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  #31  
Old 06-08-2007, 10:57 PM
HitHard69 HitHard69 is offline
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Default Re: DUI - A trip report

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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.

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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?

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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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In Illinois if you are drunk and in your car and your keys are accessible, you can get a DUI. If you are asleep in the back seat with the keys in your pocket, or on the floor, in the glove compartment... you're busted. If you have them in the trunk, however, you are no longer breaking the law.
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  #32  
Old 06-08-2007, 11:00 PM
tuq tuq is offline
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Default Re: DUI - A trip report

LOL at you guys hating on inishowen. Whether we like to admit it or not, he's 100% right, particularly in the ever-punitive DUI environment in which we live. Very good posts by him IMO.
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  #33  
Old 06-08-2007, 11:10 PM
tuq tuq is offline
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Default Re: DUI - A trip report

BTW, two examples to back up his point: a couple of times when I was living in a nice part of town, I was pulled over late at night for no reason at all. Well, they made up a completely BS reason for doing so - one time it was swerving (I wasn't, the cop and I were the only two on the road so I was driving super straight) and the other was for running a stop sign (another flat-out lie, I saw the cop driving around aimlessly, just he and I on the road, and made it a point to make a deliberate stop). One time was particularly LOL because I had my wallet stolen a week or so prior so couldn't prove who I was, and also didn't have license or proof of registration on me for some reason, and yet he still let me go as he could tell I hadn't been drinking.

Both of those happened nearly 15 years ago. I shudder to think of how aggressive they are now.
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  #34  
Old 06-08-2007, 11:17 PM
Max Raker Max Raker is offline
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Default Re: DUI - A trip report

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Guids,

The only way to say you will "never" be arrested for DUI is if you don't drink. I should have been clearer.


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This is so wrong. What if you just "never" drive. What if you commit suicide? Or the best solution, what if you never DRINK AND DRIVE????
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  #35  
Old 06-08-2007, 11:19 PM
Max Raker Max Raker is offline
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Join Date: Apr 2005
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Default Re: DUI - A trip report

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In Illinois if you are drunk and in your car and your keys are accessible, you can get a DUI. If you are asleep in the back seat with the keys in your pocket, or on the floor, in the glove compartment... you're busted. If you have them in the trunk, however, you are no longer breaking the law.

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So you have to lock your keys in your trunk??? Who got this law passed the pop-a-lock lobby? [img]/images/graemlins/smile.gif[/img]
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  #36  
Old 06-08-2007, 11:23 PM
HitHard69 HitHard69 is offline
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Join Date: Jul 2004
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Default Re: DUI - A trip report

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LOL at you guys hating on inishowen. Whether we like to admit it or not, he's 100% right, particularly in the ever-punitive DUI environment in which we live. Very good posts by him IMO.

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I agree with alot of what he said. Anyone can get a DUI, the laws change all the time, don't drink and drive, they'll get you on something little. However, some of the things he said were flat out wrong. Examples...

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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.

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Untrue... If you don't blow or submit to any other criminal testing, it is very difficult to get a DUI conviction. Any DUI lawyer worth his salt can beat that unless the cops have VIDEO EVIDENCE of you swerving into traffic, falling down drunk, slurring your words, etc. There is no proof you were intoxicated above the legal limit. Thats why there is a longer suspension for not blowing.

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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.

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No. Are you aware as to what "Mitigating circumstances" actually are?

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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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Again, this isn't how it works. The Secretary of State controls the DMV. They automatically suspend your license, ANY TIME YOU ARE ARRESTED FOR DUI. The court has the power to rescind your suspension.

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Once he gets you out of your car you might as well say goodbye to it for at least a couple of months.

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No. Not at all.
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  #37  
Old 06-08-2007, 11:26 PM
HitHard69 HitHard69 is offline
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Join Date: Jul 2004
Posts: 413
Default Re: DUI - A trip report

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In Illinois if you are drunk and in your car and your keys are accessible, you can get a DUI. If you are asleep in the back seat with the keys in your pocket, or on the floor, in the glove compartment... you're busted. If you have them in the trunk, however, you are no longer breaking the law.

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So you have to lock your keys in your trunk??? Who got this law passed the pop-a-lock lobby? [img]/images/graemlins/smile.gif[/img]

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Lock them in your trunk, put them inside the gas cap, inside the muffler, hell, just set them on the ground outside the car. The wording of the law is "immediately accessible." They take that to mean they are with you inside the vehicle.
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  #38  
Old 06-08-2007, 11:46 PM
mjkidd mjkidd is offline
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Join Date: Jul 2006
Location: Supporting Ron Paul!
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Default Re: DUI - A trip report

[ QUOTE ]
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In Illinois if you are drunk and in your car and your keys are accessible, you can get a DUI. If you are asleep in the back seat with the keys in your pocket, or on the floor, in the glove compartment... you're busted. If you have them in the trunk, however, you are no longer breaking the law.

[/ QUOTE ]

So you have to lock your keys in your trunk??? Who got this law passed the pop-a-lock lobby? [img]/images/graemlins/smile.gif[/img]

[/ QUOTE ]

Lock them in your trunk, put them inside the gas cap, inside the muffler, hell, just set them on the ground outside the car. The wording of the law is "immediately accessible." They take that to mean they are with you inside the vehicle.

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What if you freeze them in a block of ice, and put the block of ice inside the car?
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  #39  
Old 06-08-2007, 11:53 PM
guids guids is offline
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Join Date: Oct 2005
Posts: 12,908
Default Re: DUI - A trip report

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LOL at you guys hating on inishowen. Whether we like to admit it or not, he's 100% right, particularly in the ever-punitive DUI environment in which we live. Very good posts by him IMO.

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are you insane? if you are going to drink, do not get behind the wheel. wtf am I missing?
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  #40  
Old 06-08-2007, 11:56 PM
Stuey Stuey is offline
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Default Re: DUI - A trip report

hithard,

How did your friend die?
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