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#21
06-08-2007, 06:24 PM
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Re: DUI - A trip report
[ QUOTE ]
[ QUOTE ] Over here thats pretty much the law its very unusual not to lose your licence for a year minimum. All we have here though is the breathaliser at teh roadside and a refusal is counted the same as a positive test. [/ QUOTE ] I've heard that UK drunk driving laws are really strict, and that you can be charged if you are drunk, have your car keys on you, and are walking towards your car. Is that true? [/ QUOTE ] No dont think so, however if you say went to sleep in the driver side when drunk then you will get done then, one guy lost his licnece a while ago through that even though the engine was cold etc, he had come home drunk had an argument with his GF and slept in the car stupidly on the drivers side, police came round and did him. Sleep in the passenger side and I think its fine. 
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#22
06-08-2007, 07:03 PM
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Re: DUI - A trip report
ANYBODY that DRINKS has a ticket to the same "penalty lottery" the OP just won. His number just happened to come up. To prevent a DUI stop drinking, not stop drinking and driving but stop drinking altogether. Thats the only way you can say that you will "never" get a DUI.
The fact is once the cop smelled alcohol the OP was under arrest. The field sobriety test was done not to determine IF he was going to be arrested but WHEN he would be arrested. The DUI laws change every year, usually becoming more punitive. The courts are jammed with other issues and have made it as sweet as possible for a 1st time DUI arrest to plead "no contest" as oppsed to going to trial. The theory of refusing the breath test is proffered by attorneys who have a vested finacial interest in contesting the arrest. An attorney can't "get you off", they look for procedural mistakes made by the arresting officer and try to get the whole arrest voided. Cops are trained not to make procedural mistakes. The chances of getting the case thrown out on a technicality is remote. Think of all the famous people this year alone who have gotten DUI's, did they get off? Could you? The end all be all that I'm trying to say is obviously, don't drink and drive. But if you have any semblance of a social life chances are that you will drink and drive at some point. If you get pulled over you're probably going to get arrested. The system is set up so that you do not contest the arrest in court by offering you a "no contest" plea", fines and classes. The only thing you can do for yourself is mitigate the loss of license time once arrested. You're basically screwed on the legal end. Mitigating the loss of license time is done by TAKING the breath test. Your suspension time will be reduced and who knows, you might just pass. BTW, I'm gearing this towards the first time offender who did not hurt anyone. First timers get a slap on the wrist, the hammer is reserved for your second offense.
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#23
06-08-2007, 07:04 PM
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Re: DUI - A trip report
[ QUOTE ]
ANYBODY that DRINKS has a ticket to the same "penalty lottery" the OP just won. His number just happened to come up. To prevent a DUI stop drinking, not stop drinking and driving but stop drinking altogether. Thats the only way you can say that you will "never" get a DUI. The fact is once the cop smelled alcohol the OP was under arrest. The field sobriety test was done not to determine IF he was going to be arrested but WHEN he would be arrested. The DUI laws change every year, usually becoming more punitive. The courts are jammed with other issues and have made it as sweet as possible for a 1st time DUI arrest to plead "no contest" as oppsed to going to trial. The theory of refusing the breath test is proffered by attorneys who have a vested finacial interest in contesting the arrest. An attorney can't "get you off", they look for procedural mistakes made by the arresting officer and try to get the whole arrest voided. Cops are trained not to make procedural mistakes. The chances of getting the case thrown out on a technicality is remote. Think of all the famous people this year alone who have gotten DUI's, did they get off? Could you? The end all be all that I'm trying to say is obviously, don't drink and drive. But if you have any semblance of a social life chances are that you will drink and drive at some point. If you get pulled over you're probably going to get arrested. The system is set up so that you do not contest the arrest in court by offering you a "no contest" plea", fines and classes. The only thing you can do for yourself is mitigate the loss of license time once arrested. You're basically screwed on the legal end. Mitigating the loss of license time is done by TAKING the breath test. Your suspension time will be reduced and who knows, you might just pass. BTW, I'm gearing this towards the first time offender who did not hurt anyone. First timers get a slap on the wrist, the hammer is reserved for your second offense. [/ QUOTE ] You sir, are an idiot.
