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Thu Feb 27, 2014, 05:59 AM

Texas police defend DUI arrest of black man who blew 0.00 on Breathalyzer



Police in Texas are standing by their drunken driving arrest of a man whose Breathalyzer and blood tests showed no evidence of intoxication.

Larry Davis was arrested Jan. 13, 2013, by Austin police after he ran a stop sign and, according to arresting officers, appeared to be intoxicated during a field sobriety test.

Davis insisted he’d had only one drink and volunteered to provide a blood sample after testing 0.00 on a Breathalyzer – the lowest recordable blood-alcohol content level – and spent a day in jail, reported the Austin Statesman.

Months later, those results also came back negative, and Davis is now trying to have his arrest record cleared, which could take several more months.

But the arresting officer’s supervisor said he still supports the decision to arrest Davis.

“If there is someone who is possibly impaired, we don’t want them driving,” said Cmdr. David Mahoney, of Austin police. “We need to get them off the road, so that was probably (the officer’s) mindset.”



http://www.rawstory.com/rs/2014/02/26/texas-police-defend-dui-arrest-of-black-man-who-blew-0-00-on-breathalyzer/


Fuck the police… Seriously, fuck them.

68 replies, 3561 views

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Reply Texas police defend DUI arrest of black man who blew 0.00 on Breathalyzer (Original post)
MrScorpio Feb 2014 OP
RandiFan1290 Feb 2014 #1
MarianJack Feb 2014 #2
theHandpuppet Feb 2014 #7
Nanjing to Seoul Feb 2014 #8
MarianJack Feb 2014 #66
Egalitarian Thug Feb 2014 #3
Android3.14 Feb 2014 #4
gollygee Feb 2014 #12
Android3.14 Feb 2014 #17
gollygee Feb 2014 #18
Android3.14 Feb 2014 #62
hobbit709 Feb 2014 #45
Lochloosa Feb 2014 #46
nadinbrzezinski Feb 2014 #49
noiretextatique Feb 2014 #57
Android3.14 Feb 2014 #63
blueamy66 Feb 2014 #59
jeff47 Feb 2014 #29
ForgoTheConsequence Feb 2014 #51
rhett o rick Feb 2014 #67
Nanjing to Seoul Feb 2014 #68
MADem Feb 2014 #5
Amimnoch Feb 2014 #6
dotymed Feb 2014 #10
loli phabay Feb 2014 #34
Amimnoch Feb 2014 #39
Cane4Dems Feb 2014 #19
TBF Feb 2014 #20
JoeyT Feb 2014 #28
former9thward Feb 2014 #33
Blue_Tires Feb 2014 #31
Amimnoch Feb 2014 #41
dionysus Feb 2014 #35
Nanjing to Seoul Feb 2014 #9
marble falls Feb 2014 #22
Enthusiast Feb 2014 #26
ananda Feb 2014 #11
hobbit709 Feb 2014 #14
Android3.14 Feb 2014 #42
hobbit709 Feb 2014 #44
Android3.14 Feb 2014 #64
noiretextatique Feb 2014 #60
Android3.14 Feb 2014 #61
Thor_MN Feb 2014 #21
marble falls Feb 2014 #23
hobbit709 Feb 2014 #13
MrScorpio Feb 2014 #15
hobbit709 Feb 2014 #16
marble falls Feb 2014 #24
erpowers Feb 2014 #25
Blue_Tires Feb 2014 #32
L0oniX Feb 2014 #38
erpowers Feb 2014 #43
Cali_Democrat Feb 2014 #47
AverageJoe90 Feb 2014 #50
Cali_Democrat Feb 2014 #56
AverageJoe90 Feb 2014 #65
ForgoTheConsequence Feb 2014 #52
noiretextatique Feb 2014 #58
Rex Feb 2014 #27
DallasNE Feb 2014 #30
taught_me_patience Feb 2014 #36
L0oniX Feb 2014 #37
Pretzel_Warrior Feb 2014 #40
Savannahmann Feb 2014 #48
Pretzel_Warrior Feb 2014 #53
Common Sense Party Feb 2014 #54
Liberal_in_LA Feb 2014 #55

Response to MrScorpio (Original post)

Thu Feb 27, 2014, 06:03 AM

1. Texas

I guess he should feel lucky he didn't get a finger jammed up his ass.



