Cops, what ya going to do ? When they...

Cops, what ya going to do ? When they bend and break the laws for each other !

Posted in the Sidney Forum

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Porky Pig

Sidney, OH

#1 May 31, 2012
No wrongdoing

From the Sidney Daily News

Deputies cleared after internal investigation

Two deputies with the Shelby County Sheriff's Office have been absolved of any wrongdoing related to a traffic stop of an Anna police officer last week..........No Surprise Here!

Dotson conducted his investigation to determine if Hodges was intoxicated. Although Hodges refused to take a breathalyzer test, which he is not required to by law......I thought if you refused a breathalyzer, they suspended your license on the spot !

"Deputy Dotson has been a deputy for 10 years and during this time has made high-profile OVI arrests of public officials and handled those investigations without prejudice........Ya Think !

"This is an unfortunate situation for both the deputies and Officer Hodges to have been involved in.....Give me a break !

Shelby County has alot of officers that wear the badge of dishoner !


Real Simple

United States

#2 Jun 2, 2012
Oh so Mr. wise and knowledgeable Porky Pig, enlighten us with your wisdom of the difference between portable breathalyzers and a breathalyzer machine that is used to do the actual test. Do you even know? Which test is allowed in Court and which does the court recognize as being accurate?
Porky Pig

Sidney, OH

#3 Jun 2, 2012
I don't know, I'm just pasteing it from the paper, I always thought if you refused a breathalyzer, your license was suspended, but you know the pigs around here, they will bend and break the law for each other, around here, it's the norm, cops molesting kids and don't even go to jail, and then you got, the whoile Kimple crap, nobody got in that much trouble,for all the wrong doing that got done. but the taxpayers sure got screwed !,,,PIGS,we don't need no law breaking PIGS around here, we need respectable police officers that the public can trust, but that will never happen around here, to much damage has been done !.........
Real Simple wrote:
Oh so Mr. wise and knowledgeable Porky Pig, enlighten us with your wisdom of the difference between portable breathalyzers and a breathalyzer machine that is used to do the actual test. Do you even know? Which test is allowed in Court and which does the court recognize as being accurate?
Porky Pig

Sidney, OH

#4 Jun 2, 2012
Ohio Supreme Court Criminalizes Breathalyzer Refusal
Supreme Court of Ohio upholds the imposition of criminal sanctions on drivers who refuse to take a breathalyzer test.

The Supreme Court of Ohio last Wednesday voted 4-3 to impose criminal sanctions for the first time on a motorist exercising his right to refuse to submit to warrantless testing after being accused of driving under the influence of alcohol (DUI). Until recently, the only sanction imposed for such refusal was administrative.

The decision came down in the case of Union County resident Corey Hoover who had been pulled over by Deputy Kelly S. Nawman on September 8, 2006. Nawman testified that Hoover's tire crossed over the center line of the road, that he smelled of alcohol and that he performed poorly on field sobriety tests. Nawman arrested Hoover and asked him to perform a breathalyzer test at the sheriff's office. Hoover refused.

In 2004, the Ohio legislature "enhanced" the criminal penalty for anyone with a prior DUI conviction who refused to take a breath test upon the demand of a police officer. As a result, Hoover was sentenced to serve the minimum twenty-day jail term set by the enhanced penalty statute. Had he not exercised the refusal option, Hoover's sentence would have been reduced to just ten days in jail. The majority insisted that imposing criminal sanctions in this way did not violate the Fifth Amendment protections against self-incrimination and double jeopardy or the Fourth Amendment protection against warrantless searches.

"It is crucial to note that the refusal to consent to testing is not, itself, a criminal offense," Justice Judith Ann Lanzinger wrote for the majority. "The activity prohibited... is operating a motor vehicle while under the influence of drugs or alcohol. A person's refusal to take a chemical test is simply an additional element that must be proven beyond a reasonable doubt along with the person's previous DUI conviction... Asking a driver to comply with conduct he has no right to refuse and thereafter enhancing a later sentence upon conviction does not violate the constitution."

The high court pointed out that only the license suspension penalty would be imposed on a driver who refused a breath test but was not convicted of DUI. Three justices disagreed with this analysis, insisting the majority was indeed criminalizing the exercise of a constitutional right.

"The issue here is whether the state can criminalize a person's failure to consent to a warrantless search, or in other words, to force a consent to search through the coercive power of threatened jail time," Justice Paul E. Pfeifer wrote in the dissent. "Imposing criminal sanctions for failure to consent goes far beyond the state's power... to regulate the licensure of drivers. The statute at issue herein imposes a codified dilemma -- consent to a warrantless search or face the possibility of a criminal penalty -- and thus amounts to coercion.[The statute] therefore violates defendants' rights under the Fourth Amendment to the United States Constitution and Section 14, Article I of the Ohio Constitution."

A copy of the decision is available in a 65k PDF file at the source link below.

