Man Arrested For Refusing Sobriety Test Gets The Last Laugh: A Cool $70,000


Falling asleep at the wheel could be a pretty dangerous concept, for both the driver and any unfortunate pedestrians who happen to be nearby; the degradation of one’s mental state could be comparable to the effects of alcohol, and being tired could even cause you to fail a field sobriety test, should you agree to take it.

Used by police officers to enforce DUI laws, field sobriety tests, AKA roadside sobriety tests, often come before the more scientific Breathalyzer tests. Be you drunk or just plain tired, a field sobriety test never has a pleasant outcome.

Police perform the three-part test after a traffic stop or at a checkpoint. These tests judge your balance, physical ability and attention level. Police officers have demanded such strange “performances” as reciting the alphabet… backwards. Think that’s easy? Give it a try for real; you’ll realize that wide-awake, sober individuals will just as often fail these tests. I suspect the cops get a kick out of it, regardless of your mental state.

Knowing your rights can really help you avoid becoming another cop’s “entertainment”. A man who was informed of his rights refused to submit to a field sobriety test at an unconstitutional police check point. He then refused to comply with any of the officer’s further demands, as the officer began to claim that the man was required to follow his commands by law. This resulted in his unconstitutional arrest, based only on the fact that he had “blood-shot eyes”.

It has been two long years, and the man in the video has been awarded $70,000 for the false arrest made by Officer Koby Arnold badge number 3347, the police officer in the video.

The man was forced to take a blood test when he got to the Santa Monica, California jail. The test revealed that he was only drunk on exhaustion.

He was arrested, had his dogs sent to the pound and was constantly threatened by the Santa Monica Police Department…. All because he was tired. This is a clear breach of his rights.

At the same time I would point out that if you’re that tired, although they should not be allowed to arrest you, commonsense dictates that you should just take a quick nap on the roadside or take public transport anyway. Drive safe, people.

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    • I recall that as a teenager I was working at a country club where the policemans’ ball was taking place, and I walked into the mens room to find a dozen cops and a huge pile of cocaine. A moment after I walked out of the room my twin brother walked in and saw the same scene. Now those cops went half ballistic trying to find out who we were so they could destroy our lives, or at least separate us before we could compare notes on what and who we saw. My mom was very much involved in politics at that time however, and so I just crossed the room and laid that story on the governor. Needless to say, the cops in that town never bothered me again. The lesson? You can use police procedure to secure the fingerprints of every local cop when you move to a new town. plant evidence that traces back to the police department at several crime scenes. Hey, the police falsify evidence to serve their purposes, including protecting their corrupt lifestyles. You are completely within your rights ruining their lives and destroying their careers.

      • I’m sorry, it is not right to perpetuate the cycle. If you see behavior that you know is wrong, you can not justify engaging in that same behavior and not know you are wrong. I feel you though, when we are wronged we want an eye for an eye. But our smartest approach will always be to do unto others as you would have them do unto you.

  1. Mr Checkpoint, a simular thing happened to me here in Knoxville and I was beaten by 8 cops. I have degenerative spinal disorder. My cane, see, was a “Weapon” It took 20 minutes after i was stopped to charge me with DUI. Oh my god i am so horrified, the part about the Dogs. I often ride with unshkins, the Ubercat, who loves the car (!) and I WOULD have ‘assaulted the officer’ had the goon even made a THREAT against her! I need to ask u a question. Did u have friends of yours tell u not to fight while u were bravely conducing your suit? I cannot for the life of me understand well intentioned people, u’d assume that say “Give up!” No wonder we now live in a complete and utter Police state. i LEFT California because LA is OUT of control. I went to court 13 times in 11 years, won 12 times and it just got fucking BORING! I tell me stories on me web at peter choyce dot net. Do feel free to contact. I’m not the most ‘mentally stable person in the world,’ people know this, hence the ‘advice’ i keep being offered. I feel I was bought up RIGHT in the “Old America” and have a moral obligation not to walk away. The 70 odd men i met during my 48 hour torture session do not HAVE a webpage, radio show or host of international observers!! They pulled me over, assuming I was a shmoe. It’s a RACKET the whole DUI thing. BONDSMEN? When did that appear in LAW LAND? Bars, restaraunts and Billboards litter the landscape and are BAIT for the police to follow u home. This HAS to stop, NOW.(!) HOW much does it cost? Why am i having such time trying to find a Lawyer? Must i defend MYSELF again, as I did in LA? This time its for 4 false charges. Do contact. U are a brave and sadly, RARE American. You must be “All man,” the old fashioned way! Peter choyce of Knoxville.

