OOT lawyers:drinking and driving question

[mason55]

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She explains that she didn't think she would be able to safely break and time

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omg please tell me this is not a typo (both parts)

[DrewDevil]

OP, I'm still not sure I understand the question.

Is GF worried about being charged with DUI, or is she worried that her admission of drinking one beer will be used against her as evidence of speeding up to make the light?

If it's (a), she won't be charged with DUI. If it's (b), it's irrelevant. She's on the hook for the ticket and that's it.

[XXXNoahXXX]

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She explains that she didn't think she would be able to safely break and time

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omg please tell me this is not a typo (both parts)

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[Fast Food Knight]

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Why do people continue to take breathalyzer tests?

Sure it worked out fine this time, but unless you've literally had nothing to drink, why risk it?

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I'm pretty sure OP's girlfriend didn't take a breathalyzer.

[daryn]

haha noah, are you saying if you had 1 beer over the course of 2 hours you'd refuse a breathalyser and take the suspended license?

[27offsuit]

This is solid advice:

At appeal, just say she just dropped off her drunk boyfriend and was on her way home. This will work 100% of the time.

[27offsuit]

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they can't charge her after the fact with DUI. if you're going to fight it you should just send a lawyer anyway, and he can handle that question no problem. most of the time when they fight a ticket like this, the lawyer just sends a bunch of motions and it gets dismissed without going to arguments, if i understand it correctly.

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At the cost of?.....


You think lawyers be filing motions for nothing?

[XXXNoahXXX]

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haha noah, are you saying if you had 1 beer over the course of 2 hours you'd refuse a breathalyser and take the suspended license?

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OK, well if it was one beer then I would, but a girl having had four beers in a couple hours, theres no point in cutting it close.

if you think the chance of you failing is greater than 10%, then i wouldn't do it. without a breathalyzer, or you literally be falling down drunk, they have no real evidence against you. if you fail one, you can argue that they aren't reliable, but its a much tougher sell.



FFK,

whoops. still applies to the other 20 drunk driving threads that have been on here.



also, yeah never admit to having had any alcohol. people always think that being up front will get you out of trouble, and while this may be true in some cases (traffic tickets) its generally a pretty bad rule to follow. just keep your mouth shut.

[mrh86]

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haha noah, are you saying if you had 1 beer over the course of 2 hours you'd refuse a breathalyser and take the suspended license?

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OK, well if it was one beer then I would, but a girl having had four beers in a couple hours, theres no point in cutting it close.

if you think the chance of you failing is greater than 10%, then i wouldn't do it. without a breathalyzer, or you literally be falling down drunk, they have no real evidence against you. if you fail one, you can argue that they aren't reliable, but its a much tougher sell.



FFK,

whoops. still applies to the other 20 drunk driving threads that have been on here.



also, yeah never admit to having had any alcohol. people always think that being up front will get you out of trouble, and while this may be true in some cases (traffic tickets) its generally a pretty bad rule to follow. just keep your mouth shut.

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In NJ, the penalties for refusing a breathalyzer are roughly the same as if you had failed it and received a DUI. This includes a suspension of your license for what I believe to be 6 months for your first offense, and two years for your second, as well as thousands of dollars in fines. The last time I went to traffic court, I overheard a lawyer saying to his client that if there is any chance that you could pass a breathalyzer, then you should take it. This makes sense since the penalties for DUI and refusing a breathalyzer are similar.

[AceLuby]

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also, yeah never admit to having had any alcohol. people always think that being up front will get you out of trouble, and while this may be true in some cases (traffic tickets) its generally a pretty bad rule to follow. just keep your mouth shut.

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Great advice here. Never admit to anything, including traffic tickets. Say you don't know the speed limit. Say you have no idea how fast you were going. Admitting either is admitting guilt and 90% of the time you're getting a ticket. OK pulled 90 out of my ass, but every cop I know will give a ticket to someone who admits to the crime.

Also, in MN if you refuse a breathalyzer and fail the roadside they will take you in and get your BAC at the station. If you are over at the station, THEN you get the automatic up to gross misdemeanor instead of just a misdemeanor. However, if you refuse and pass everything nothing will happen.