#81
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Re: Trip Report - DUI
You were incredibly stupid. Why the hell did you speed? A lot of people, me included, have a few pops and drive. When you take the chance and do this, you have to be smart about it and going 90 mph is not smart.
If you were driving normally and got stopped for a broken taillight that you didn't know about, I'd have some sympathy, but you just really [censored] up by giving them a reason to stop you and put you in the position you are now in. Having said all that, I think if you get a good DUI lawyer, you can probably beat this. |
#82
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Re: Trip Report - DUI
I am a two time offender with no convictions. I have since quit drinking and driving, the legal bills were killing me. Here is my advice (which came from my attorney who got me off twice):
Taking the field test is not a big deal, you will almost never be convicted on that basis alone. If you think you might could pass and walk, go for it. Never, Ever, EVER, take to breathalyzer at the police station. This is easy to remember, it's big ass machine that you blow into. Without this measurement as evidence most prosecutors will cut a deal that is short of DUI. You will lose your license for 90 days but that is about the worst that will happen for refusing to take the test. Compared to having a DUI on your record this is small potatoes. I drove the whole time my license was suspended with no incident. And finally, get your lawyer to stall. Both of my DUI trials were postponed at least 3 times each. If your lawyer can walk into the prosecutor's office the day before the trial and say, "look this happened a year and a half ago and my client hasn't been in any trouble since" you are much more likely to get a deal cut in you favor. Making a donation to the DA's re-election campaign is not a bad move either. Both times I ended up pleading guilty to reckless driving and paying a fine equal to what I would have for DUI. This is just my experience in Alabama and might not apply everywhere. |
#83
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Re: Trip Report - DUI
[ QUOTE ]
Wait a sec. BB, did you drive from the bar back to work? An hour and a half before you blew 0.09? At first I was thinking you did an okay job of making sure you were sobered up, but if that's the case, you didn't. [/ QUOTE ] Walk... Bar is like 5 blocks from work. |
#84
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Re: Trip Report - DUI
If an officer ever pulls you over and asks you if you have been drinking never answer yes, but do not lie either. Lying will get you into more trouble if they test you. If you have been drinking, just tell the officer that you are not comfortable answering the question. They will probably test you after giving this BS answer, but at least you will not incriminate yourself. Then get a lawyer who might be able to help you out.
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#85
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Re: Trip Report - DUI
[ QUOTE ]
BB, I forgot to mention that a huge mistake was the part where you acknowledged drinking. NEVER do this even if you're so wasted you can't pronounce the word "no". [/ QUOTE ] |
#86
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Re: Trip Report - DUI
[ QUOTE ]
[ QUOTE ] BB, I forgot to mention that a huge mistake was the part where you acknowledged drinking. NEVER do this even if you're so wasted you can't pronounce the word "no". [/ QUOTE ] [/ QUOTE ] there I go having faith in the system again. I felt I was perfectly fine to drive... I thought the test would reflect such. |
#87
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Re: Trip Report - DUI
[ QUOTE ]
[ QUOTE ] Wait a sec. BB, did you drive from the bar back to work? An hour and a half before you blew 0.09? At first I was thinking you did an okay job of making sure you were sobered up, but if that's the case, you didn't. [/ QUOTE ] Walk... Bar is like 5 blocks from work. [/ QUOTE ] 5 drinks, 5 hours, and 5 blocks of walking...it really sounds like the breathlyzer was wrong or those drinks were pretty strong. Actually, I think your diet could have been a problem, but that's a guess. I have no evidence to support that. |
#88
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Re: Trip Report - DUI
1st rule in dealing with the cops:
You do not have to answer any of their questions (unless related to your identity), even when you are not under arrest. Your mistake: Did you have anything to drink tonight? I smell beer. You answered: Yes. Since you already admitted to drinking, you are fooked. Plead down if you can. You'll never beat the charge. |
#89
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Re: Trip Report - DUI
[ QUOTE ]
Good luck to you in court. For an entertaining (and scary!) read, check this out. http://www.drunkard.com/issues/08_02...hting_madd.htm [/ QUOTE ] by the way... if any of you haven't read this... you should. Talk about our personal freedoms being continually destroyed. |
#90
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Re: Trip Report - DUI
my question for the OP is why exactly you blew 5 times on a field test??
after 1, or at the MOST 2, i would've started to refuse, because like someone mentioned, you probably blew 4 .08's, and then the fifth was a .09...what could this cop have been saying to you before each successive blow that would make you not realise that each previous blow was probably within the limit?? as much as i probably would be trying not to be a dick and on the 'up and up' in your exact situation (truly believing you weren't drunk), going along with whatever because i thought i was fine, after 1 blow, i'm not blowing again... if it's accurate, it's accurate, if you ask me 5 times, i'm starting to wonder... you oughta get the lawyer to look into that...i'd want to know what the first 4 said... |
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