Trip Report - DUI

[prana]

Yeah, I stopped drinking immediately upon hearing I couldn't stay in DL. I didn't start until approx. 9:45 and only drank til approx. 11:00 p.m. so it wasn't as if I drank that much either, though I did have a few shots. My lawyer thinks we have a great chance of getting the charges dropped with a motion to suppress the evidence or at the very least, getting it dropped to a reckless. There is no legal reason to pull over a random guy because he drives through a parking lot of a gas station that is closed. As to him asking why I was going to two gas stations within a couple miles, I could have been gettin cigarettes the first store didn't carry or any number of other things that should not be a cause for pulling over a car. My 4th Amendment right involving probable cause were definitely taken away here IMO and apparently my lawyer's (and hopefully the judge's [img]/images/graemlins/smile.gif[/img]). The arresting officer couldn't say I was swerving, and he couldn't charge me with any citations. Suspicious vehicle = late model Accord now days I guess.

[prana]

Here’s a link showing that someone on a similar diet couldn’t get the alcohol ignition interlock device to let him start a company vehicle and he was COMPLETELY SOBER and then further explains the increase of acetone in your system because of these diets:

http://www.proteinpower.com/drmike/?p=713


The following quote is from an article by The National Council for DUI Defense at http://www.ncdd.com/dsp_articledetails.cfm?article=15:

“Acetone may also be found on the breath of perfectly normal, healthy individuals. Yet, acetone is one of the compounds that will be detected on many breath analyzing instruments as ethanol. In the Intoxilyzer, for example, it is detected because acetone absorbs infrared energy in the 3.38 to 3.40 micron range--the same range where ethanol is found. Therefore, if acetone were introduced into the Intoxilyzer, the machine would simply register the presence of alcohol despite its absence. If an individual had 525 micrograms per liter of acetone in the breath, he would register a blood-alcohol level of .02 to .03 percent. Thus, if an individual with a true blood-alcohol level of .08 percent had that amount of acetone, the Intoxilyzer would register in the area of .l0 to .11 percent.

[tuq]

[ QUOTE ]
Pulling U-turns through closed gas stations at night, sadly, is a good way to get the attention of any police around. You basically walked right into the perfect storm. Sucks, but that's the breaks.

[/ QUOTE ]
Ugh, dude I'm not trying to troll you here but your relentless defense of police tactics regarding this stuff is too much for me to handle. "Good way to get the attention of police"? Stop being an unapologetic defender of this stuff and realize that it's gone too far and that people are being prosecuted who aren't posing a threat to the public. By taking the stance that you repeatedly have in this thread you're contributing to the problem.

[Edge34]

[ QUOTE ]
[ QUOTE ]
Pulling U-turns through closed gas stations at night, sadly, is a good way to get the attention of any police around. You basically walked right into the perfect storm. Sucks, but that's the breaks.

[/ QUOTE ]
Ugh, dude I'm not trying to troll you here but your relentless defense of police tactics regarding this stuff is too much for me to handle. "Good way to get the attention of police"? Stop being an unapologetic defender of this stuff and realize that it's gone too far and that people are being prosecuted who aren't posing a threat to the public. By taking the stance that you repeatedly have in this thread you're contributing to the problem.

[/ QUOTE ]

Tuq,

No offense, I know you're not trolling. But you must admit, two major cases in this thread (OP's and this one) are very easily explainable and both kind of walked into it by either ignorance or just not caring.

BB going 90 in a 60 was retarded, especially after drinking. And its well known at least here in MN that every single cop in the state is going to be out. Checking someone driving around late at night on the 4th going through closed gas stations, while not really something you'd worry about during the middle of the day on November 3rd, gives an officer someone to check on the 4th of July.

To me, it just doesn't seem to difficult to avoid. OP could've asked for a floor/couch to crash on for a little bit or something. He tells his friend he doesn't trust himself and just needs a place for a few hours to rest because he doesn't trust himself, apologizes for any imposition, and goes about his merry way once he's a little more sure. His friend is a MAJOR jackass if he can't accomodate him there.

I'm not going to just defend every cop out there, but these are both situations where the person who got the DUI could have done a lot more to prevent them. You can't just say because someone didn't get in an accident that its not a threat to themselves and others on the road. If I have a choice between whether or not some guy doing 90 on the highway after drinking for a couple hours gets to take a little break from the road...well, he could've easily taken a cab.