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#24
06-08-2007, 07:11 PM
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Re: DUI - A trip report
A couple of questions for the OP:
The court didn't suspend your license but have you heard from the DMV yet? What did you do to get pulled over? 90% of DUI arrests are due to speeding, swerving, running red lights, etc.
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#25
06-08-2007, 07:17 PM
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Re: DUI - A trip report
[ QUOTE ]
[ QUOTE ] ANYBODY that DRINKS has a ticket to the same "penalty lottery" the OP just won. His number just happened to come up. To prevent a DUI stop drinking, not stop drinking and driving but stop drinking altogether. Thats the only way you can say that you will "never" get a DUI. The fact is once the cop smelled alcohol the OP was under arrest. The field sobriety test was done not to determine IF he was going to be arrested but WHEN he would be arrested. The DUI laws change every year, usually becoming more punitive. The courts are jammed with other issues and have made it as sweet as possible for a 1st time DUI arrest to plead "no contest" as oppsed to going to trial. The theory of refusing the breath test is proffered by attorneys who have a vested finacial interest in contesting the arrest. An attorney can't "get you off", they look for procedural mistakes made by the arresting officer and try to get the whole arrest voided. Cops are trained not to make procedural mistakes. The chances of getting the case thrown out on a technicality is remote. Think of all the famous people this year alone who have gotten DUI's, did they get off? Could you? The end all be all that I'm trying to say is obviously, don't drink and drive. But if you have any semblance of a social life chances are that you will drink and drive at some point. If you get pulled over you're probably going to get arrested. The system is set up so that you do not contest the arrest in court by offering you a "no contest" plea", fines and classes. The only thing you can do for yourself is mitigate the loss of license time once arrested. You're basically screwed on the legal end. Mitigating the loss of license time is done by TAKING the breath test. Your suspension time will be reduced and who knows, you might just pass. BTW, I'm gearing this towards the first time offender who did not hurt anyone. First timers get a slap on the wrist, the hammer is reserved for your second offense. [/ QUOTE ] You sir, are an idiot. [/ QUOTE ] Care to expound on that? My guess is in about 2 weeks he's going to get a letter form the DMV suspending his license for 6 months. In other words, he's going to be treated just the same as everybody else, lawyered up or not.
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#26
06-08-2007, 07:22 PM
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Re: DUI - A trip report
Dont drink and drive.
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#27
06-08-2007, 08:38 PM
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Re: DUI - A trip report
[ QUOTE ]
[ QUOTE ] [ QUOTE ] ANYBODY that DRINKS has a ticket to the same "penalty lottery" the OP just won. His number just happened to come up. To prevent a DUI stop drinking, not stop drinking and driving but stop drinking altogether. Thats the only way you can say that you will "never" get a DUI. The fact is once the cop smelled alcohol the OP was under arrest. The field sobriety test was done not to determine IF he was going to be arrested but WHEN he would be arrested. The DUI laws change every year, usually becoming more punitive. The courts are jammed with other issues and have made it as sweet as possible for a 1st time DUI arrest to plead "no contest" as oppsed to going to trial. The theory of refusing the breath test is proffered by attorneys who have a vested finacial interest in contesting the arrest. An attorney can't "get you off", they look for procedural mistakes made by the arresting officer and try to get the whole arrest voided. Cops are trained not to make procedural mistakes. The chances of getting the case thrown out on a technicality is remote. Think of all the famous people this year alone who have gotten DUI's, did they get off? Could you? The end all be all that I'm trying to say is obviously, don't drink and drive. But if you have any semblance of a social life chances are that you will drink and drive at some point. If you get pulled over you're probably going to get arrested. The system is set up so that you do not contest the arrest in court by offering you a "no contest" plea", fines and classes. The only thing you can do for yourself is mitigate the loss of license time once arrested. You're basically screwed on the legal end. Mitigating the loss of license time is done by TAKING the breath test. Your suspension time will be reduced and who knows, you might just pass. BTW, I'm gearing this towards the first time offender who did not hurt anyone. First timers get a slap on the wrist, the hammer is reserved for your second offense. [/ QUOTE ] You sir, are an idiot. [/ QUOTE ] Care to expound on that? My guess is in about 2 weeks he's going to get a letter form the DMV suspending his license for 6 months. In other words, he's going to be treated just the same as everybody else, lawyered up or not. [/ QUOTE ] Ya, Ill expand. This: ANYBODY that DRINKS has a ticket to the same "penalty lottery" the OP just won. His number just happened to come up. To prevent a DUI stop drinking, not stop drinking and driving but stop drinking altogether. is the stupidest thing Ive ever read.