  2. I’m soooo gobsmacked with the Police Terror you guys face in the U.s, this would not fly in Australia, no such thing as a ‘Field sobriety test’ – you blow into the breathalizer machine, THEN if u r not happy with the results you can DEMAND a blood test (ON SITE), they CANNOT & DO NOT arrest you until you are actually FOUND TO BE GUILTY (well over the limit of alcohol allowance)

    The breathalizer is not at all accurate either, as the alcohol in ur mouth (residue on gums, tongue etc are registered), so obviously if u are a few points over, you get a blood test on-site – PLUS this can take 30mins – 2hrs to arrive on scene, so you get a chance to actually sober up a bit too 😉


    • You are right. Military policing isn’t right.

      I’ve never been in america. And I always want to shoot a real gun (no need to own them. Just want to know how to use them).
      In any case. Here in germany I never had any problems with the police.

      In germany you are actually allowed to clean your mouth before a breathalizer test (many don’t know this :D)

      Do I want to right to own a gun and life in a land with ciminal police … nah germany is fine…
      Hey we got speed limit free streets … thats way cooler then a gun 😀


  3. I can actually comment on this subject as I faced a similar ridiculous event on my holiday in the states 2 years ago.
    I was ultimately pulled over by a police officer and his colleague somewhere between Daytona Beach and Orlando due to my rental car having a faulty tail-light. Ultimately the officer wanted to write me up for it, but reviewing my credentials he felt the need to get offensive about how I would skip out on the fine by going back across the Atlantic, or some such horse-shit. (which is evidently more horse-shit considering the fine would follow me overseas with a penalty anyway)

    Ultimately while speaking his slander, he noticed that I had multiple “drug paraphernalia” lying on the passenger seat and a (MALT) beer in the cup-rest.
    He then felt the need to coerce me out of the vehicle, patted me down and searched the car. He then had a sudden moment of clarity and went through my wallet to find my “medical card” which stated that I suffered from ‘type 2 diabetes’ and “thyroid disease”, which he happily accepted to be why I was twitching from the waist up.

    However, the -pardon my French- complete idiot then asked me to in facto do the sobriety test stated in this article (reversing the alphabet).
    Although my knowledge of my rights in the States are not that good, I was able to conduct a very good argument and ultimately asked the cop in response whether he was capable of the test in the first place.
    After some debate he ultimately cured from his power-trip and decided to let me go, partly because he probably didn’t want the dash-cam footage to be reviewed since it would disgrace is career.

    I still have thoughts about future holidays to the states.

  4. I have never heard of any police officer having you say the alphabet backwards. Again, an article that takes a rare example of of an over zealous police officer causing problems for some one not causing trouble. The fact is, many times those check points are effective for pulling drunk drivers off our roadways. They also locate many illegal aliens and wanted people running from the law. It may be our right to refuse to cooperate when stopped, but you must remember….driving a car is a privilege, never included in the US Constitution as a protected right.

    • Yes driving is a privilege simply because you couldn’t fine me if it was a right, taking rights away and then selling them back makes all of this legal. To stop me to see what I am doing, just happens to be none of their business. I don’t break the laws, so I don’t need you to check me out to see if I am, in this case I am guilty until you prove me innocent, this is America, remember, the land of the free, now it is papers please. You people that justify gestapo tactics disgust me.

  5. Ha, I have pulled over to take a nap and then had to do the song and dance number provided by our finest. I was treated more like I just killed the jerks mother, until he figured out I hadn’t been drinking, of course by then I was wide awake and hoping he would pull over the right guy in the near future. That ate at me for a good week. Of course this is what you get when you have nothing but revenue agents roaming the streets. Another time I got a parking ticket for pulling over and taking a nap, YOU can not do what is right.

  6. Too bad if you try to take a quick nap in your car the cops will arrive immediately, demand you wake by pounding on your window and shine a flashlight in your face. They seriously don’t give a dam about anyone. I’m seeing more and more people volunteer to vehicle and body searches when that’s a totally illegal act by the police. You do not have to say one word! EVER! They’re seriously baiting you into implicating yourself so they can haul you to jail! So refuse illegal field sobriety tests. And never blow in the breathalizer. C’mon people. Know your rights! Go to jail for a night to defend those rights.

  7. I’ve had cops make me recite the alphabet backwards and from a random letter forward to random letter. I’ve done all the sobriety tests, on gravel, concrete, roads, slopes etc. And of course follow the finger test. And a very special with one hand, starting with my pinky finger, touch my thumb and count one, ring to thumb two, middle to thumb three, pointer to thumb 4, and then the way you came from four to one, back and forth until their happy. So 1 2 3 4 4 3 2 1 1 2 3 4 4 3 2 1 all while matching fingers to numbers. That one I passed…


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