OOT lawyers:drinking and driving question

[DrewDevil]

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"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).

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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!

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No, he doesn't win, because I have consistently said to refuse the test ONLY IF THERE IS ANY CHANCE YOU MIGHT FAIL. After one or two beers there is no chance you will fail, so it's okay to take the test.

Of course, you STILL might get booked--see above--but probably not with just a .03.

[Shadowrun]

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"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).

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"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.

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I have no intention of suing you. I also hope to never have to hire you from criminal defense purposes. However, i wouldnt mind hiring you in a myriad of other circumstances.

I respect your opinion.

[XXXNoahXXX]

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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]

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You should only refuse if you think you might be over. I think you are advocating risking it if you are close.


Are you saying that even if you know you are stinking drunk you should take the test, or just if its close?

[DrewDevil]

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Blah but then you guys will say that story doesnt count because you should only refuse if you think there is any possibility you might be over [img]/images/graemlins/frown.gif[/img]

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[XXXNoahXXX]

I think we can all agree that the proper answer is to keep a professionally calibrated breathalyzer in your car. Then, when a cop pulls you over, you bust that out, breathe into it, see where you are at, and use that as your guide.

http://www.breathalyzer.net/consumer-breathalyzers.html

[Shadowrun]

I was reading some methods about decreasing the chances you will be caught when breathing into it (while looking for more articles involing them and law).

It appears hyperventilating right before you breathe into can help.

[MuresanForMVP]

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this is by far the worst "drinking and driving" post ever.

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leave it to By-Tor to come in and act like a complete douche when it's unnecessary

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please rename thread to "GF got a ticket she deserved and now I'd like to whine about it..."

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lol I'm whining about it? if anything,she's whining and making a big deal about it, and I offered to get some responses to shut her up. You really need to lear how to piss off and mind your own damn business

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By-tor's location was perfect in this case.

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I appreciate your opinion, but really I think this was a different kind of drunk driving post. Notice I put "drinking and driving" not "drunk driving" in the title. I thought it highlighted the problems that people have with answering certain questions (have you been drinking tonight?) moreso than other drunk driving threads where it also devolves into "you were drunk and got a DUI, now please die in a grease fire." I got the feeling it may have been a bit misleading, but it seems to have generated discussion, which means it can't be all that bad right?

But to appease those looking for a real drunk driving story: my friend was driving around in a college town around here, and had been drinking. He has to take a piss and pulls his car over then relieves himself in the trees in someone's front yard. Some people from the house see him from the porch or something, and one of them runs down the street to flag down a cop and tell on him. The cop sees my friend get back into the car, flips on the lights, pulls him out then busts him for a DUI.

[z28dreams]

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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.

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I can back this up as well - here in virginia a girl I know was pulled over and blew a .07. While under the limit, the cop was still able to book her for a DUI because above .05 it's apparently in their judgement.

She ended up getting off with wreckless driving though, so a good lawyer in this case helped keep it under control.

[CarlSpackler]

I don't advocate drinking and driving, but here's some advice if you are drunk and get in an accident. Always keep a bottle of liquor in your car. After the accident occurs you and the other person will have to get out, call the police, etc. As soon as the other person gets out of the car you should grab the bottle, get out of your car, make sure they see you and open said bottle and start taking it to the face Animal House style. It's obv. imperative they see you drinking from the bottle.

You can tell them the same thing you'll tell the cop. Something like "I'm in shock, it's just nerves, etc., and I have to have a drink." If the cop who arrives on the scene tries to arrest you for dui, it will never hold up in court if you hire a decent attorney.

[XXXNoahXXX]

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I don't advocate drinking and driving, but here's some advice if you are drunk and get in an accident. Always keep a bottle of liquor in your car. After the accident occurs you and the other person will have to get out, call the police, etc. As soon as the other person gets out of the car you should grab the bottle, get out of your car, make sure they see you and open said bottle and start taking it to the face Animal House style. It's obv. imperative they see you drinking from the bottle.

You can tell them the same thing you'll tell the cop. Something like "I'm in shock, it's just nerves, etc., and I have to have a drink." If the cop who arrives on the scene tries to arrest you for dui, it will never hold up in court if you hire a decent attorney.

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lol, watch CSI much?



reminds me of a joke.


One foggy night, a Yankee fan was heading north from New York and a Red Sox fan was driving south from Boston . While crossing a narrow bridge, they hit each other head-on, mangling both cars.

The Red Sox fan manages to climb out of his car and survey the damage. He looks at his twisted car and says, "Man, I'm lucky to be alive!" Likewise, the Yankees fan gets out of his car uninjured, he too feeling fortunate to have survived.

The Yankee fan walks over to the Red Sox fan and says, "Hey, man, I think this is a sign that we should put away our petty differences and live as friends instead of being rivals."

The Red Sox fan thinks for a moment and says, "You know, you're absolutely right! We should be friends. In fact, I' m going to see if something else survived the wreck."

The Red Sox fan then pops open his trunk and removes a full, undamaged bottle of Jack Daniel's. He says to the Yankee fan, "I think this is another sign we should toast to our newfound friendship." The Yankee fan agrees and grabs the bottle. After sucking down half of the bottle, he hands it back to the Red Sox fan and says, "Your turn!"

The Red Sox fan calmly twists the cap back on the bottle, throws the rest of the bottle over the bridge into the river and says, "Nah, I think I'll just wait for the cops to show up."