Common Legal Rumors?

A few of us were talking at work about common police thing that people tell you are illegal but no one ever really knows for sure. Anyone hear of these and know which ones are true?

  1. It is illegal to drive without a shirt and/or shoes

  2. If you are drunk and get pulled over, your best chance is to deny the breathalyser and take the charge. I guess the logic behind this one is that in court, all the evidence on your record is that you denied it so its looked lighter on your record.

[quote=“boxxa”"]

A few of us were talking at work about common police thing that people tell you are illegal but no one ever really knows for sure. Anyone hear of these and know which ones are true?

  1. It is illegal to drive without a shirt and/or shoes

  2. If you are drunk and get pulled over, your best chance is to deny the breathalyser and take the charge. I guess the logic behind this one is that in court, all the evidence on your record is that you denied it so its looked lighter on your record.

[/quote]

1: true… not allowed to drive without shoes… not sure about a shirt

2: yes, you have the right to refuse it… but odds are, you’re still gonna get screwed (and refusing a sobriety test has a whole slew of fines and penalties associated with it as well)

God bless the man who put the internet on computers:

Chemical test refusal is a separate issue from whether or not you were guilty of an alcohol or drug-related violation. If you refuse to take the test after being arrested, your license will be suspended when you are arraigned in court on the alcohol or drug-related charge. Also, the fact that you refused a chemical test may be introduced in court when you are tried on the alcohol or drug-related charge. If a DMV hearing later confirms you did refuse the test, your license will be revoked even if you are found not guilty of the alcohol or drug-related violation. For information on license revocations and civil penalties for chemical test refusals, see Chapter 2.

Chemical Test Refusals (Also see Chapter 9)

Chemical test refusal, drivers over age 21: minimum six-month revocation.

Chemical test refusal, drivers over age 21, within five years of a prior refusal revocation or any alcohol or drug-related violation: minimum one-year revocation.

Chemical test refusal, drivers under age 21, first time: minimum one-year revocation.

Chemical test refusal, drivers under age 21, second time: minimum revocation until age 21 or one year, whichever is longer.

Zero Tolerance test refusal: minimum one-year revocation.

So yeah, if you’re sure you’re drunk refuse the test. You’ll still lose your license but it will at least be a challenge to convict you of DWI and send you to jail.

There appears to be no laws regarding proper clothing or footwear. Until someone can show me proof to the contrary, I believe there is no law.

[quote=“BikerFry,post:3,topic:36686"”]

God bless the man who put the internet on computers:

So yeah, if you’re sure you’re drunk refuse the test. You’ll still lose your license but it will at least be a challenge to convict you of DWI and send you to jail.

There appears to be no laws regarding proper clothing or footwear. Until someone can show me proof to the contrary, I believe there is no law.

[/quote]

Interesting read. That kinda goes along with what we were talking about. I know your license gets suspended for 6 months and you still can be charged for refusing it but in court, there is no evidence of you failing one.

Just kinda talking about some legal rumors at work when we were bored and figured I would see what ones people have heard too.

[quote=“BikerFry,post:3,topic:36686"”]

God bless the man who put the internet on computers:

So yeah, if you’re sure you’re drunk refuse the test. You’ll still lose your license but it will at least be a challenge to convict you of DWI and send you to jail.

There appears to be no laws regarding proper clothing or footwear. Until someone can show me proof to the contrary, I believe there is no law.

[/quote]

heh… what do you know. In a defensive drivers course a few years ago (instructed by a cop) they told us it was illegal… but you are correct… I can’t seem to find anything on it either.

[quote=“Dr.Stevil,post:5,topic:36686"”]

heh… what do you know. In a defensive drivers course a few years ago (instructed by a cop) they told us it was illegal… but you are correct… I can’t seem to find anything on it either.

[/quote]

I have a feeling you’re pretty far from “top cop” when you get assigned to traffic school duty. I wouldn’t trust anything he said.

lol I think that was one of those things like how they tell you that the person on the on-ramp has the right of way. They don’t. But it will teach you to be courteous an let them in.

[quote=“JayS,post:6,topic:36686"”]

I have a feeling you’re pretty far from “top cop” when you get assigned to traffic school duty. I wouldn’t trust anything he said.

