Trip Report - DUI

[UncleSalty]

You sure do. Congrats! YOU ARE THE SMARTEST MAN ALIVE!!

[By-Tor]

again...this is all we have? name calling and the likes?

pretty sad.

i keep waiting for one of you idiots to tell me how stupid drunk driving laws are and that the OP is a victim.

[ScottieK]

Update on my friend's DWI case. I talked to him last night, and he said that the officer who arrested him got stuck with two charges of suspect abuse and has since been kicked off the force. My friend's lawyer effectively wrote the book on prosecuting DWI cases in New Mexico, then he switched sides and started defending cases about twelve years ago (more money in it, perhaps?)

My friend said that he talked to other lawyers about his case, and they hemmed and hawed about what they could do, how bad it would be.... the lawyer he hired looked at his case for two minutes and said "no problem, I'll have this dismissed in a week." Sure enough, he punched a hole through the cop's sobriety test...basically, the cop made my friend do something to lose his balance that cops aren't allowed to do. Cop's testimony got thrown out, prosecutor didn't have a case after that. Case dismissed. $3500 please. Suggest to BB that he gets a lawyer like that who inspires confidence in getting the charges dismissed.

Interesting article on MADD. I've always wondered about the constitutionality of DWI checkpoints. Even though the Supreme Court basically said they are unconstitutional but necessary, state courts like Michigan have deemed them against their state's constitution. Other states have placed additional requirements on the checkpoint officers to make sure they are closer to being constitutional.

ScottieK

[DrewDevil]

I think drunk driving laws are pretty stupid and OP is a victim.

He didn't hurt, or even endanger, anyone.

I think if a drunk driver kills someone while drunk driving, he should get life in prison. Maimings, etc. should also carry lengthy prison sentences.

But a drunk driver who just drives home and never hits or endangers anyone? He's not doing anything wrong.

OP is stupid for not observing the laws as they are now, and not knowing what to do when he was pulled over, but that doesn't mean the law itself is a good one.

[Peter Harris]

I'm sure if you want to contest the charge your lawyer could contrive a full proof legal challenge.

[tuq]

[ QUOTE ]
But a drunk driver who just drives home and never hits or endangers anyone? He's not doing anything wrong.

[/ QUOTE ]
I don't agree with this because it uses the hot-button word "drunk". Nobody should support a clearly impaired driver's ability to somehow find his way home. Also, they way that was written unwittingly lumps OP in with people who are driving drunk which - if his story was honest - he was not.

The problem is that it's hella politically incorrect to argue in favor of situations like OP's. Notice how you don't hear of a single politician in favor of rolling back the laws to 0.10 or whatever.

Also, I definitely agree that OP was a victim, and as is often the case with these sorts of things lawyers are going to be the only real winners.

[Bicycles_Biatch]

[ QUOTE ]
I love it when Bi-h00r trolls himself into a corner.

[/ QUOTE ]

yeah... this cracks me up... the law is the law is the law is a great argument.

I can't imagine why we even need a court of law, lawyers, an appeal system, appealate courts... might as well just scrap all that and let cops establish their own judge-dredd style of law enforcement.

The botton line is that I'm a responsible guy. I even stopped winning gobs of money at on-line poker and closed all my accounts once the government made it clear that this is breaking the law.

If I was in ANYWAY not capable of driving at 100%... i would have slept on the couch at my work... which I've done several times.

Granted, having not eaten, not slept, or just pulled 14 hours of stressful work may have added to my absent-minded speeding... but I think this is just par for the course and these "crimes" / disstractions happen to us all on a regular basis.

BTW... while we are talking about the "law", something like 40 states have some type of ban / restriction on cell phone usuage in your car. So you are probably wrong about it not being illegal in your locale.

AND- To go back to my original argument... whether you want to argue law or common sense... the government has established that you are less likely to be able to control your car at 66mph vs 65mph. Therefore, everytime you speed, you are as guilty and as much of a "douchebag" as you claim that I am... just food for thought.

[Bicycles_Biatch]

[ QUOTE ]
[ QUOTE ]
But a drunk driver who just drives home and never hits or endangers anyone? He's not doing anything wrong.

[/ QUOTE ]
I don't agree with this because it uses the hot-button word "drunk". Nobody should support a clearly impaired driver's ability to somehow find his way home. Also, they way that was written unwittingly lumps OP in with people who are driving drunk which - if his story was honest - he was not.

The problem is that it's hella politically incorrect to argue in favor of situations like OP's. Notice how you don't hear of a single politician in favor of rolling back the laws to 0.10 or whatever.

Also, I definitely agree that OP was a victim, and as is often the case with these sorts of things lawyers are going to be the only real winners.

[/ QUOTE ]

I don't feel that I'm a total "victim" here... I did break the established law... It was questionable, and think the officer could have let me go in good conscious knowing that I was getting home safely... but overall I wouldn't mind paying a small fine.

HOWEVER, I don't think the punishment, 12 hours in jail, the embarrassment of being a "criminal"... it just doesn't exactly fit the crime. I didn't endanger anyone.

For example... I know that I drive to fast. It's something I do regularly and I accept the punishment if I'm caught. I think a $400 - $500 ticket makes sense.

But losing my license and being labeled a "criminal" for my actions is just ridiculous.


EDIT- after reading that MADD article.... I might be the "victim" of bad laws and an over-zealous system. Going to have to ponder that.

[By-Tor]

[ QUOTE ]
...I didn't endanger anyone....

[/ QUOTE ]


if you honestly believe this, you are very ignorant.

[MuresanForMVP]

[ QUOTE ]
again...this is all we have? name calling and the likes?

pretty sad.

i keep waiting for one of you idiots to tell me how stupid drunk driving laws are and that the OP is a victim.

[/ QUOTE ]

By-Tor, didn't you once intentionally slam another motorist into a guardrail?