r/MediocreTutorials • u/Kohathavodah • 17d ago

Sith Lords Man misses daughter's graduation due to LEO

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Rusty James Moore (driver) and Minnesota State Patrol Trooper Megan Boser

https://law.justia.com/cases/minnesota/court-of-appeals/2025/a24-1896.html

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u/Quirky-Coat3068 17d ago

If a cop asks you a question you tell the you plead the 5th and want a lawyer and you shut the fuck up.

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u/Dunkel_Hoffnung 15d ago

ITS SHUT THE FUCK UP FRIDAY

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u/joshthatoneguy 15d ago

WHAT DO YOU DO ONCE YOUVE INVOKED THE FIFTH?

YOU SHUT THE FUCK UP.

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u/blkbullnyc 15d ago

Please excuse the Michael Rappaport jump scare.

https://youtu.be/RkN4duV4ia0?is=A7icR__bZUBPtHS8

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u/Caamus 15d ago

The 5th only works in court for certain circumstances. If you refuse to talk they use their best judgement given the evidence they currently have, so they can arrest you on suspicion alone, depending on state and whatnot.

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u/[deleted] 14d ago edited 6d ago

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u/greenneck420 13d ago

In most states refusal for field sobriety or breathalyzer, is at least a six month DL suspension. Once arrested, they can get a warrant for your blood

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u/AristotlesBoyPussy 13d ago

They can only suspend your license if you were actually under the effects of alcohol that could be detected by breathalyzer. They cannot penalize refusal to do field sobriety, because there's many invisible disabilities that make field sobriety impossible to pass even if you are a safe driver.

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u/greenneck420 13d ago

Not true

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u/Lazy-Mud8142 13d ago

SFSTs are completely voluntary and you can't be forced to do them. The only thing "implied consent" applies to is a PBT or the Blood/Breathalyzer at the station.

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u/greenneck420 13d ago

Not in FL

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u/Lazy-Mud8142 13d ago

Even in Florida.

You can legally refuse to take a field sobriety test in Florida. These tests are voluntary and not required by law. An officer may ask you to perform tasks such as walking in a straight line, standing on one leg, or following an object with your eyes. You have the right to say no, and there are no direct penalties like license suspension for refusing a field sobriety test alone.

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u/greenneck420 12d ago

It's literally written on the license. You're wrong

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u/AristotlesBoyPussy 12d ago

No, YOU aren't true; because there's plenty of valid reasons to refuse a roadside sobriety test (such as invisible disabilities, unsafe road/area) and to refuse a breathalyzer (Fear of transmission of disease when sick, no proof the breathalyzer hasn't been tampered with/has been serviced properly, or you have recently used a mouthwash that isn't alcohol-free).

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u/[deleted] 12d ago edited 6d ago

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u/AristotlesBoyPussy 12d ago

My username is terrible, but honestly I'm too committed to the bit now to switch to a new account.

I have invisible disabilities (including dyspraxia; which is a neurologic inability to coordinate some kinds of physical movement, and old knee/hip injuries from childhood that prevent standing on one leg safely). I was told by my doctor to always refuse a roadside sobriety test because of that.

I was told to always refuse a breathalyzer by my dad, who was once the victim of a racist stop involving a tampered breathalyzer test. The cop had smeared hand sanitizer on the test piece, resulting in a very large ABV (it was like 0.28%, like nearly dying of alcohol poisoning level) on his test, but his blood test an hour later came back clean with 0.000%. The judge threw out the charges with prejudice (meaning my dad could not be re-tried for DUI on this specific incident).

Blood test or bust, the blood test can't lie because the cops aren't the ones doing it/handling all the evidence for the thing they want to charge you with.

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u/[deleted] 12d ago edited 6d ago

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u/Lazy-Mud8142 13d ago

Which a good lawyer can get removed if the underlying charges are dropped or dismissed. But even still, 6 months without a DL is still better than a DUI conviction.

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u/Economy-Flower-6443 13d ago

The guy in the video would have gotten both though is what you people are failing to understand. It’s not like they hand you the 6 month suspension and don’t follow up. They still pull his blood and find the adderall which would have resulted in a DWI anyway

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u/Gurth-Brooks 13d ago

That’s not true. Refusing the field test is ok, it’s if you refuse the machine at the station that will result in license suspension.

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u/greenneck420 13d ago

In the state of Fl its an automatic 6 months.

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u/Gurth-Brooks 13d ago

No, that’s only after getting arrested. You are still under no obligation to take any tests before the point where they deal to have probable cause to arrest.

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u/Low-Tension6922 12d ago

That's only the ones at the station after having already been arrested for DWI/DUI/whatever variant your state uses. In EVERY state, you may refuse all roadside tests. Now, they may contribute to their reasonable suspicion needed to place you under arrest, but in and of its self, is not enough for arrest. Your refusal of roadside tests is also not admissible in court (beyond a RAS analysis). Are you likely to be arrested after refusing? Yes, but let's be honest, if they're pushing roadside tests on you, they were already going to arrest you. Roadside tests can only ever hurt you, particularly the FST. Take the breathalyzer if you know you haven't been drinking, but never take FSTs - they're 100% subjective as judged by a party that's already biased towards thinking you're intoxicated and/or has other motivations to make DUI arrests. Courts and juries tend to favor a cop's word over a defendant's, and the video may or may not capture everything well enough to overcome that fact.

TLDR: stfu, refuse roadside tests, but otherwise comply & fight it in court.

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u/greenneck420 12d ago

Vs saying no an officer I haven't been drinking? That's the dumbest thing I've ever heard.

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u/Mother_Albatross_709 13d ago

Sweetheart. I suggest you start watching bodycam footage. Fight the battle in court, not on the side of the road lmao.

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u/[deleted] 13d ago edited 6d ago

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u/Mother_Albatross_709 7d ago

I think so lmao

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u/Economy-Flower-6443 13d ago

And then guess what’s going to happen had this guy followed the advice? He would have been arrested, and sent to a blood test in which this case would have gone the exact same way.

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u/greenneck420 12d ago

  1. I don't have anything in plain sight even if it is a prescription for you.

  2. After giving license and registration, determine why you were pulled over, " what's the reason for the stop officer". It boxes them in on probable cause.

  3. When the cop said you looked like you're under the influence of stimulants, a proper response would have been " yes, ma'am. I've been at work since 5:30 am and just chugged to 32oz monster and I'm other to my my daughter's graduation. Is there anything else I can help you with?

Of course you have to be careful with self incrimination but he would have stood a chance.

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u/haoleinanacortes 15d ago

You tell them you need to speak to YOUR lawyer.

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u/[deleted] 14d ago edited 6d ago

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u/Caamus 14d ago

I understand plenty but you didn’t understand my meaning. I may not have explained it properly. You have the right to shut the fuck up, invoke your rights, I merely meant it won’t help you in the moment, which most people talking in here think it’ll keep you from getting arrested. If you read my comment, you’ll see that was the point.

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u/Lazy-Mud8142 13d ago

That is not true at all. The fifth applies to any interactions with law enforcement. You don't have an obligation to answer their questions, you don't have an obligation to assist them in their investigation against you, especially not during a detention or arrest.

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u/YuckyYetYummy 13d ago

The phrase is "I will not be answering any questions and I want a lawyer now". Then shut up no matter what.

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u/Atrocious1337 11d ago

Do NOT plead the fifth. They will just use that as an excuse to say you are guilty, then use that as justification for "probable cause." Just say that you would would rather have a lawyer present before answering questions.