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Response to MrScorpio (Original post)

Thu Feb 27, 2014, 06:22 AM

2. He was guilty of DWB...

...AKA, Driving While Black!

I remember a Wayans Brothers movie (I don't remember which one) where they get arrested for "being black on a Friday night". This sounds similar!

PEACE!

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Response to MarianJack (Reply #2)

Thu Feb 27, 2014, 06:56 AM

7. Yep. DWB was his real crime.

After all, a black man must be guilty of something so a preventative arrest is always a good idea.

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Response to MarianJack (Reply #2)

Thu Feb 27, 2014, 06:56 AM

8. Beat me to it. I posted that as a comment to the yahoo article.

 

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Response to Nanjing to Seoul (Reply #8)

Thu Feb 27, 2014, 07:30 PM

66. It must be that great minds thing going on again!



PEACE!

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Response to MrScorpio (Original post)

Thu Feb 27, 2014, 06:26 AM

3. Go Blue Texass!

 

Even when we're caught red-handed being dumbass redneck racists, we stand by it!

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Response to MrScorpio (Original post)

Thu Feb 27, 2014, 06:40 AM

4. After all, alcohol is the only substance that impairs driving

Not.
It costs money to test for each possible recreational substance a person could have taken. Alcohol is just the most common intoxicant.

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Response to Android3.14 (Reply #4)

Thu Feb 27, 2014, 07:16 AM

12. The article says he voluntarily gave a blood sample too.

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Response to gollygee (Reply #12)

Thu Feb 27, 2014, 07:42 AM

17. And?

Each test on blood is for different classes of intoxicants and costs taxpayer's additional money. Judging from the video and the fact that he ran the stop sign, it is reasonable to suspect the man was intoxicated.
If an officer suspects a person is a danger on the road, then what should he or she do? Let the person go on driving?

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Response to Android3.14 (Reply #17)

Thu Feb 27, 2014, 07:44 AM

18. He blew 0.0 and offered a blood test

If it was reasonable to suspect he was intoxicated it was reasonable to prove it, and without proof it's reasonable to do as he asks and clear the arrest from his record.

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Response to gollygee (Reply #18)

Thu Feb 27, 2014, 06:28 PM

62. I agree

And that is probably what will happen.
I'm asserting that a guy running a stop sign and stumbling during a field sobriety test will make cops justifiably sus[picious and that they have an obligation to keep a person they suspect is intoxicated from driving, probably by arresting him.

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Response to Android3.14 (Reply #17)

Thu Feb 27, 2014, 01:38 PM

45. I couldn't pass a field sobriety test

I have diabetic neuropathy in my legs and there's no way I could walk and stand the way they check you. I don't drink.

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Response to Android3.14 (Reply #17)

Thu Feb 27, 2014, 02:04 PM

46. I'm in the same boat as hobbit709 but for different reasons.

There is no way I would pass a field test.

I don't drink and drive EVER. So should I just mail in my drivers license?

And running a stop sign could be as little as "pausing" at one.

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Response to Android3.14 (Reply #17)

Thu Feb 27, 2014, 02:12 PM

49. I am with hobbit as well.

The last time I drank any alcohol was over 30 years ago. I don't like it.

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Response to Android3.14 (Reply #17)

Thu Feb 27, 2014, 05:37 PM

57. so you support DWB arrests?

You support the criminalization of black skin. Good to know.

