Once police arrived at 9:21 that evening, the suspicion that Rose was drunk was high.
Rose remembers a female officer observing that she smelled alcohol in the car.
“Post Covid world,” Rose said, “I put on some hand sanitizer.”
The narrative on the police report shows when Rose stepped out to show an officer the damage, he was swaying for balance.
…Dash-camera video shows Rose stumbling badly during the field sobriety test.
That, too, Rose could explain.
“I kind of stumbled a little when I got out. I struggled, have been bow legged most of my life, so I struggle with balance a lot of the time,” Rose said.
But the smell of alcohol, and the poor performance during the field sobriety test, sealed his fate.
Sober drivers charged with DUI find lives ruined waiting for proof of innocence (wsmv.com)
I don’t think you have not watched a video where a cop utters the “I smell alcohol” or “I smell marijuana” and the proceeds to “test” and arrest somebody on suspicion of DUI plus it gives them a legal excuse to search your vehicle and belongings.
The problem with the gentleman above is he was stone-cold sober as the very late results from the lab proved. It took 6 months to be cleared of charges, but by then the damage to his reputation and life was done. The article goes on with other cases and the horrible backlog of lab testing at the Tennessee Bureau of Investigations’ lab.
I carry alcohol-based hand sanitizer in my vehicle because of my job. I did not know your average cop could not distinguish between the smell of Purell and Mad Dog, but there is something worse: Pot.
I cannot tell you how many times I have been parked somewhere or even waiting for the light to change at an intersection, when my vehicle is suddenly invaded by the smoke of some asshole smoking a doobie nearby. This is not the aromatic weed of my wasted youth, but some seriously rank stuff that makes me wonder if they used skunk DNA to enhance the THC percentage. And it is a bitch to air out, achieved only by doing over 55 MPH and spraying industrial disinfectant at the same time. And the bad news is that I actually saw a video where a cop explained that smelling disinfectant/deodorizer gives them pause and cause to think you are trying to hide the smell of pot and that could be reason enough to detain you and search your vehicle. Does it legally hold water? probably not, but hell if I want to become Defendant Zero and test that in court.
Basically, I may get legally screwed because somebody thinks it is cool light up anywhere anytime and fuck the consequences.
One more of the many reasons I no longer believe in Legalization or even Normalization.
PS: Weed Developers, you should consider doing your genetics shit into developing pot without smell. You would make BILLIONS.
normalizing drugs is another liberal wet dream. doped up morons are easy to control AND as noted above an easy way to take away freedom and ruin someones life … But how do We the People fix it??
Ah yes, the world of “Furtive Movements”. Where ‘reasonable suspicion’, provides reasonable grounds for determining if there is ‘probable cause’ which has a good chance of elevating to ‘beyond a reasonable doubt’ standard, by which to judge one guilty of furtive movements.
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A legal Gut Reaction. Once a person has a gut reaction, that’s the lens of reasoning, through which all things must pass. Since the laws are constructed for the criminal element of society, good people by default are passed through the criminal lens, which only works reliably with…….criminals.
Look up the story of Cobb County Georgia and their “Drug Recognition Expert” officer Tracy Carroll. The dude locked up at least 4 people who were stone cold sober because he went to a special divining class that made him an expert. Then when they got sued by the ACLU, the county hid behind qualified immunity.
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Also, about that smell, you’re not kidding. Several times now I’ve been coming home from the gym at 6AM and have been at a stop light and gotten “that smell” blowing in through my vents from the same damn Nissan Altima (it’s always a Nissan . . . always). Last thing I want to deal with is some of the froggy cops around here who like to smack people around for the hell of it because I got stopped at a red light next to someone that just had have a toke at 6 in the damn morning.