Posted on 06/21/2022 4:42:32 PM PDT by Drew68
Once, a long time ago, I drove home after another late night at the office. I was dead tired, and my driving was a little off. I got pulled over by a cop a mile from home. He smelled my breath and asked me some questions. I explained that I was just very tired and that I had only a mile to go to get home. The cop was a nice guy. He just told me to drive safely and get some rest.
There have been studies demonstrating that driving while fatigued can be as dangerous as driving while under the influence of alcohol and/or other drugs.
The police report shows Slayton acknowledging that she takes Prozac and Adderall for ADHD...Slayton then performs the field sobriety test, failing to stand firmly on one foot and appearing to teeter when walking with one foot in front of the other. “I’ve seen the videos. You do look shaky,” asked WSMV4 Investigates.
“If you don’t get somebody or a friend to get him, then we have to call DCS, and they’ll take custody of him,” an officer tells her... Slayton tells them she has no family in Tennessee, and her phone is dead, so she can’t contact a babysitter. Her son would ultimately remain in state custody for nine weeks as she awaited blood alcohol levels, which showed her not to be intoxicated. A psychologist’s review found her fit to regain custody. But the test showing what else was in her body then would take much longer: six months. When it finally became available, it showed, once again, that she was not impaired. The charges were dropped.
https://law.justia.com/codes/tennessee/2010/title-39/chapter-17/part-4/39-17-408
Amphetamines are on the list...
The reason for the police contact was hearsay from a third party that the officer did not witness.
She volunteered to assist in the officer’s fishing investigation.
Several lawyers on YouTube stating that no one will pass a field sobriety test for a cop that wants to make a arrest.
I could never pass their physical agility test if forced to perform such test.
*LE is not entitled to a healthy victim to take a field sobriety test.
Yes, but from the article:
“She did test positive for her prescribed medication. But they were very much within therapeutic levels,” said Ben Powers, Slayton’s attorney.
I worked a couple of summers on a rotating shift schedule at a factory.
I think we were switching shifts every week.
Driving home at 7 am was the toughest part of the ordeal.
“remain in state custody for nine weeks as she awaited blood alcohol levels,”
Nine weeks!!! That’s insane. Used to work in a medical lab. You run the test immediately.
One of my friends about a decade ago was considering a divorce because of her husband’s temper was out of control. Well their son got diagnosed with ADHD. Then they realized her husband had the same symptoms. He started on the meds and his personality changed amazingly. Temper was erased. It was unbelievable.
Something like alcohol. You actually can drink and drive, just not very much.
She was shown to have the right amount in her system for someone who is taking it as a medically proscribed item.
> Slayton agrees to take a field sobriety test <
Big mistake on her part. I don’t care if you’re both sober and a ballerina. If the cop wants you to fail that test, you will fail that test.
> Slayton acknowledging that she takes Prozac and Adderall for ADHD <
Another big mistake on her part. Cops are not your friends. Anything you say will be used against you. Respectfully declining to provide those kinds of details is usually the best way to go.
"Refusing a field sobriety test in TN does not result in an immediate arrest or an automatic DUI. What you ARE required to do is take a chemical test or risk forfeiting your license due to implied consent. There is absolutely NO benefit to taking the field sobriety test when stopped."
Implied Consent
Tennessee's implied consent law specifies that any person who operates a vehicle within the state is deemed to have consented to a breath test to determine the driver's BAC. However, the requirement to submit to testing is triggered only if the officer has probable cause to believe the driver was operating a vehicle while intoxicated.
>Unlike the laws of many other states, Tennessee's implied consent law does not extend to blood tests. An officer can ask a driver to take a blood test. But generally, a driver can't be penalized for refusing unless the officer has a warrant or there are exigent circumstances that excuse the warrant requirement.
Consequences of Refusal
License suspension. Refusal of a lawfully requested BAC test is a class A misdemeanor in Tennessee. Class A misdemeanors normally carry up to 11 months and 29 days in jail and a maximum of $2,500 in fines. However, a refusal isn't considered a criminal offense or sentenced as such. Instead, a refusal is penalized by license suspension.
There's a one-year license suspension if the driver has no DUI convictions that occurred within the past ten years. And if the driver does have priors within the past ten years, the suspension for a refusal will be two years. Depending on the circumstances, a refusal suspension might run consecutively to any suspension imposed for a DUI conviction.
All of the times I’ve caused near accidents is when I was overly tired.
I would sue big time, including the day care. This child now has trauma.
No one can pass a roadside test, it is all up to the ego of the cop. The more busts under his belt, the higher the glory.
Look at the case of the pilot in Colorado, in the same city that tackles an old woman with dementia, so they can have a good laugh at the resulting video.
So basically she was under the influence of a cocaine like substance. every bit as dangerous as Cocaine. She ever exhibited the symptoms. But since it was medication than that is OK under the progressive mindset.
After reading about this cluster f_ck, apply the same hearsay “evidence” to the new Red Flag laws being passed by congress.
Reading comprehension isn't your strong suit, is it?
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