Laser Interceptor Dual, Laser Interceptor Quad, Valentine 1 & The Escort 8500 X50 - Blue, Uniden BC296D, GRE500, Lasershield, 2011 Kia Soul +, Yamaha FZ6, 2005 Black Dodge Neon SRT-4,
what a joke, the judge just wimped out. Instead of tell the police to stop what they are illegally doing they tell them to sit down with the other side and work out what is reasonable. What is reason is if the police see illegal activity stop it and the drivers being stop to keep their mouth shut and do not answer questions since it not going to help them to answer.
This whole thing is a joke.
IN practice the police won't tell the drivers they don't have to answer the questions; in fact, they WILL tell them they are required to answer... If a driver directly asks if the questions are required, the officers won't say "NO." They WILL instead say that they can detain the driver; they will say they need to determine the level of fatigue. That not answering is could be a violation of law as it is interfering with police work.
The police won't respect this ruling.
I am not even sure how asking about Neck Size, if he has Playboy Magazine, if he has a TV etc. could even in "rare" circumstances be useful questions to determine fatigue.
My current policy is to not talk to cops. Sometimes it is easier to cooperate, but they can charge me with anything and they WILL back down in court.
In my small town they think they are everything on the street. They will flat out tell you they don't care about your rights and write you a ticket anyway! The moment you contest it & demand a trial-by-jury, & hit them with Discovery or a Brady motion etc... They panic big-time and dismiss it if you get the right prosecutor (one of the prosecutors is actually a real man who sees through the B.S. and drops bogus crap all the time).
The other prosecutor tests the defendant by throwing them in a table to test if they will question the jury. If they ask legitimate questions and seriously try to pick a jury, he throws most cases out... He is just trying to put the spot-light of public speaking on that person to see if they cower. If not, he caves.
Sometimes they think the defendant won't speak up, so they wait for the trial to start... As soon as the cops speak then the defendant or his lawyer speak they call a recess. Instantly, they know their stuff isn't together and they dismiss the case mid-trial!