docskreba t1_j2ay6gw wrote on December 30, 2022 at 10:32 PM

Ain’t no time frame on violating the fourth amendment.

j3ngy t1_j2b8osj wrote on December 30, 2022 at 11:44 PM

What exactly are your rights here?

If I were stopped, I would just ask if I'm being detained and if im not, im free to go, correct? Do you legally have to submit to a test?

juwanna-blomie t1_j2b8y7f wrote on December 30, 2022 at 11:46 PM

You don’t even legally have to submit to a DUI test if you’re pulled over. But you CAN be arrested for obstruction.

Nothing2SeeHere4U t1_j2bcpv0 wrote on December 31, 2022 at 12:13 AM

I believe you can lose your license, not obstruction. Technically they can't force you to comply if they don't have reason to arrest you otherwise, but your VA license requires you to agree on penalty of revocation

BurkeyTurger t1_j2benmm wrote on December 31, 2022 at 12:27 AM

You can refuse field sobriety tests and the portable breath test without penalty (legally). You lose your license if you refuse the real breathalyzer at the police station after you are formally arrested.

Relevant bit of code: https://law.lis.virginia.gov/vacode/18.2-268.2/

docskreba t1_j2bgvqb wrote on December 31, 2022 at 12:43 AM

Look at this guy with his fancy sources of relevant information.

(but really, thanks for the info)

Supaspex t1_j2bgt5p wrote on December 31, 2022 at 12:43 AM

You don't say anything, hand over your valid driver's license and current registration...and say nothing. The stop is legal (law enforcement can use it to ensure proper tags, license plate, headlights, etc. are in good working order).

docskreba t1_j2bfhxo wrote on December 31, 2022 at 12:33 AM

Honestly, I’d have to look it up. I’ve lived in so many different places I don’t know what the laws are here. Like others have said though, even if you are right, they can make your life miserable in other ways.

IMO, the fourth amendment died as soon as the Patriot Act was passed in 2001. We gave Caesar his power and he isn’t giving it back.

I’m also fully aware that I’m a middle-aged white guy and any interaction with law enforcement isn’t going to escalate unless I start some shit. Not gonna see me on a viral video challenging the guys with guns, itchy trigger fingers, and relatively little training. I’ve got a kid to take care of.