OOT lawyers:drinking and driving question

[SonofDjugashvili]

Just to follow up with a few notes from the Great White North. Our law is quite similar to most states, in that a refusal to blow is punished just like the DUI. I don't specialize in criminal law, but my best friend does. Here is the advice:

- do not admit to having a drink
- if you think you are close, STALL - you have a right to call your lawyer before taking the test; keep talking as long as you can - I believe every 30 mins gets rid of a beer (I have to check my biological info)
- do not refuse to take the test - it is easier to beat a postive test than a refusal at trial

[Shadowrun]

"Most lawyers advise their clients to take this test and rightly so"

Question for you: You are an actual lawyer (law school not counting?

BTW most people would say that the "s" that was added to "lawyer" implies that MORE then one (in fact many) agree with me.

However, if you wish to stake your professional opinion on this (assuming your a lawyer), then i will stop posting about this subject, and will offer one story to illustrate why you might want to agree (outside of all the reasons i have said before).

[DrewDevil]

Another note: let's suppose you roll the dice, take the breathalyzer test, and blow a .06 or .07.

Hooray! You passed! You're in the clear! Right?

Wrong. In Texas, for example, a .08 breath test is only ONE of the bases for a DWI conviction. Another one is "not having the normal use of your mental and/or physical faculties due to the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body."

So if the officer observes/believes you are not in control of yourself mentally or physically, you're going to get arrested and charged anyway.

And your license suspended.

[Shadowrun]

[ QUOTE ]
Just to follow up with a few notes from the Great White North. Our law is quite similar to most states, in that a refusal to blow is punished just like the DUI. I don't specialize in criminal law, but my best friend does. Here is the advice:

- do not admit to having a drink
- if you think you are close, STALL - you have a right to call your lawyer before taking the test; keep talking as long as you can - I believe every 30 mins gets rid of a beer (I have to check my biological info)
- do not refuse to take the test - it is easier to beat a postive test than a refusal at trial

[/ QUOTE ]

Very interesting.

[DrewDevil]

[ QUOTE ]
"Most lawyers advise their clients to take this test and rightly so"

Question for you: You are an actual lawyer (law school not counting?

BTW most people would say that the "s" that was added to "lawyer" implies that MORE then one (in fact many) agree with me.

However, if you wish to stake your professional opinion on this (assuming your a lawyer), then i will stop posting about this subject, and will offer one story to illustrate why you might want to agree (outside of all the reasons i have said before).

[/ QUOTE ]

"stake my professional opinion on this" -- so you can sue me if I'm wrong? No thanks.

As I said, I am not offering legal advice and you are not my client. This is just a web forum.

If you'd like to pay me for my legal advice, PM me. My rate is $250 an hour and I'll ask for a $2,000 retainer and a signed representation agreement.

[Shadowrun]

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People in this thread other than DrewDevil are lol retarded.


I have spoken with a lawyer that specializes in DUI defense in CT (the people with the billboards) and he said everything DD has said.

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A single lawyer= 1 (am i right?) and this is in CT. Could you kindly ask him what his success rate is?

As well as keep in mind this might be the right thing to do (if in fact it is so) in CT but not across all of the United States.

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I only spoke with one lawyer, but he works for a firm of 10-15 lawyers and I'm pretty sure that he's not some yahoo out there defying convention.


There's really no point in arguing any more, its clear that you just don't get it.



Do you understand the 5th amendment? Do you get how our justice system works?

Of course when people say "I plead the 5th" or "I refuse to answer that on the grounds that I may incriminate myself" everyone above a 2nd grade reading level knows they were going to say something that would hurt their case.

i know you cited some instances where the prosecutor can argue this, but it doesn't mean that the jury has to buy it.


edited to add: also, a lawyer that taught a class at my undergrad in Worcester said I will give you three pieces of free legal advice, and not taking a breathalyzer was one of them. she basically gave all the reasons DD says. She is a practicing attorney in Boston, so theres another. I've mentioned this advice before on 2+2 so feel free to search to confirm I didn't just make this up.

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hmm Where is Boston again........

"In drunk driving cases in Massachusetts and Delaware, if the defendant refuses the breathalyzer there can be no mention of the test during the trial."

Hell yeah i would refuse to take the test if i was caught in Boston.

[XXXNoahXXX]

[ QUOTE ]
"Most lawyers advise their clients to take this test and rightly so"

Question for you: You are an actual lawyer (law school not counting?

BTW most people would say that the "s" that was added to "lawyer" implies that MORE then one (in fact many) agree with me.

However, if you wish to stake your professional opinion on this (assuming your a lawyer), then i will stop posting about this subject, and will offer one story to illustrate why you might want to agree (outside of all the reasons i have said before).

[/ QUOTE ]

shadow: i have a story that can back you up.

My friend got pulled over, blew a .03 and passed. No trouble, not even the speeding ticket. If he had refused he would have lost his license for a year.

So you win!

[DrewDevil]

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This is like killing your wife and then when the cops says "do you mind if i take your clothes and test them for blood" you say "sure" because I mean, obviously if you say no it will look like your guilty, and hey, maybe there won't be traces of blood and then you'll be free!

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An even better example is the retards who get pulled over for speeding or something and the officer asks if he can search the trunk. There is weed in the trunk. Retard agrees to the search, cop finds weed, retard arrested for possession.

"Why the hell did you agree to the search?"

"I thought refusing the search would make me look guilty."

"MORE GUILTY THAN THE ACTUAL WEED MAKES YOU LOOK AS:ASHDFL:FJ:ALSKJD:AL?!??!?!?"

Some people just don't get it. Shadowrun, this means you.

[Shadowrun]

Blah but then you guys will say that story doesnt count because you should only refuse if you know your over [img]/images/graemlins/frown.gif[/img]

[Shadowrun]

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This is like killing your wife and then when the cops says "do you mind if i take your clothes and test them for blood" you say "sure" because I mean, obviously if you say no it will look like your guilty, and hey, maybe there won't be traces of blood and then you'll be free!

[/ QUOTE ]

An even better example is the retards who get pulled over for speeding or something and the officer asks if he can search the trunk. There is weed in the trunk. Retard agrees to the search, cop finds weed, retard arrested for possession.

"Why the hell did you agree to the search?"

"I thought refusing the search would make me look guilty."

"MORE GUILTY THAN THE ACTUAL WEED MAKES YOU LOOK AS:ASHDFL:FJ:ALSKJD:AL?!??!?!?"

Some people just don't get it. Shadowrun, this means you.

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and i guess this guy too

[ QUOTE ]
Just to follow up with a few notes from the Great White North. Our law is quite similar to most states, in that a refusal to blow is punished just like the DUI. I don't specialize in criminal law, but my best friend does. Here is the advice:

- do not admit to having a drink
- if you think you are close, STALL - you have a right to call your lawyer before taking the test; keep talking as long as you can - I believe every 30 mins gets rid of a beer (I have to check my biological info)
- do not refuse to take the test - it is easier to beat a postive test than a refusal at trial

[/ QUOTE ]