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#28
06-08-2007, 09:24 PM
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Re: DUI - A trip report
[ QUOTE ]
[ QUOTE ] ANYBODY that DRINKS has a ticket to the same "penalty lottery" the OP just won. His number just happened to come up. To prevent a DUI stop drinking, not stop drinking and driving but stop drinking altogether. Thats the only way you can say that you will "never" get a DUI. The fact is once the cop smelled alcohol the OP was under arrest. The field sobriety test was done not to determine IF he was going to be arrested but WHEN he would be arrested. The DUI laws change every year, usually becoming more punitive. The courts are jammed with other issues and have made it as sweet as possible for a 1st time DUI arrest to plead "no contest" as oppsed to going to trial. The theory of refusing the breath test is proffered by attorneys who have a vested finacial interest in contesting the arrest. An attorney can't "get you off", they look for procedural mistakes made by the arresting officer and try to get the whole arrest voided. Cops are trained not to make procedural mistakes. The chances of getting the case thrown out on a technicality is remote. Think of all the famous people this year alone who have gotten DUI's, did they get off? Could you? The end all be all that I'm trying to say is obviously, don't drink and drive. But if you have any semblance of a social life chances are that you will drink and drive at some point. If you get pulled over you're probably going to get arrested. The system is set up so that you do not contest the arrest in court by offering you a "no contest" plea", fines and classes. The only thing you can do for yourself is mitigate the loss of license time once arrested. You're basically screwed on the legal end. Mitigating the loss of license time is done by TAKING the breath test. Your suspension time will be reduced and who knows, you might just pass. BTW, I'm gearing this towards the first time offender who did not hurt anyone. First timers get a slap on the wrist, the hammer is reserved for your second offense. [/ QUOTE ] You sir, are an idiot. [/ QUOTE ]
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#29
06-08-2007, 10:09 PM
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Re: DUI - A trip report
Guids,
I was referring to the posts calling the OP dumb, retarded and stupid, like they are somehow immune to making a bad decision after having a few beers. The only way to say you will "never" be arrested for DUI is if you don't drink. I should have been clearer. DUI is a lottery if you drink, simple as that. I don't mean the alcoholic who does it all the time but the average guy who drives a date home after having a few at dinner, someone who drives a half mile from home for a pack of smokes after having a few watching the game, etc. One rolled stop sign, going a few mph's over the speed limit, anything that attracts the attention of a cop enough to pull you over. The cop is trained to look for things, especially drinking. If he smells it and asks, regardless of your answer, you're toast because he has already decided whats going to happen next. Once he gets you out of your car you might as well say goodbye to it for at least a couple of months. My brother is a cop, my best friend is a cop, my uncle is a sheriff. They have next to no leeway in giving anybody a break if drinking is suspected. It's driven into them every roll call.
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#30
06-08-2007, 10:46 PM
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Re: DUI - A trip report
[ QUOTE ]
A couple of questions for the OP: The court didn't suspend your license but have you heard from the DMV yet? What did you do to get pulled over? 90% of DUI arrests are due to speeding, swerving, running red lights, etc. [/ QUOTE ] The Secretary of State's office (who controls the DMV) sent me a letter with the date my license was to be suspended, 6/16. They give you 46 days from the date of arrest before they take it away so you can get your affairs in order. The courts ruling was that the suspension was rescinded. I have a copy of the letter they sent to Sec. State office stating why they made that ruling. I may TECHNICALLY lose my license for a few day, only because it takes some time for them to do file the paperwork. The judge told me to call the Sec. State on the 15th and make sure the paper had gone through. He said if it hasn't gone through I can still drive because he rescinded my suspension. If I get stopped it will come up as a suspended license, but I can show the officer the letter and I should be OK. The reason I got pulled over... I turned right on red, after coming to a complete stop. The road I was turning on has a median that divides two lanes of traffic in each direction. Instead of turning into the right lane, I turned into the left. People do it all the time. Technically it's changing lanes in an intersection, which is improper lane usage. Oh, and to agree with guids... You sir, are an idiot.
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