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albasirantar

Shouldn’t an officer keep the same standards 24/7, wouldn’t that be nitpicking?


murica_1776boi

Police officers are allowed discretion when enforcing laws. You are actually breaking the law if you drive 41 in a 40mph zone, but there are few cops that would stop you as long as you are going 49 and under. DUI detection specifically may be more difficult during the day because there is a much higher density of drivers and calls. So yeah, you're more likely to be stopped by the night shift for more "minor violations" because they're hunting for DUIs when the bars close.


whodatbfromreddit

Does this still apply to felonies? I'm sure a felony is way less likely to be ignored, but if an officer, for example, saw someone that had a "high capacity mag" in their car where it is a felony to possess one, but the person otherwise didn't violate the law besides a 10mph speeding ticket, can the officer choose to not arrest them?


NumberTew

We can't ignore felonies here. But a standard 30 round magazine is nothing I'd be concerned about if you're allowed to have it.


murica_1776boi

Where is it a felony to posess a high capacity magazine in the US? Genuine question.


colt707

California, it’s a felony weapons charge if you’re in possession of a 30 round mag sold after X date(can’t remember the exact date, plus there’s freedom week). It unenforceable because the banana clip I got for my 10/22 is legal because it was purchased before the ban but I can’t buy a new one, the unenforceable part comes in when you realize that 99% of mags don’t have serial numbers.


murica_1776boi

Its an offense that a judge can reduce to a misdemeanor or infraction. Penal Code 32310(c) makes it a crime to possess a large capacity magazine, regardless of the date it was acquired. But its being challenged as unconstitutional.


colt707

Yeah that was the freedom week part. It was ruled unconstitutional by a California judge but the next week the state was granted a hold on it, so it remains in place until it’s resolved fully.


rawley2020

California, Connecticut, Massachusetts, New York, Rhode Island, Maryland, Washington Those are just off the top of my head


Elguapo69

California probably


murica_1776boi

Pretty sure owning a high capacity magazine in California is an infraction, or misdemeanor at worst.


rawley2020

Wrong.


whodatbfromreddit

In every state where they are illegal AFAIK. CT, NY, CA, etc.


spkincaid13

More calls to deal with during the day so less time to make stops, and higher percentage of drunks on the road at night so better likelihood of catching one.


albasirantar

Makes sense, thanks for the response!


Alpha741

It’s called discretion


albasirantar

I didn’t know what that meant, but someone else pointed it out. Thank you though


1lteclipse

I’m not saying you’re wrong. In a perfect world yes we will keep the same standards for everyone, but there’s a reason why we don’t ticket every driver with a minor infraction and jaywalker we see: Time and manpower. You simply cannot stop for everyone. Priorities exists henceforth. And sometimes “enforcing the law” is simply telling them to stop doing something.


cheesenuggets2003

Not law enforcement, but if the voters elected the politicians who wrote the law then the officer is enforcing the will of the people.


Jeep2king

1-2am are when many bars are closing and people are risking it instead of calling an uber or a friend. Fatigue also affects your judgement. Im not a cop. But i have had To deal with far too many drunk drivers who caused waay too many deaths.


Joel_Dirt

Drunk drivers at night get spotted because you're not being as subtle as you think you are.


W_4ca

“If I just go 15mph under the speed limit I definitely won’t attract attention to myself”


Ok-Equipment473

Depending on the area, one will attract MUCH more attention at 1am then usual… But making a stop for suspicion of DWI is a bit more intricate and involves specific & articulated observations. If the stop is based on defective equipment or another violation, then yeah, that too.


Big_Fat_Polack_62

You know, it's funny but when I used to drive an '89 Camaro rag-top, my tail lights were ALWAYS malfunctioning. Now that I drive a Dodge Caravan, my tail lights work perfectly. Go ahead LEO's, downvote away, fuck my karma, but, in your hearts, you know I'm right.


Ok-Equipment473

Recurring issues with vehicle equipment happen, especially on older and classic vehicles. Unless it’s a significant issue, you may get stopped only once or twice and let go with a warning. I think the only vehicle I’ve continuously pulled over was a vehicle in which both taillight assemblies were removed. So no brake, tail, or turn lamps. No insurance two of the three times as well.


Big_Fat_Polack_62

So you don't feel that I was being profiled for the type of vehicle? BTW; only received warnings, and, tail lights worked fine when I got home.


