Question: is that possible? (at the American posters)

[german hick]

The brother of a good friend was with the German Army in the states for some years.
Anywhere northwest - Washington state or Oregon I think.
He was driving a car and was stopped by the sheriff. The Sheriff said he was drunk, but he said he was not. He said he drank nothing for weeks.
But the sheriff said so. He said he had no Chance, was put to jail for a night, got a harsh financial punishment and had to put a control machine in his car so the car only would start if he is sober.
The machine costed ~ 2000 Dollar and often did not work so he was really pissed off.

He said he had no chance to prove he was sober with a blood test or anything - the word of the Sheriff is law.

Could that story be true?

 

[DaveFagan]

The brother of a good friend was with the German Army in the states for some years.
Anywhere northwest - Washington state or Oregon I think.
He was driving a car and was stopped by the sheriff. The Sheriff said he was drunk, but he said he was not. He said he drank nothing for weeks.
But the sheriff said so. He said he had no Chance, was put to jail for a night, got a harsh financial punishment and had to put a control machine in his car so the car only would start if he is sober.
The machine costed ~ 2000 Dollar and often did not work so he was really pissed off.

He said he had no chance to prove he was sober with a blood test or anything - the word of the Sheriff is law.

Could that story be true?

I think it would be more common in a Southern State, but I think it is possibly true.

 

[lpast]

The brother of a good friend was with the German Army in the states for some years.
Anywhere northwest - Washington state or Oregon I think.
He was driving a car and was stopped by the sheriff. The Sheriff said he was drunk, but he said he was not. He said he drank nothing for weeks.
But the sheriff said so. He said he had no Chance, was put to jail for a night, got a harsh financial punishment and had to put a control machine in his car so the car only would start if he is sober.
The machine costed ~ 2000 Dollar and often did not work so he was really pissed off.

He said he had no chance to prove he was sober with a blood test or anything - the word of the Sheriff is law.

Could that story be true?

Youre forgetting that the judge would have to be corrupt as well as the prosecutor as well as the public defender if he had one and if not why didnt he get a lawyer. I lean on the side of this is a fairy tale

 

[PeteEU]

Youre forgetting that the judge would have to be corrupt as well as the prosecutor as well as the public defender if he had one and if not why didnt he get a lawyer. I lean on the side of this is a fairy tale

In a small town in the middle of no where? Not that hard to believe at all. There has been stories like this before.

 

[lpast]

In a small town in the middle of no where? Not that hard to believe at all. There has been stories like this before.

Yes stories, it also depends on when this happened, if it said what year I missed it. Nothing is hard to believe if you want to believe Pete

Legally this is how it works, you get a ticket for DWI you get arrested, you go in front of a judge or you make bail. You get a court date and the court <judge> determines guilt or innocense and the penalty. The prosecutor presents the case. Small town or not thats the legal procedure. I just dont believe it.

Most small town police swindles are they stop you and tell you either you pay them the fine on the spot which they pocket or they give you a ticket, arrest you and impound your car. That actually happened to me personally in South Carolina in the 60s There were 4 of us in the car and he wanted 15 bucks a piece he was a state police officer. Other swindles involve speed traps which the entire town is in collusion with to make revenue for the town and a other means. Most of them are all gone today you cant get away with that crap.

This story just doesnt jive to me I believe its bogus

 

[german hick]

but when you go to court later, it is not possible to prove innocence with a blood test. It has to be made immidiatly. And he said he had no chance for that.

I really don´t know if that is possible, thats the reason why I ask people who must know. But if - it would be very bad for my idea of justice.

I met him personally and it was no story from the internet. But it might be he hyperbolized ;o)

 

[Captain Adverse]

The brother of a good friend was with the German Army in the states for some years.
Anywhere northwest - Washington state or Oregon I think.
He was driving a car and was stopped by the sheriff. The Sheriff said he was drunk, but he said he was not. He said he drank nothing for weeks.
But the sheriff said so. He said he had no Chance, was put to jail for a night, got a harsh financial punishment and had to put a control machine in his car so the car only would start if he is sober.
The machine costed ~ 2000 Dollar and often did not work so he was really pissed off.

He said he had no chance to prove he was sober with a blood test or anything - the word of the Sheriff is law.

Could that story be true?

The answer to the question of whether the story could be true is yes.

First, both Oregon and Washington State have laws requiring the mandatory use of an ignition interlocking device on a first conviction of drunk driving. MADD - Status of State Ignition Interlock Laws

However, as you can see from the link provided, it would require a blood alcohol content of .08 or greater which means your brother's friend would have to have been drinking within a few hours of being pulled over, not "weeks."

Second, it requires a conviction not a ticket, which means he would have to have been brought before a judge and had legal representation. Again, this argues against being sober at time of arrest because evidence must be produced showing Blood Alcohol Content of .08 or greater.

Third, yes there can be some fairly hefty fines for drunk driving offenses.

So again, the story could be true but if and only if he was actually drunk driving. Serious alcoholics are typically in denial about their drunken behavior though, so I'd say he wasn't being truthful about "not dinking for weeks."

 

[german hick]

thank you for that detailed answer

 

[PeteEU]

Yes stories, it also depends on when this happened, if it said what year I missed it. Nothing is hard to believe if you want to believe Pete

Legally this is how it works, you get a ticket for DWI you get arrested, you go in front of a judge or you make bail. You get a court date and the court <judge> determines guilt or innocense and the penalty. The prosecutor presents the case. Small town or not thats the legal procedure. I just dont believe it.