Prana was a victim of bad judgment, bad timing, and a good bit of bad luck. It happens, but officers are told to crank it up on the 4th, and everybody knows it.

[Edge34]

Prana,

I wish you luck in your case. As I said in my post above, you got a bit unlucky, but I'm kinda wondering how many drinks you had in a little over an hour with "a few shots" involved. When I drink like that, there's probably a beer/mixed drink in my hand that I set aside for the shot. I don't know how big you are or anything like that, so rough guesses of BAC would be pointless.

You didn't do anything wrong, but you got unlucky and didn't have enough time to let the alcohol process. I don't like it anymore than you do, but there's too many people out there being dangerous on the 4th for the police not to step up enforcement, and you got pegged.

I will give you credit for doing what you could and at least trying to make a responsible decision. Too bad your friend didn't just give you a place to chill for a while while you let it wear off. If you asked for that, and he denied you, as I said, that's a dick move.

[prana]

[ QUOTE ]
It happens, but officers are told to crank it up on the 4th, and everybody knows it.


[/ QUOTE ]

So we are just supposed to let them take the day celebrating our freedom and stick it right up our asses because the officers are told to crank it up? What happens btw? They rape our rights as American citizens. Happy 4th of July son. Let's illegaly pull you over hoping you are doing something illegal on our National Holiday. Not only is that not right, but both I and o.p. could have legally been sober with credit for acetone in our system given.

[tuq]

Edge,

Definitely speeding after drinking was dumb. I think he acknowledged that but can't remember, not gonna reread. As for the other, police should be pulling people over committing violations, not just driving around.

You know, it may be cuz I'm 10+ years older than you (just a guess and I'm not condescending) but I've heard of and been the victim of enough WTF cop pullovers only because of the time or location that I've had enough. I'm tired of it. I'm tired of the goddamned DUI laws being so restrictive that the government is lining their pockets to get these "criminals" off the street. I mean seriously, what the goddamned fk? And when are the .06 laws coming? Did you notice that the guy who just posted said that 96% of serious incidents occur at the hands of drivers at .14 or higher? Not sure of the accuracy but not surprised either. What say you about the MADD founder resigning because she thought they'd gone too far?

It's really PC to defend all the awesome "work" these cops are doing, but try getting pulled over some time for all the wrong reasons and then tell me it's OK.

[Edge34]

Tuq,

I've been pulled over a few times leaving the bars in St. Cloud, and probably came VERY close to getting a DUI the first time. The second wasn't even close and it was for a lame reason, but on a technicality the guy was "officially" right, and there's TONS of people leaving the bars in St. Cloud driving home beyond wasted. College town, its the way things are. I realized the first time I got pulled over that even though I didn't "think" I was drunk, that I really didn't know. That was enough to keep me from doing it again.

I'm not going to speak to 96% of accidents at .14 or higher without citation. And either way, that's not enough to convince me that we should be raising the limit. FWIW, I was also a big opponent of dropping to .08, but that's mainly because that just seemed to be a bit nitty. I'm going to go do some of the online BAC calculations when I finish this reply and see what numbers I come up with to hit .08, .10, etc.

Basically, I don't think simply punishing people who get in accidents is going to do anything to solve the problem of drunk driving. My point of view is that there's a LOT of people out there who get away with it a few times and think they're god's gift to drunk driving. I WANT people to have the thought of serious consequences in the back of their head BEFORE they get in their car drunk, not just for them to regret it after they wrecked their car, or worse hurt or killed someone else. You may disagree with me on that, and I respect it, but I feel strongly that DUI is one of the most easily preventable, yet most dangerous crimes out there, with immense possibility of disaster for both the offender and innocent passersby.

I respect your opinions greatly tuq, and appreciate that you've argued with me without getting personal. We do have two very different views on things, but I don't think either of us is being unreasonable here. Also, I'm about the farthest thing from "PC" that I could imagine. I'm not just going to go around defending every cop on the street, but I'm not going to damn them for doing their job within the laws of the state, either.

Prana,

This has gotten REALLY long, but I did have a few questions not answered yet. Where are you from and what road were you on? What town were you in when you got pulled over? Also, height/weight?

[IggyWH]

Prana,

What did you blow?

[prana]

.10. I'm from the Fargo-Moorhead area. It happened on Highway 10 on my way into Moorhead.