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Response to noiretextatique (Reply #57)

Thu Feb 27, 2014, 06:32 PM

63. Again, why do you have to be obtuse?

I am implying nothing of the sort.
I might as well say, "You support dangerous drivers killing children in our streets." But only an idiot would believe you support something so silly.

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Response to Android3.14 (Reply #17)

Thu Feb 27, 2014, 05:41 PM

59. So, everyone that runs a stop sign should have to consent to a field breathalyzer?

 

Really?

What world do you live in?

He blew a 0. Let him go.

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Response to Android3.14 (Reply #4)

Thu Feb 27, 2014, 11:04 AM

29. If the government can't prove it, then it did not happen.

You know, that whole "innocent until proven guilty" thing.

They either have to give up on the arrest, or prove he was intoxicated. They don't get a "kinda guilty" option.

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Response to Android3.14 (Reply #4)

Thu Feb 27, 2014, 03:00 PM

51. You're defending this?

After all he's black, so he was probably on drugs, right?


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Response to Android3.14 (Reply #4)

Thu Feb 27, 2014, 07:48 PM

67. You left out your point. I will guess. Officers should be allowed to arrest and detain for

a day in jail, anyone THEY GUESS is impaired.

IMO a lot of us fall somewhere on the impaired chart. At least my kids would nominate me.

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Response to rhett o rick (Reply #67)

Fri Feb 28, 2014, 06:37 AM

68. Yes. don't you see how it works

 

I guess you will jaywalk. . .here is your fine.

I guess you will take a drink. . .here is your dui.

I guess you will murder someone. . .here is your jail cell

After all, if the cops arrested you, you did something wrong. And we gotta feed warm bodies to the prison industrial complex.

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Response to MrScorpio (Original post)

Thu Feb 27, 2014, 06:50 AM

5. No one would tolerate a thirty percent error rate in any other profession.

This is bullshit. Wonder how many of those thirty percent are SOTW (something other than white)?

Listen to that asshole cop: "Nobody has just one drink..."

Well, except when they do.


But legal experts say the case shows that drunken driving can sometimes be “an opinion crime,” requiring law enforcement officers to make quick judgment calls on whether a person is intoxicated.

Prosecutors said judgment errors by police helped cause Travis County to have the highest percentage of DUI case dismissals among major Texas counties, according to a 2011 analysis by the Austin Statesman.

Police argue that they cannot take chances with drunken driving suspects in the interest of public safety, although their aggressive enforcement tactics cause about 30 percent of such cases to be dismissed.

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Response to MrScorpio (Original post)

Thu Feb 27, 2014, 06:52 AM

6. Poor guy. He should never have consented to the field sobriety test.

I can't stress this enough.. there is NO compelling requirement that you have to agree, or will (legally) suffer consequences for refusal to submit to a field sobriety test. Those things are subjective, and even if you are absolutely clean, one little waver, or loss of concentration and BAM, you are looking at a DUI.

Instead, politely tell the officer, that you do not consent to a field sobriety test, and state that you don't agree with the subjective nature of them, but that you will consent to blood alcahol testing, or breathalyzer testing (especially if you are actually clean, if you know you won't pass testing, even though you will still have severe penalties for DUI against you, it may be better if you just refuse (your defense will have more to work with when representing you.. which is your right).

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Response to Amimnoch (Reply #6)

Thu Feb 27, 2014, 07:11 AM

10. In TN.,

refusal to submit to a field sobriety test is An automatic 6 month license forfeiture.
The Implied Consent Law...

Also, "they" have the "right" to blood test you against your will. I forget the name of this "law" but it is used often.

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Response to dotymed (Reply #10)

Thu Feb 27, 2014, 11:28 AM

34. in virginia a refusal is one year licence suspension.

