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#81
10-10-2006, 11:15 PM
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Re: Getting Pulled Over Intoxicated
[ QUOTE ]
Thanks for the helpful information msplg, thats the assumption I was under from what I heard from my friends who went through the same ordeal. [/ QUOTE ] Just so I'm clear, you posted for advice, ignored most of it, and thanked the person who confirmed your preconceived notions. Re-read several posts, especially kipin's, and take them to heart. or you can represent yourself, utilizing the same degree of logic you've demonstrated in this thread... and get railed because the DA has political aspirations, or the judge got into a fight with his wife that morning, or the 5 defendants that preceded you pissed off both of them. I'm looking forward to your "don't represent yourself in court if you're charged with DUI" post. 
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#82
10-10-2006, 11:37 PM
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Re: Getting Pulled Over Intoxicated
[ QUOTE ]
[ QUOTE ] Refuse to take the BAC test, you'll still be charged with DUI, your license will be suspended for at least 1 year, and the fines added on are pretty big. During a DUI stop, you don't have any rights to refuse. At least, that is the law in Pennsylvania. [/ QUOTE ] There is some info missing here from the Pennsylvania law. If you do refuse a test, yes, you may still be charged with DUI if the DA has enough evidence to go forward with the cops charges. But... it is really hard to convict if they do not have Blood or Breath evidence. Second, Yes you do have a right to refuse. You will lose your license for one year until you appeal which automatically stays the one year suspension until you have your day in court. You than have a hearing with the Dept. of Transportation and a Judge. Than the Judge rules if you lose your license or not. I know this personally as I beat a DUI and I beat the one year licence suspension in Pennsylvania. I know I'm more of the exception than the rule as I do not believe many people have pulled this off. Third, Unless things have changed I do not believe that you get any extra fines by refusing. Get a lawyer and never take or get legal advice from a cop or a message board as you can see that sometimes the info is wrong. [/ QUOTE ] I'll get a copy of the O'Connell Warnings and type it out word for word. It'll be a couple weeks though.
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#83
10-11-2006, 12:03 AM
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Re: Getting Pulled Over Intoxicated
[ QUOTE ]
[ QUOTE ] [ QUOTE ] Refuse to take the BAC test, you'll still be charged with DUI, your license will be suspended for at least 1 year, and the fines added on are pretty big. During a DUI stop, you don't have any rights to refuse. At least, that is the law in Pennsylvania. [/ QUOTE ] There is some info missing here from the Pennsylvania law. If you do refuse a test, yes, you may still be charged with DUI if the DA has enough evidence to go forward with the cops charges. But... it is really hard to convict if they do not have Blood or Breath evidence. Second, Yes you do have a right to refuse. You will lose your license for one year until you appeal which automatically stays the one year suspension until you have your day in court. You than have a hearing with the Dept. of Transportation and a Judge. Than the Judge rules if you lose your license or not. I know this personally as I beat a DUI and I beat the one year licence suspension in Pennsylvania. I know I'm more of the exception than the rule as I do not believe many people have pulled this off. Third, Unless things have changed I do not believe that you get any extra fines by refusing. Get a lawyer and never take or get legal advice from a cop or a message board as you can see that sometimes the info is wrong. [/ QUOTE ] I'll get a copy of the O'Connell Warnings and type it out word for word. It'll be a couple weeks though. [/ QUOTE ] Do not waste your time here it is. O'Connell Cited in Charles Rechel v. Commonwealth of Pennsylvania Department of Transportation, Bureau of Driver Licensing This proves my point that you have a right to appeal the one year liscence suspension. Most people do not win but I did manage to win my appeal vs. Commonwealth of Pennsylvania, : Department of Transportation, : Bureau of Driver Licensing. This plays out in Civil Court. All I'm saying is yes it is a automatic one year suspension but...that statement is not completely true, now is it?