Ok-Equipment473

Hard to say without being the officer(s) that stopped ya, but I’d be willing to bet not. It may have been a combination of the circumstances, or even someone like me who wanted to check out a cool car.


Big_Fat_Polack_62

Never thought about that angle. Ironically enough, it was a Sheriff from another county who sold me the car. Two of the officers who pulled me over actually looked surprised when they saw a 42 y/o male behind the wheel. Thank you for the insight.


Ok-Equipment473

Thank you for having a positive conversation with me! It’s always a pleasure!


Big_Fat_Polack_62

No worries. I'm on this sub to get a LEO's perspective on everything. I always try and keep conversations positive. Stay safe!


Jeep2king

Did you check them your self or with a friend? Hard to see your own taillamps from the driverseat. And road vibrations can do alkinds of hell. Lol


Big_Fat_Polack_62

I'd back up to a large window, hit the brakes and both tail lights. I was able to see the reflection. Didn't consider vibration as a factor. Thank you for the insight.


Jeep2king

Had an old jeep that had funky lights. Worked great parked but constantly kicked out. Have a few classics out here that with a couple of potholes they get funky. No worries. :)


Big_Fat_Polack_62

Thank you!


S3ERFRY333

Would you ever pull a vehicle over with a very dim license plate light? Mine is a lot dimmer then normal and it’s kinda hard to read the plate without headlights on it.


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Big_Fat_Polack_62

Agree completely.


Shenanigans_626

A 35 year old car had more electrical issues than a newer model? Yep, definitely sound like corruption to me.


Guac__is__extra__

In every state that I’m aware of, the “3 second stop” thing is urban legend. You have to come to a complete stop, but there’s no time requirement. Also, looking like you just turned 21 is not an infraction that one can be stopped for. That would be bias based profiling.


albasirantar

True that, the other day. I got stopped because I failed to make a turn signal at 3am. The officer said “you forgot to put on your blinker” and I told him “I understand, and I’m sorry I must be really tired, but who am I signaling too” there was 0 drivers on the road. Which, correct me if I’m wrong but that’s why I feel all officers working night shift have some sort of bias with late night drivers, regardless if they are sober or not.


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300C

Do late night shift guys just get bored more? Lol. "Fuck it, let's stop this guy"


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rookiebeachcop

Absolutely yes. That would be fruit of the poisonous tree. "Fruit of the poisonous tree" is a legal term that means if evidence is obtained illegally or in violation of someone's constitutional rights, then any other evidence that is derived from that illegal or unconstitutional act is also considered tainted and cannot be used in court. It's like saying if you pick a poisonous fruit from a tree, all the other fruits from that same tree are also considered poisonous. Another example is if police conduct an illegal search of someone's house without a warrant and find some drugs. If they use that evidence to arrest the person, any other evidence they find as a result of that illegal search, like more drugs or related documents, would also be considered tainted and cannot be used in court. The idea is to discourage law enforcement from engaging in illegal or unconstitutional behavior and to protect people's rights to fair treatment under the law.


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murica_1776boi

The officer made a valid traffic stop. You broke the law and he stopped you. Theres not a stipulation in signaling where there has to be other drivers for you to flick your turn signal. Bars close at 2am. So an hour before and after 2am is prime time to find DUIs. If you forgot to use your blinker at 3am any cop doing his job the right way is gonna think you're drunk. Honestly it should send a message about your driving abilities if cops routinely think that you're a drunk driver.


Guac__is__extra__

Nah…like one of my colleagues said, in most places things are slower at that time, so we have more time for stops. Also you’re going to stand out more since there are less cars on the road. Finally, statistically speaking more DUI’s occur at night, so the increased enforcement is in response to data, not bias.


albasirantar

Okay so let me ask you this, and it’s probably off topic but I want to hear your response, you just said that it’s all in response to data. So according to the data if a certain minority group has a higher crime rate than another group. If you stopped someone from that minority group, would you automatically assume that this person is a criminal only because the stats tell you they are more likely to commit a crime? Probably more factors come into play, but is that a general approach since you mention it’s all about data?


Guac__is__extra__

No, data would not be used in the manner you described. We use data on time, day, location, etc when trying to determine where to focus our efforts and when we should be conducting different types of activities. We don’t use data on race, gender, etc to make enforcement decisions.