 

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Response to dotymed (Reply #10)

Thu Feb 27, 2014, 12:35 PM

39. I didn't realize this varies from state to state.

In Texas, though, he could have been well within his rights to refuse without legal consequence.

http://www.west-texas-dwi.com/parts/fst.htm

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Response to Amimnoch (Reply #6)

Thu Feb 27, 2014, 07:54 AM

19. no way

if he didn't consent the police would have probably shot him and then staged a fake crime scene to act like he was a threat....im surprised they didn't just start firing at him just because he's black

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Response to Amimnoch (Reply #6)

Thu Feb 27, 2014, 07:55 AM

20. That might work if you're white -

the "politely tell the officer" thing ...

I am a white female and the first thing I did when I moved down here was put a "100 Club" sticker on my car. Those 2 things will likely give me a little goodwill up front. But I am not naive enough to believe a black female would get the same respect much less a black male. It is ridiculous.

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Response to Amimnoch (Reply #6)

Thu Feb 27, 2014, 10:59 AM

28. The compelling requirement varies from state to state.

A few states don't require you to do it, but in most of the rest you lose your license. And since it isn't considered a criminal act, you don't have any real way to challenge it.

Yeah, it's absolutely ridiculous and the laws should be changed.

ETA: Oh, and in some states refusing to take the test is seen as evidence of guilt.

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Response to JoeyT (Reply #28)

Thu Feb 27, 2014, 11:26 AM

33. Most states do not require a FST.

They require a breath or blood test and if that is refused you can have a license suspension. The guy's problem in the OP was that he admitted alcohol consumption. That opens the door for the police to do everything else. Never admit anything. Not even "I just had one beer."

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Response to Amimnoch (Reply #6)

Thu Feb 27, 2014, 11:17 AM

31. "Consent" is a luxury not always available to us...

*especially* in BWB stops...

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Response to Blue_Tires (Reply #31)

Thu Feb 27, 2014, 12:37 PM

41. I can't argue about racist, crooked cops. It's a too common and disgusting practice

In a place like Texas, you may be right, but at least in a court room the poor guy would have a better chance if his lawyer makes the case that he'd declined to take the field sobriety test.

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Response to Amimnoch (Reply #6)

Thu Feb 27, 2014, 11:30 AM

35. uh, if he was sober, yes he should. in NY, refusing the test means lose your license. nt

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Response to MrScorpio (Original post)

Thu Feb 27, 2014, 06:57 AM

9. Come on, badge sniffers. Defend this! Please tell us it's only a few of them

 

and then show me the photo of the cop bringing milk to people with the huge "smile" on his face.

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Response to Nanjing to Seoul (Reply #9)

Thu Feb 27, 2014, 08:18 AM

22. About the way I feel about it.

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Response to Nanjing to Seoul (Reply #9)

Thu Feb 27, 2014, 08:26 AM

26. Hey! It's just a very small minority, a few bad apples.

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Response to MrScorpio (Original post)

Thu Feb 27, 2014, 07:15 AM

11. So does that mean that every time someone runs a stop sign ...

... that means they're drunk driving?

Oh dear ....

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Response to ananda (Reply #11)

Thu Feb 27, 2014, 07:19 AM

14. It's called DWB.

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Response to hobbit709 (Reply #14)

Thu Feb 27, 2014, 12:42 PM

42. What's it called when the police stop a white person for running a stop sign?

It's happened to me at least once.
I know too little about this incident to judge whether race came into the situation, specifically, and I recognize that racial profiling is a serious problem with law enforcement. However, the only mention of race as a factor for this incident comes only from here. Even the defendant never mentions race.

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Response to Android3.14 (Reply #42)

Thu Feb 27, 2014, 01:36 PM

44. running a stop sign

But I doubt they would have hassled a white person the same way. In the 40 years I've lived in Austin I've seen the average cop go from fairly decent to the storm trooper mentality under our current chief.

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Response to hobbit709 (Reply #44)

Thu Feb 27, 2014, 06:54 PM

64. Raised in the Dallas area (25 years) and lived in Laredo and Houston for several years

I remember when Bill Clements was Gov. It was bad then as well.