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#84
10-11-2006, 12:06 AM
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Re: Getting Pulled Over Intoxicated
[ QUOTE ]
[ QUOTE ] [ QUOTE ] [ QUOTE ] Refuse to take the BAC test, you'll still be charged with DUI, your license will be suspended for at least 1 year, and the fines added on are pretty big. During a DUI stop, you don't have any rights to refuse. At least, that is the law in Pennsylvania. [/ QUOTE ] There is some info missing here from the Pennsylvania law. If you do refuse a test, yes, you may still be charged with DUI if the DA has enough evidence to go forward with the cops charges. But... it is really hard to convict if they do not have Blood or Breath evidence. Second, Yes you do have a right to refuse. You will lose your license for one year until you appeal which automatically stays the one year suspension until you have your day in court. You than have a hearing with the Dept. of Transportation and a Judge. Than the Judge rules if you lose your license or not. I know this personally as I beat a DUI and I beat the one year licence suspension in Pennsylvania. I know I'm more of the exception than the rule as I do not believe many people have pulled this off. Third, Unless things have changed I do not believe that you get any extra fines by refusing. Get a lawyer and never take or get legal advice from a cop or a message board as you can see that sometimes the info is wrong. [/ QUOTE ] I'll get a copy of the O'Connell Warnings and type it out word for word. It'll be a couple weeks though. [/ QUOTE ] Do not waste your time here it is. O'Connell vs. Pennsylvania This proves my point that you have a right to appeal the one year liscence suspension. Most people do not win but I did manage to win my appeal vs. Commonwealth of Pennsylvania, : Department of Transportation, : Bureau of Driver Licensing, All I'm saying is yes it is a automatic one year suspension but...that statement is not completely true not is it? [/ QUOTE ] It's not a waste of my time, I need to know it anyways. I don't work again for 2 weeks though.
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#85
10-11-2006, 12:17 AM
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Re: Getting Pulled Over Intoxicated
reading this again, I think this guy got his license back.
AND NOW, this 3rd day of August, 2006, the order of the Court of Common Pleas of Allegheny County is reversed, and the one-year suspension of Charles Rechel's driver's license is reinstated. DORIS A. SMITH-RIBNER, Judge
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#87
10-11-2006, 02:29 AM
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Re: Getting Pulled Over Intoxicated
Id like to piss off some ppl here by saying; ill be 21 in 1 year and have driven drunk prolly 40+ times in my 4 years of driving.
Furthermore I live in a rich area where the streets are infested with cops. A couple of occasions I have puked before or after driving. I recollect failing to stop @ a stop sign once. - that was prolly the worst i'v done. Do i feel guilty? not really. Why? b/c i do 90% of the driving in small 25 mph streets @ night when the roads are virtually barren.
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#88
10-11-2006, 04:02 AM
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Re: Getting Pulled Over Intoxicated
[ QUOTE ]
If you can explain to me how keeping your window open helps you drive after you have been drinking, please let me know so that I can watch for that at night when I'm patrolling my area. I'm not going to sit here and repeat myself. Study english a little more and reread what I said. Goodbye! [/ QUOTE ] Keeping your window open will help the drunk driver to be more undetectable if stopped by the police. You said this yourself. The stench of alcohol is not as strong if you keep the windows open and therefore the police noticing you're drunk is less likely. Don't be condescending, be logical. You, as a police officer, have adviced people how to avoid being busted while drunk driving. That's fine, but that makes you look like a douche in my eyes. So stop the act and learn some logical thinking. Thank you, goodbye.
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#89
10-11-2006, 04:31 AM
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Re: Getting Pulled Over Intoxicated
Here's my story:
I was at a party, I was underage (19) and of course getting wasted was cool and mandatory. The party dries up, I get back into my car and SLEEP IN THE BACK OF IT Some say I'm a genious so don't feel bad if you haven't thought of this before
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#90
10-11-2006, 04:35 AM
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Re: Getting Pulled Over Intoxicated
[ QUOTE ]
Don't be condescending, be logical. You, as a police officer, have adviced people how to avoid being busted while drunk driving. That's fine, but that makes you look like a douche in my eyes. So stop the act and learn some logical thinking. Thank you, goodbye. [/ QUOTE ] His advice could just have easily been designed to help people who are legal to drive but have drunk friends avoid being hassled by the police, subjected to FSTs, and searched.
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