the case open until she agrees not to file a lawsuit?
An arrest record make future employment a little less likely. Her blood test came back completely clean. It’s expensive to have the record expunged, and it isn’t always granted.
I was arrested in New Jersey and put in jail because I have a bum leg and couldn’t stand on it for however many seconds the jerk off wanted. They were so sure I was full of drugs and booze that they didn’t test me for about 8 hours. Everything was double zero.
“...what’s the point of posting this a year later.... since it was resolved last December? ... Or is this just a random anti-cop post?”
************************************************
Resolved? No, it’s not “resolved”. The DUI charges were dismissed “without prejudice” — meaning the local authorities can refile the charges in the future anytime they wish. This way, the wonderful & kind government employees can keep this hanging over this woman’s head. Aren’t they sweethearts? Of course they are doing this in the hope it will discourage a civilian lawsuit.
The local “statists” haven’t really admitted they were wrong and really apologized. It’s not clear if this woman filed a civil suit. If she did, I hope she prevails and gets a substantial settlement. I have to wonder if the negligent driver who slammed into her was a friend of the abusive cop?
“the fact that blood tests — one done by police, the other by the hospital — showed she had no drugs or alcohol in her system. “
Objective tests proved she was not drunk. Clearly she was just very upset after what just happened to her — the accident, and the policeman refused to take that into account.
I keep waiting for that moment Myself. I have voluntarily stopped driving unless absolutely necessary. I have had Neuropathy for the last 10 - 12 years and it’s getting worse. Numbness, burning, cold, cramps, sciatica type pains in feet. There is NOWAY that I could do the Balancing on My feet or the Toe to Heel walk It’s moving up to My knees and starting in My hands. (And I’m not Diabetic according to My A1C and Glucose numbers)
It sucks BIG TIME!!!
Or is this just a random anti-cop post?
Reporting what happened is anti-cop? The Blue Wall lives.
Morgana, I just can’t imagine what you were doing out at 4 a.m.
Male officers do it when a female officer is not around. “That’s standard practice.”
I’ll bet.
My first thought when I started reading.
Really? I didn't see that in the story, did you talk to the cop?
-— A police report by officer G Schatzman indicates Amanda exhibited odd behavior and gave “short quick answers to questions and she was speaking rapidly. Amanda was unable to stand still and seemed to be making jerky movements,” -—
Not sure how old Amanda is, but that kind of behavior from a younger female (or male for that matter) immediately after a car wreck...seems pretty normal to me. And she was the one that got rear-ended...
“Morgana, I just can’t imagine what you were doing out at 4 a.m.”
Would you believe at the time I had a night job? Would you also believe after that job I went to the Waffle House?
This was during my College years.
Male officers do it when a female officer is not around. “That’s standard practice.”
I’ll bet.
A female one can be found! This is 2017, we have had affirmative action for how long?
Besides I happen to know the only reason police departments had female officers in the old days (even in the 1900’s) was to handle women and children! We as a society need to make sure our police departments keep to this and keep hiring women for this very reason.
Like here - charges dropped.
Or here - lawsuit filed.
all animals are equal
some animals are more equal than others
“I was arrested in New Jersey and put in jail because I have a bum leg and couldn’t stand on it for however many seconds the jerk off wanted. They were so sure I was full of drugs and booze that they didn’t test me for about 8 hours. Everything was double zero.”
See I don’t get it. I was pulled over and the officer thought I was drunk. I failed the field sobriety test. But when I said bring on the brethilizer the officer realized I was not drunk only sleepy. He realized I was not worth fooling with and I was not far from home anyway, as I point to my house while standing at my car. He was out to catch real drunk drivers not fool with worn out college students who just got off the late shift.
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