Classic Freeman Traffic Stop Video

[Fmotlgroupie]

Hi all,

I thought I would try to provide some entertainment to repay what I get from the forum, and this is one of my favourites. I'm sure many of you have seen it, but there's always new enthusiasts here; I apologise in particular if this is already posted but I didn't have any way to search for it effectively (searching "dumb-ass", "police", "does not consent", or even "drunk" and "impounded" doesn't winnow the FMOTL posts down much).

I present to you a traffic stop of a Mr. Mitchell, conducted in Thrums, BC, by an RCMP officer.

Part 1: http://www.youtube.com/watch?v=8IPct574o4w
Part 2: http://www.youtube.com/watch?v=CCOhRPHIMX8

It is in-car video from the police car, which one would surmise was posted by the accused after he received it as disclosure for trial. It was posted by one "Psychodrilla", who identifies the original poster as Wally Soukoroff (hurrah for Youtube's new shift to proper names, I say as an anonymous poster). Both seem to be Canadian and FMOTL enthusiasts.

Any police officers watching this may be worried by the way that it starts with our crazy driver going for the trunk, but happily he's the blowhard kind of Freeman not the violent kind.

It's kind of entertaining watching the poor officer visiting this particular Crazy-town with a positive attitude.

[fortinbras]

Canadian cops must be very mellow. In most of the US this guy's arraignment would have to wait until he came out of the coma.

This happened in May 2010. What was the outcome?? I couldn't find any news report or court report for a David Mitchell -- altho an Angus David Mitchell was cornered in BC this year for shooting some police, but didn't seem like the guy in the video.

[Burnaby49]

Canadian cops must be very mellow. In most of the US this guy's arraignment would have to wait until he came out of the coma.

This happened in May 2010. What was the outcome?? I couldn't find any news report or court report for a David Mitchell -- altho an Angus David Mitchell was cornered in BC this year for shooting some police, but didn't seem like the guy in the video.

Not the same guy. Angus David Mitchell wasn't a Freeman type, he was an out-of-control nutcase who suddenly blew. He didn't shoot any police, they shot and killed him. Before that he went on a rampage where he shot an ex-landlord (survived) and the owner and waitress of a small local sushi restaurant here in Burnaby (both died). While I can see reasons for a dispute with a landlord it never came out why he went after the Sushi staff.

http://www.news1130.com/2012/05/30/arme ... ple-ridge/

[fortinbras]

Still wondering what happened to the twit in the video.

[Fmotlgroupie]

Ok, after trawling through Court Services Online I found he's probably David Bruce Mitchell. His only criminal code charge out of this was failing to provide a breath sample. Looking at his appearances he missed court a few times, and in January 2012 the second warrant was executed at which time he obstructed a police officer, leading to another charge. This is most commonly giving a false name but Freemen often go the Brian Alexander route of locking themselves in their car, so it's hard to say what happened. Either way the justice system realized he wasn't a good candidate for bail, and he was detained from January 26 to February 1, at which time he pled guilty to both. Sentences aren't shown but I strongly suspect he would have received the statutory minimum 1-year driving prohibition and $1000 fine for the refusal charge and maybe time served for the obstruction charge.

And now, I trust he's a changed man

[Fmotlgroupie]

Oh, and he also had a charge for driving while disqualified shortly afterwards in the Nelson registry so his car would have been impounded for 30 days, an impound fee likely greater than the value of a 1980 Datsun.

[Hilfskreuzer Möwe]

Fmotlgroupie:

You can view the sentences ordered by going to the sentence tab and clicking on the offender's name - that's a link to a popup with the relevant information. In the case of David Bruce Mitchell he picked up the following:

• Criminal Code, s. 254(50 - failure or refusal to provide a breath sample (for a blood alcohol analysis) on May 15, 2010 - $1000 fine, 1 year prohibition from driving (criminal), 1 year prohibition from driving (Motor Vehicle Act)
  
  Motor Vehicle Act, s. 95(1)(a) - driving while prohibited on June 24, 2010 - $750 fine, $115 victim impact surcharge, 1 year driving prohibition
  
  Criminal Code, s. 145 - failure to appear on Feb. 1, 2011 - 3 days jail (time served)
  
  Criminal Code, s. 129(a) - resisting or obstructing a peace officer on Jan. 25, 2012 - 4 days jail (time served)

Not such a bright lad. The refusal to blow is a guaranteed loser since the Criminal Code deems that any refusal to provide a breath sample automatically proves the accused was driving with a prohibited blood alcohol concentration. You might as well take the test and hope for the best.

SMS Möwe

[fortinbras]

In US law, the refusal to submit to a breath test is an offense in itself, separate from drunk driving, and the penalty for refusing the test is automatic and instantaneous suspension of license. Different jurisdictions have different durations of suspension and procedures to apply for reinstatement (and sometimes different strict interpretations of what constitutes a refusal - some states say the slightest hesitation even once is refusal enough to bring on the suspension), but the law has been upheld (esp since promising to comply with this law is an explicit promise required for license application or renewal - this law, when first drafted about 40 years ago was called "implied consent" but nothing implied now, it is expressly consented to in advance of getting the drivers license). The suspension, incidentally, is, technically, not a punishment but a public safeguard, so the driver is not being penalized but rather the public is being protected.

In fact, the suspension for refusal of the breath test had been upheld even if the driver manages to get acquitted of the charge of drunk driving. So refusing the test while cold sober is still an offense sufficient to cause loss of the license.

[Arthur Rubin]

In US law, the refusal to submit to a breath test is an offense in itself, separate from drunk driving, and the penalty for refusing the test is automatic and instantaneous suspension of license.

Well, not exactly. It's not an "offense", but the consequence (not "penalty") of refusing the test is automatic and instantaneous suspension of license.

Actually (at least in some jurisdictions), it's contract law, in a sense. When you sign your drivers' license application, you agree to submit to a breath test.

[fortinbras]

I stand corrected. Yes, the suspension of license for refusal to submit to breath test is not, officially, a punishment but an automatic administrative response in the interests of public safety. As a "not-a-punishment" it falls outside the circle of requiring a trial, being appealable, or qualifying under double jeopardy.

And, once again, I say that the Canadian police must be very mellow. In most (maybe all) of the US, David Bruce Mitchell would not have been allowed to insist on being handcuffed in front (some court cases say behind the back is standard police practice), and trying to kick and twist to prevent being put in the back of the police car would have been instantly charged with resisting arrest, possibly with assaulting a police officer, possibly with attempt to escape, and most US cops would have promptly reached for the pepper spray, the stun gun, or even their nightstick or sidearm.