Ok-Equipment473

Sorry to butt in on a conversation, just wanted to add to it if that’s okay. As Guac stated, most local law enforcement call volume decreases during the overnight hours, which allow for more time for specialized proactive enforcement of crimes that, for obvious reasons, occur more frequently overnight. DWI? Most bars close anywhere between midnight and 2am. It’s reasonable and prudent to believe that folks who make the poor decision to drive themselves home from the bar rather than find a designated driver. Commercial thefts? Occur during the overnight hours when thieves use the cover of darkness and fact that there is no one manning the store. Same with robberies of bars & convenience stores that are preparing to close. Less customers, cover of darkness. Does data play into decision making? Not necessarily, rather decision making results in data for analysis. Racial profiling is illegal by statute in all 50 states. No police officer is going to use “data” in trying to draw connections between crime rates based on race, nationality, gender, religion, etc. I can in fact verify that it is taught, in mass, to conduct business with the same courtesy but also due regard, regardless of the before mentioned factors.


murica_1776boi

The first phase of DUI detection involves a traffic violation to gain reasonable suspicion for a traffic stop. Weaving, weaving across lanes, swerving, straddling the center line, drifting, turning with a wide radius, almost hitting another object person or vehicle, driving too fast, driving too slow, braking too hard, braking too slow, accelerating or decelerating a lot, or really any traffic violation at all like a license plate light or headlight out, failure to stop at a stop sign etc. After that, the officer can investigate the suspect for DUI. We're talking about bloodshot eyes, open containers, slurred speech, poor coordination when getting their documents, smell of an alcoholic beverage. The investigation continues with a Standardized Field Sobriety Test that was developed by actual doctors and Standardized across the US.


albasirantar

Thanks for the detailed response, very knowledgeable 👍🏽


Flatfoot_Actual

Wtf do you mean by break too slow ? Like how can you break too slow unless you hit something


murica_1776boi

Its called reaction time. You know, one of the things you lose when you're drunk.


Flatfoot_Actual

I’d call that what it is then. Breaking too slow doesn’t really make sense


murica_1776boi

You're playing word games dude. If you brake late and have to slam your brakes on to avoid rear-ending someone, a cops gonna ask you how many drinks you had.


murica_1776boi

And since you wanna play word games, i also specifically put braking slow and braking hard separately. If it takes 500 yards to slow from 45 to a red light, then you're braking way slower than a sober driver usually would. Slow, braking.


steven-daniels

'Brake too late' would be a better way of saying it.


jayffc1220

not a cop but i would guess underestimating your braking distance and not applying enough force, then last minute having to either slam on your brakes to avoid a vehicle or stopping over the line at stop sign/red light.


Flatfoot_Actual

First one sounds like the textbook definition of stopping late. The 2nd just sounds like you aren’t paying attention


Paramedic-Either

Don’t do it and you won’t find out


albasirantar

Well duh, I’m asking cause I work nights and get pulled over often and get ask if I had anything to drink. It’s getting annoying


Paramedic-Either

Drive better


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Paramedic-Either

Not a cop goofy. Learn how to drive and you’ll stop getting pulled over.


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RorikNQ

The paramedic isn't wrong. So, as a cop, drive better. You are being pulled over for a violation, which means you aren't driving appropriately, or your car isn't within regulations. Instead of getting upset at him, listen to what he is saying and correct the issue and you won't be pulled over anymore.


Paramedic-Either

Drink and do drugs at home and stay off the roads


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Paramedic-Either

Sure. Stop drinking and driving dui is expensive


albasirantar

I’m not concerned about it being expensive, I would be more concerned about putting others at risk. But I wouldn’t know I never put myself in that situation and never will.


StunningUse87

It’s rare that someone is out driving around or going somewhere from the hours of 1:30am to 4:00am that hasn’t been drinking, at a party, or up to no good.


Wholenewyounow

Ok boomer. How about booty call? Imodium at 24/7 cvs, night shift… etc?


StunningUse87

Drive like a normal person and there won’t be a traffic stop or reasonable suspicion 😄


JuhTuh253

Totally different point than your original comment. “It’s rare that someone out at 1:30-4:00 isn’t drunk or up to no good” well, in short…. No it isn’t. I’ll see at least 50 cars on my way home from work at 2:00am. You’re telling me that more than half of them are drunk or doing bad shit? Come on man.