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Response to Android3.14 (Reply #42)

Thu Feb 27, 2014, 05:42 PM

60. were you arrested after proving you were not drunk?

just because you don't experience something does not mean it does not exist. Or are you claiming your experiences in the world are the same as a black man's?

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Response to noiretextatique (Reply #60)

Thu Feb 27, 2014, 06:25 PM

61. Don't be obtuse

But yes, the police have arrested me when I was sober, because I did not pass their field sobriety test to their satisfaction. As I'm sure you are aware, it is impossible to prove a negative. So the real question is whether he proved he was sober. This guy did not prove he was sober at the time of his arrest. He ran a stop sign and he stumbled during their field test.
He may have been sober, clean as a whistle of any and all intoxicants. But the truth is, I don't know, and neither do you.
The real question is whether the police arrested him because he is black. And so far, I haven't seen any evidence of that, except that he is black.

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Response to ananda (Reply #11)

Thu Feb 27, 2014, 08:08 AM

21. If they extend that to a rolling right turn on red here,

they could sell thousands of "whiskey" plates. I noticed in the past couple years that turning right on a red light seems to no longer require a stop in some peoples minds.

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Response to ananda (Reply #11)

Thu Feb 27, 2014, 08:19 AM

23. If you are a minority, thats about right.

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Response to MrScorpio (Original post)

Thu Feb 27, 2014, 07:18 AM

13. Acevedo is a major asshole and APD has acted like storm troopers ever since he took over

Shootings by the police have increased, mishandling of arrested people have been like the jogger the other day. He wants to do involuntary blood tests on anyone stopped by the police. He thinks he's head of Homeland Security.and has sent agents provcateur into Occupy Austin and Houston. I know of several undercover cops who were hanging around coffeehouses trying to stir up trouble until they were outed. Meanwhile traffic is godawful and they don't seem to do much about that.

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Response to hobbit709 (Reply #13)

Thu Feb 27, 2014, 07:21 AM

15. Traffic was godawful thirty years ago, when I was stationed at Bergstrom

Some things never change.

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Response to MrScorpio (Reply #15)

Thu Feb 27, 2014, 07:23 AM

16. think 3 times the cars and half the brains

That's what we have now.

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Response to hobbit709 (Reply #16)

Thu Feb 27, 2014, 08:21 AM

24. And almost 80% of those people came from somewhere else in the last 15 or 20 years.

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Response to MrScorpio (Original post)

Thu Feb 27, 2014, 08:22 AM

25. Not about Race

I realize many want to make this case about race, but it is not about race. For some reason Travis County is strict when it comes to drunk driving arrests. This is not the only person to be arrested for drunk driving based on questionable results. 30% of Travis County drunk driving cases are thrown out. This is more about a county using a when in doubt arrest policy.

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Response to erpowers (Reply #25)

Thu Feb 27, 2014, 11:19 AM

32. So how many whites are regularly arrested in Travis Co.

after blowing 0.0?

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Response to Blue_Tires (Reply #32)

Thu Feb 27, 2014, 11:49 AM

38. ^^^this^^^

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Response to Blue_Tires (Reply #32)

Thu Feb 27, 2014, 01:33 PM

43. I Do Not Know

However, this is not the only case in which someone was arrested for drunk driving without there being enough evidence to convict the person. As I mentioned in my previous post, in Travis County 30% of its drunk driving arrests are overturned. I would not be surprised if a number of the overturned cases involved white people. Also, I watched the video of his sobriety test. It seems to me that he failed the test.

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Response to Blue_Tires (Reply #32)

Thu Feb 27, 2014, 02:08 PM

47. For some people, it's never about race

They think racism doesn't exist.

Of course the people who think racism doesn't exist are mostly white people who have lived privileged lives.

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Response to Cali_Democrat (Reply #47)

Thu Feb 27, 2014, 02:56 PM

50. "They think racism doesn't exist." What?