Source: Ohio v. Hoover (Supreme Court of Ohio, 9/30/2009)
Porky Pig

Sidney, OH

#6 Jun 3, 2012
Hey free, this is about a cop who refused to take a breathalyzer test, and they said it was his right to refuse, and it was not against the law, and he got in no trouble, for refuseing, it is in the sidney paper, please read all the post, before you go on your rant!, thank you.
Porky Pig

Sidney, OH

#8 Jun 4, 2012
I agree, he should have been run in, and his license should have been suspended on the spot, for refuseing the test, and they say, everthing is on the up & up, which is total B/S !.........as normal, you have got everything backwards in your mind !I'm not pro pig, I'm anti pig !!!!!!!!!!
free wrote:
Porky Pig ? Sounds more like a disgruntled Porky Pig. The deputy's tried to cut him a professional courtesy break and he turned stupid because his boss is a Democrat candidate and he wanted to make a deal about nothin'.
Did the deputy's run him in ? They should have cuffed him and stuffed him. YABADY YABADY YABADY dat's all Folks ! You're welcome.
<quoted text>
Martha

Cincinnati, OH

#9 Jun 4, 2012
Not sure but think the difference here Porky is a portable breathalyer which the Deputy carries with them and the actual test which is done at an agency. I believe the test at the agency is the one you refuse to take that you lose your license. No need to call the officers names, theres been enough of that done during the last three years.
William B Rec tum

Sidney, OH

#11 Jun 4, 2012
Free, you always try to insult anyone that does not agree with your retarded comments, you rant and rave, but never give an intelligent comment about the posted subject, you always try to start something to get the post, off topic, why don't you post your thoughts about the topic and leave your opinions, in the trash can, where they belong !
Porky Pig

Sidney, OH

#12 Jun 4, 2012
Ohio Supreme Court Criminalizes Breathalyzer Refusal, it does not say that in the report, it says breathalyzer refusal !, so I don't know, you may be right, but I wouldn't chance it, in court, not around here anyway 1..........
Martha wrote:
Not sure but think the difference here Porky is a portable breathalyzer which the Deputy carries with them and the actual test which is done at an agency. I believe the test at the agency is the one you refuse to take that you lose your license. No need to call the officers names, theres been enough of that done during the last three years.
Grow Up

Sidney, OH

#15 Jun 7, 2012
Grow Up Lo s er !.........
free wrote:
Hey "Help Me Please". You ever find that invisible person who hit your oftern damaged vehicle in the Mickey D's parking lot ? You probably backed in to their car and "wrecked-tum" in the rear, didn't you scammer ?
You keep popping out of your hole like a peeking turd....
<quoted text>
Grow Up

Sidney, OH

#17 Jun 8, 2012
Grow Up Lo s er !.........
free wrote:
Hey "hep me pease". Why's your candyass still on here ? Finished crying over your parking lot clunker ? I thought they took the laptop away from you at the nursing home, boy.
<quoted text>
Grow Up

Sidney, OH

#19 Jun 8, 2012
Grow Up Lo s er !.........
free wrote:
You're a social virus ! Hep me, Hep me, Hep me ! Hit the nurse button pissy pants.
<quoted text>
Grow Up

Sidney, OH

#21 Jun 8, 2012
Grow Up Lo s er !.........
free wrote:
Hey nurse ! Pissy pants is all wet again,. Hep him please....
<quoted text>
Porky Pig

Sidney, OH

#22 Jun 13, 2012
Charges dismissed against Anna officer ......


PORT JEFFERSON ...-... In Mayor's Court Thursday, Port Jefferson Mayor, dismissed charges of making an illegal U-turn against Anna police officer Hodges due to lack of prosecution.
Hodges was originally cited to court by Shelby County Sheriff's deputies following a controversial traffic stop after Hodges allegedly made a U-turn from the 47 Bar and Grill in the village..........

Their action resulted in an internal affairs investigation by the sheriff's office in which the deputies were ultimately absolved of wrongdoing for not citing Hodges for an OVI violation.
Contacted Monday, Anna Police Chief, Mr Evans, who had asked for the sheriff's internal affairs investigation, declined to comment on Hodges and the court case until he completes his own department's investigation of the incident........

WTF....No Justice in Shelby County !

Get Your Facts Straight

Sidney, OH

#23 Jun 13, 2012
There is NO penalty for refusing a PBT, portable breath test. It is simply used to help establish whether a person has been drinking. It is portable and carried with the deputies.

Refusing the breathalyzer, which is NOT portable and is administered at the office, is punishable by a license suspension.
bronson

Bellefontaine, OH

#24 Jun 13, 2012
hello
wow

Cincinnati, OH

#25 Jun 13, 2012
Your all dumb if you refuse even a field sobriety test you get arrested and loose your license for a refusing the test.
Buddy System

Mount Vernon, OH

#26 Jun 14, 2012
I'm pretty sure if you refuse the breathalyzer you are automatically going to jail and your license get suspended for 6 months or a year. I don't think if you refuse the test they are going to say, "ohhh ok, well have a good night, you can now be on your way." Whatever it's all a bunch of crooked B.S. My favorite is to when the sheriffs dept all goes out drinking together, then drives home. Paul F. getting blasted in Jackson Center then drive home. Crazy!!
REAL SIMPLE

Cincinnati, OH

#27 Jun 15, 2012
First of all wow I think you need a test as you are wrong and Get your facts straight is correct. Secondly, Buddy System there is no Paul F. who works for the sheriff's office, so get your "facts straight"!
No Justice

Eastlake, OH

#29 Jun 15, 2012
The local cops around here can drive drunk, and they are the only ones that can get away with rape of young school girls and co workers,
but not no dam soccer coach, hang that SOB! I'm sure there is more victims, better check closer to his home, with this guy.
And better check any other young girl around here, especially if they have ever been stopped by a cop !

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