Most small town police swindles are they stop you and tell you either you pay them the fine on the spot which they pocket or they give you a ticket, arrest you and impound your car. That actually happened to me personally in South Carolina in the 60s There were 4 of us in the car and he wanted 15 bucks a piece he was a state police officer. Other swindles involve speed traps which the entire town is in collusion with to make revenue for the town and a other means. Most of them are all gone today you cant get away with that crap.

This story just doesnt jive to me I believe its bogus

And the reason I dont think it is bogus is the fact that many many police forces and local governments get most of their funding from fines or seizing stuff from people.. we saw that with Ferguson and other places. It is a dirty secret of local government in the US. John Oliver had a great story about that last year, but it has been discussed before.

So it would not shock me in any way that it happened at all.

 

[OrphanSlug]

The brother of a good friend was with the German Army in the states for some years.
Anywhere northwest - Washington state or Oregon I think.
He was driving a car and was stopped by the sheriff. The Sheriff said he was drunk, but he said he was not. He said he drank nothing for weeks.
But the sheriff said so. He said he had no Chance, was put to jail for a night, got a harsh financial punishment and had to put a control machine in his car so the car only would start if he is sober.
The machine costed ~ 2000 Dollar and often did not work so he was really pissed off.

He said he had no chance to prove he was sober with a blood test or anything - the word of the Sheriff is law.

Could that story be true?

Too much is missing from the story to assume it is true or not.

Just to get to the point of a judge issuing the order for a "breath alcohol ignition interlock" (or something similar) would require a trial where the sheriff, or DA, would have to present their evidence for arresting your friend. He would have had to have been found guilty of DWI in a court. It is also unlikely that the Sheriff would offer evidence in trial of a DWI without the supporting breathalyzer test or blood test. It would have to be something overwhelming like dash cam or body cam video evidence of the arrest.

There is no possibility of the Sheriff all on his own authority to arrest your friend, find him guilty of a crime, extract a fine from him, and order this device to be installed on the car all without a trial in front of a judge.

 

[german hick]

I said to him I don´t believe btw ;o)

In the end the US are a constitutional state

but I myself woun´t travel to the states although I really would like to see places like New Orleans, New England and many others.

It´s because, and that is reportet by everybody I know who has been there, if you travel the states as a Eusopean (and may be most other Countrymen too) you are treated a little bit like a criminal at the customs. It´s the right of a country to do that if it thinks it brings safety, but I don´t want that for myself.

 

[lpast]

And the reason I dont think it is bogus is the fact that many many police forces and local governments get most of their funding from fines or seizing stuff from people.. we saw that with Ferguson and other places. It is a dirty secret of local government in the US. John Oliver had a great story about that last year, but it has been discussed before.

So it would not shock me in any way that it happened at all.

Ok but in both cases yours and mine its all supposition I just want to say theres a myriad of stories out there like this one. If they were even half true there would be an uprising.

 

[joG]

The brother of a good friend was with the German Army in the states for some years.
Anywhere northwest - Washington state or Oregon I think.
He was driving a car and was stopped by the sheriff. The Sheriff said he was drunk, but he said he was not. He said he drank nothing for weeks.
But the sheriff said so. He said he had no Chance, was put to jail for a night, got a harsh financial punishment and had to put a control machine in his car so the car only would start if he is sober.
The machine costed ~ 2000 Dollar and often did not work so he was really pissed off.

He said he had no chance to prove he was sober with a blood test or anything - the word of the Sheriff is law.

Could that story be true?

Small town in the boondocks? It shouldn't happen, but it would not be a great surprise. I have had similar things happen to me in Eastern Europe a number of times.

 

[german hick]

Small town in the boondocks? It shouldn't happen, but it would not be a great surprise. I have had similar things happen to me in Eastern Europe a number of times.

Oh, yes, that can happen everywhere. In my College times in the mid nineties I was on student exchange to Kiev ;o)

I only wanted to know if that would be legal - I already got my answers.

 

[Manc Skipper]

I said to him I don´t believe btw ;o)

In the end the US are a constitutional state

but I myself woun´t travel to the states although I really would like to see places like New Orleans, New England and many others.

It´s because, and that is reportet by everybody I know who has been there, if you travel the states as a Eusopean (and may be most other Countrymen too) you are treated a little bit like a criminal at the customs. It´s the right of a country to do that if it thinks it brings safety, but I don´t want that for myself.

I haven't found that, but it's been a while. It's fun walking down the "Aliens" channel, till you meet the grumpy jobsworth on the desk. "Have a nice day!"

 

[Beaudreaux]

The brother of a good friend was with the German Army in the states for some years.
Anywhere northwest - Washington state or Oregon I think.
He was driving a car and was stopped by the sheriff. The Sheriff said he was drunk, but he said he was not. He said he drank nothing for weeks.
But the sheriff said so. He said he had no Chance, was put to jail for a night, got a harsh financial punishment and had to put a control machine in his car so the car only would start if he is sober.
The machine costed ~ 2000 Dollar and often did not work so he was really pissed off.

He said he had no chance to prove he was sober with a blood test or anything - the word of the Sheriff is law.

Could that story be true?

No. Not possible. Getting locked up over night? Maybe that could have happened, but not the rest of the story. For it to have happened, at least three different government agencies and all of their employees would have to have been corrupt - that is impossibly complicated to accomplish or even imagine.

You see, the US Constitution applies to everyone within the borders of the US - even foreign nationals. The Fourth, Fifth, Sixth, and Eighth Amendment to the US Constitution apply here:

4th Amendment - The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

5th Amendment - No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

6th Amendment - In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

8th Amendment - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.