[/quote]

My defensive driver school cop was a Lieutenant :gotme:
He did the class because he enjoyed it.

As far as the whole refuse the test, Ive herd it from multiple officers that if your really hammered to refuse it.

[quote=“JayS,post:6,topic:36686"”]

I have a feeling you’re pretty far from “top cop” when you get assigned to traffic school duty. I wouldn’t trust anything he said.

[/quote]

Traffic school workers are not law enforcement officers, unless it is a side job.

The people who teach traffic school work for the DMV.

[quote=“nappy1380,post:9,topic:36686"”]

The people who teach traffic school work for the DMV.

[/quote]

WRONG!

police do it as a side job and get paid as OT by the state or county if im not mistaken

[quote=“JDMAllstars,post:10,topic:36686"”]

WRONG!

police do it as a side job and get paid as OT by the state or county if im not mistaken

[/quote]

Actually not wrong. I audit classes and report to…NEW YORK STATE!

What about if you are buying illegal drugs from an undercover cop… is it true that he or she has to tell u if they are a cop if u ask? Entrapment?

What about possession is nine tenths of the law thing??

[quote=“nappy1380,post:11,topic:36686"”]

Actually not wrong. I audit classes and report to…NEW YORK STATE!

[/quote]

no, you are wrong. the people who do the classes do not necessarily work for the dmv. they have to follow guidelines that are set by the dmv, but that doesn’t mean they work for them. i also audited the point and insurance reduction classes.

[quote=“92slowcivic,post:13,topic:36686"”]

no, you are wrong.

[/quote]

gotta agree… been 2 two defensive driving/driving school classes and both were instructed by cops

[quote=“Johnnylude,post:12,topic:36686"”]

What about if you are buying illegal drugs from an undercover cop… is it true that he or she has to tell u if they are a cop if u ask? Entrapment?

[/quote]

false. If said cop encourages you to do it against your will, then it’d be entrapment.

[quote=“Johnnylude,post:12,topic:36686"”]

What about if you are buying illegal drugs from an undercover cop… is it true that he or she has to tell u if they are a cop if u ask? Entrapment?

[/quote]

that is absolutely not true. that would defeat the entire point of undercover policing. i don’t know how that rumor started but it has probably helped in the arrests of many unsuspecting criminals.

Wow I can see it unfolding now…
Loser-“Hey bro, you ain’t a cop is you?”
Cop-“Umm…No?”
Loser-“Awh sweet, you got some dope yo?”
Cop-“Umm…Yes!”
Loser-“I go ten buck”
Cop-“Your under arrest”
Loser-“But you said you wasn’t a cop, awwwh”

[quote=“Johnnylude,post:12,topic:36686"”]

What about if you are buying illegal drugs from an undercover cop… is it true that he or she has to tell u if they are a cop if u ask? Entrapment?

What about possession is nine tenths of the law thing??

[/quote]

i have heard if an off duty cop is asked, he has to tell you hes a cop.

[quote=“ultradriver10000,post:17,topic:36686"”]

Wow I can see it unfolding now…
Loser-“Hey bro, you ain’t a cop is you?”
Cop-“Umm…No?”
Loser-“Awh sweet, you got some dope yo?”
Cop-“Umm…Yes!”
Loser-“I go ten buck”
Cop-“Your under arrest”
Loser-“But you said you wasn’t a cop, awwwh”

[/quote]

lol, thats how all the cop shows are.

I’m also wondering about driving without shoes on. Its hard to drive with flip flops on so I usually take them off and drive bear foot. If I’m going to be driving for more than 10-15min I’ll put sneakers on while I drive.

[quote=“ultradriver10000,post:17,topic:36686"”]

Loser-“Hey bro, you ain’t a cop is you?”
Cop-“Come on, do I really look like a cop to you?”
Loser-“Awh sweet, you got some dope yo?”
Cop-“Umm…Yes!”
Loser-“I go ten buck”
Cop-“Your under arrest”
Loser-“But you said you wasn’t a cop, awwwh”

[/quote]

If all my years of watching Cops has taught me anything, they never actually say no, they just confuse the stupid people and never really give a straight answer.