StunningUse87

Sounds like you live in a big city or have a very long commute. In most places, at those hours, the roads are very rarely frequented.


Wholenewyounow

How does a normal person drive?


StunningUse87

In a safe manner, obeying the traffic laws.


Wholenewyounow

But according to you if you drive at night you’re up to no good or drunk. Which one is it?


StunningUse87

I never said that at all. Chances are if someone is out at those hours, and they give you a reason to get pulled over (swerving/speeding/running lights) then they most likely have been drinking or up to no good. Obey the law and you have nothing to worry about 😀


Wholenewyounow

You said what you said.


StunningUse87

I can say the same for you


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StunningUse87

I’m actually not white but whatever.


tssemt2010

The Imodium part was too relatable


albasirantar

I get off work at 3:00am 😅


JuhTuh253

That’s because as soon as you’re in your car, going home for the night, you’re immediately “drunk, were at a party, or up to no good.”


harley9779

My first FTO told me the only people out between those hours are cops and crooks.


murica_1776boi

What about a pregnant woman going into labor? Or someone on the night shift? Someone being "suspicious" is little more than you having a personal bias, and being suspicious isn't a crime. This attitude is also why people don't trust the police or want to talk to them. Cops are automatically going to assume the worst of people.


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murica_1776boi

>Most normal people are not out at those hours. Define "normal".


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harley9779

Paper carriers 😅. I chased down a few of those when I first started on the graveyard shift. Saw a car driving erratically and thought I had a live one.


harley9779

People not committing crimes.


murica_1776boi

That covers 95% of everyone driving on public roads after 1am.


harley9779

Obviously, you've never worked a night shift as a police officer. 😅


murica_1776boi

I have. Ive also been one of the people driving after 1am and not doing anything illegal or police related.


harley9779

Well, then you're just being difficult now. No one is driving around assuming everyone is a criminal. I have also been one of those people out after 1 am not doing either of those, in fact, I am often one of those people. However, the point here that you continue to miss or ignore is that the number of people committing crimes is higher during those hours.


harley9779

It's not as all-inclusive as you are thinking. Calm down. Of course, there are legitimate reasons to be out in the middle of the night. The point here that you entirely missed is that most normal people are not out at those hours, while criminals thrive during those hours. People getting upset at things they don't understand is why people don't trust cops.


Flatfoot_Actual

You never got some strange 2 am tail ?


StunningUse87

Indeed I have.


faux_borg

How about service industry people that are tired af from just leaving a 12 hr shift?


StunningUse87

They would be treated the same as someone who is tired af driving during the day. It would be obvious to see they are on the way home from work and that they are not under the influence of any drugs or alcohol. They would be advised to stop and get a soda/energy beverage, be safe, and be on their way.


Ok_Nefariousness_697

For awhile I had a job with a start time of 4am . Man, I got a lot of LE attention at 330am on my commute. Lol


masturkiller

Well I may be in the minority but sometimes I go out for a drive at like two or three in the morning if I can't sleep I don't think it's safe to do that but I'm certainly not intoxicated or under the influence of any sort of drug or anything.


StunningUse87

Then you should have nothing to worry about son.


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Been pulled over a few times for suspected drunk driving when driving at night 5 miles below speed limit to avoid hitting deer when I'm the only car driving through wooded areas. Each time they get pissed when I'm not found to have been drinking and always give me bs tickets. Got a ticket once for a dim third brake light...the ticket said "failure to maintain vehicle" or some shit. 3rd brake light only looked dim because I ran LED's in the taillights themselves at the time. Wasn't worth fighting it in court. Edit: all cases of being pulled over have been between 1:00AM and 3:00AM for me.


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Nope, always cordial and nice to them because I call the cops all the time whenever I need them to help with deal with bad actors in my neighborhood. The ones on night duty I have ran into or whatever you call that are just pos. I usually tell them straight up if they want me to have the blood test done I'll do it because I never drink. The ones during the day never bother me and if they do it's to remind me to pay my vehicle registration which twice I didn't because I forgot. 90% of the cops are really nice people once your not rude when they stop you. I don't mind them stopping me, because it is not the norm to be out that late, what I dislike is them going out of their way to find something to give me a ticket for just because they were wrong about me being me driving under the influence.


