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Old 06-08-2007, 08:38 PM
guids guids is offline
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Join Date: Oct 2005
Posts: 12,908
Default Re: DUI - A trip report

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ANYBODY that DRINKS has a ticket to the same "penalty lottery" the OP just won. His number just happened to come up. To prevent a DUI stop drinking, not stop drinking and driving but stop drinking altogether. Thats the only way you can say that you will "never" get a DUI.

The fact is once the cop smelled alcohol the OP was under arrest. The field sobriety test was done not to determine IF he was going to be arrested but WHEN he would be arrested.

The DUI laws change every year, usually becoming more punitive. The courts are jammed with other issues and have made it as sweet as possible for a 1st time DUI arrest to plead "no contest" as oppsed to going to trial.

The theory of refusing the breath test is proffered by attorneys who have a vested finacial interest in contesting the arrest. An attorney can't "get you off", they look for procedural mistakes made by the arresting officer and try to get the whole arrest voided. Cops are trained not to make procedural mistakes. The chances of getting the case thrown out on a technicality is remote. Think of all the famous people this year alone who have gotten DUI's, did they get off? Could you?

The end all be all that I'm trying to say is obviously, don't drink and drive. But if you have any semblance of a social life chances are that you will drink and drive at some point. If you get pulled over you're probably going to get arrested. The system is set up so that you do not contest the arrest in court by offering you a "no contest" plea", fines and classes.

The only thing you can do for yourself is mitigate the loss of license time once arrested. You're basically screwed on the legal end. Mitigating the loss of license time is done by TAKING the breath test. Your suspension time will be reduced and who knows, you might just pass.

BTW, I'm gearing this towards the first time offender who did not hurt anyone. First timers get a slap on the wrist, the hammer is reserved for your second offense.

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You sir, are an idiot.

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Care to expound on that?

My guess is in about 2 weeks he's going to get a letter form the DMV suspending his license for 6 months. In other words, he's going to be treated just the same as everybody else, lawyered up or not.

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Ya, Ill expand.

This:

ANYBODY that DRINKS has a ticket to the same "penalty lottery" the OP just won. His number just happened to come up. To prevent a DUI stop drinking, not stop drinking and driving but stop drinking altogether.



is the stupidest thing Ive ever read.
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