Are you fucking kidding? Seriously? Honestly, I have yet to see anyone claim or even imply such on this site. I hate to say this, but please get a clue, fella.....SMH.

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Response to AverageJoe90 (Reply #50)

Thu Feb 27, 2014, 04:33 PM

56. White privilege can be a powerful thing

and it blinds even some sensible people.

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Response to Cali_Democrat (Reply #56)

Thu Feb 27, 2014, 06:57 PM

65. "and it blinds even some sensible people." And I'd argue that.....

the belief in "white privilege" does that exact same thing! But see, here's the thing: it actually does in most, if not virtually all cases. I can speak from personal experience in the matter.

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Response to Cali_Democrat (Reply #47)

Thu Feb 27, 2014, 03:02 PM

52. You're right.

They pretend to be colorblind. Which really means willful ignorance concerning the plight of minorities and non whites in this country.

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Response to Blue_Tires (Reply #32)

Thu Feb 27, 2014, 05:38 PM

58. never about race

For some who are not black or brown. NEVER, even when it clearly is about race.

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Response to MrScorpio (Original post)

Thu Feb 27, 2014, 08:38 AM

27. I see now what his crime is...DWB.

Sick. Pathetic. Wrong. He ran a stop sign, but that was not GOOD enough for the arresting officers...no he MUST be drunk.

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Response to MrScorpio (Original post)

Thu Feb 27, 2014, 11:10 AM

30. Sounds More Like DWB Than DUI

Austin, TX, police are constantly in the news for rogue behavior. Only last week they were in the news for questionable police practices and while I don't remember the details of that story they were involved last August in a questionable killing. In this case a man showed up at a bank during normal business hours only to find the bank door locked so he rattled the door to get the attention of a bank employee he could see inside the bank. Police were already on the scene due to an earlier robbery there and when the police approached the man took off running and the officer took off after him, firing a shot that hit him in the neck, killing him. It was the 6th police shooting in just over 8 months.

http://thewestsidegazette.com/austin-texas-still-in-uproar-over-police-shooting/

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Response to MrScorpio (Original post)

Thu Feb 27, 2014, 11:38 AM

36. They just wanted to search his car for drugs -DWB-

and juice the good citizens for money. Low tax states gotta find ways to get revenue.

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Response to MrScorpio (Original post)

Thu Feb 27, 2014, 11:48 AM

37. Breathalyzer? or Blackalyzer? You decide!

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Response to MrScorpio (Original post)

Thu Feb 27, 2014, 12:36 PM

40. These ass holes need to lose a civil suit. Money seems to be

 

The only corrective action these yokels understand.

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Response to Pretzel_Warrior (Reply #40)

Thu Feb 27, 2014, 02:09 PM

48. What makes you think that?

Does the money come out of their pocket? Does the individual officer have to cough up the cash is what I'm asking? The answer in 99.9% of the cases is no. The Department coughs up the cash. They make it up by writing more tickets, raising taxes on the citizens serving them, and Government grants to buy new anti-terror equipment, of which there is no shortage of funds.

It is exceedingly rare that the cop who screws up has to pay. Worst case scenario they get a letter saying bad boy in their permanent record. The Horror.

We pay, you, me, and everyone else in the affected community. Nothing changes, and that is the terrible truth.

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Response to Savannahmann (Reply #48)

Thu Feb 27, 2014, 03:03 PM

53. not true. the cum. effect of being forced as a city or county to pay for rogue cops

 

has an effect on modifying behavior, policies, etc.

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Response to MrScorpio (Original post)

Thu Feb 27, 2014, 03:04 PM

54. The Breathalyzer showed that he CLEARLY wasn't drunk. IF you wanted to get someone

who MIGHT be slightly impaired, but who HADN'T broken the law, off the road for public safety, why didn't you just ask him if he had a buddy that could come drive him home? No need to be a jerk.

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Response to MrScorpio (Original post)

Thu Feb 27, 2014, 03:57 PM

55. omg

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