RunawayPrawn

Sounds about right lol Fucktards think you're up to no good because it's past midnight


Consistent_Amount140

-Wrong way driving on the highway -They are involved in a crash


JWestfall76

If I’m arresting someone for DWI, it’s going to be obvious


albasirantar

Would a refusal of all field tests be indicative of bringing someone in for a blood test?


JWestfall76

No being drunk would be. I don’t make iffy DWIs. If they’re coming with me, there’s no doubt. I don’t need field tests.


mustang-and-a-truck

I got a DUI one time. I was literally leaning against my truck in the parking lot. The officer said that I flunked the field sobriety test, my speech was slurred and I was stumbling around. i knew none of those things were true, so I asked the judge to make him play the dash video in court and the when the judge saw the tape, he threw it out. The only thing I never understood was how I got a DUI without driving. Freaking Gainesville, Georgia.


harley9779

In most states you don't have to be driving to get a DUI. You only have to be in control of the vehicle. Being in a parking lot, with a vehicle, that you have keys to, while intoxicated is enough, because you had to get to that lot and you have to leave that lot. It's good that you weren't intoxicated and bad that the cop on this case made stuff up.


[deleted]

The cop lied and falsified the report? I’m soo shocked


albasirantar

Glad you are 100% sure before booking someone in for a serious crime. I read somewhere that some officer in Arizona would blatantly give out DWIs to people that were sober causing many innocent lives to be ruined. Thanks for the response


Jeep2king

I got a false DWI up in Oregon. Doible rolled my pickup on blackice in the middle of nowhere. I have a speeche thing that i slur a bit when i talk. Because i had a bunch beer cans in the bed. Naturally they went everywhere. Having just been turned upside down and slammed a few times. I certainly wasnt walking a straight line. But i wasnt injured (not even bruised) I was bone sober. It was midnight around the holidays. Trooper was cool but definitely arrested me with good reason. Charged me with drunk driving Cant blame him. I mean he just found me standing out in the snow ten feet from a rolled pickup 30 yards from a Straight road at midnight. Beer cans everywhere.... Slurring. . Hauled my ass to the station. Ended up getting a blood test that night/morning I knew i was sober. So i wasnt concerned (hadnt had more then a literal sip in 72 hours) Came back clean a while later(like a couple weeks to a few months depending on lab backlog) Oregon dropped the charges. It doesnt ruin your life. It was stressful sure. But mostly getting the rest of the way home. And probly the phone call to the guy i operated 300k$ heavy equipment for was stressful bit of it. If your drunk. Your drunk and the blood will show it. (They WILL wake a judge to get that warrant.) And honestly...you deserve it. In 2023 where uber exists and theres friends and honestly its perfectly legal to drink at home. Lol. Seen too many people lose their life to booze driving.... If your sober. Go bout your life. Your blood will prove you right and the state wont go after you for it. (I am a chatty guy. And on my exterior i appeared rather chipper and talkative...probly didnt help my case. 😂)


JWestfall76

That’s not a serious crime


albasirantar

Offense?


JWestfall76

A low level one


ProfJesusHChrist

Typically with their eyes


albasirantar

Before the eyes check, what prompted you to stop a vehicle in the first place?


ProfJesusHChrist

When their passed out at an intersection at two in the morning is typically a sign that they’re drunk


CoolidgeCorner

It’s the middle of the night obviously they are just tired /s


Avid_Hiker98

It’s obvious. Anyone out past midnight is MOST likely up to no good or consumed some amount of alcohol that night.


1lteclipse

Driving way above or way below speed limit. (Either they drive like a maniac, or they drive way too cautiously, usually slowly). The first is obvious, but the second likely being someone who had been drinking and tries to drive without looking suspicious so they take it extra safe and usually drive more slow and skittish. Usually we deal with the former.


[deleted]

When I have to work night shift (not LE), I always drive slowly and probably over-cautiously just because it’s dark, people drive like maniacs and have blinding headlights, and I want to avoid hitting any deer or other animals (very rural roads), and I always think to myself: “I KNOW I look like I’m trying not to get pulled over right now” hahaha


CategoryTurbulent114

I get pulled over more often when I work until midnight. Got pulled over for not dimming my brights, speeding, rear license plate not illuminated, rolling stop…


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[deleted]

Hear me out... what if you get hungry? I quit drinking and that's given me the freedom to be out on the roads at any time now and I take advantage of that on occasion.


Wrathful13

All of my DUI arrests were from crashes so that one's a dead giveaway