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  #51  
Old 06-09-2007, 12:01 PM
HitHard69 HitHard69 is offline
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Join Date: Jul 2004
Posts: 413
Default Re: DUI - A trip report

[ QUOTE ]
Btw, nothing personal OP, just drink driving is one of those pet peeves of mine, it seems you have learnt your lesson and i hope it sticks.

[/ QUOTE ]

Sure, yea.. Nothing personal...

[ QUOTE ]
I dont know if anyone has said this yet, but i hope OP gets run over by a drunk driver tomorrow.

Karmic ironic justice.

(Note, i only hope he is paralysed from the neck downward and so cant drive ever again, not that he dies. That would be harsh)

[/ QUOTE ]

[censored] you [censored]
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  #52  
Old 06-09-2007, 04:53 PM
CORed CORed is offline
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Default Re: DUI - A trip report

[ QUOTE ]
IF YOU ADMIT TO DRINKING AT ALL THEY WILL AUTOMATICLY PULL YOU OUT OF YOUR CAR AND TEST YOU. NEVER ADMIT TO SUCH NONSENSE.

[/ QUOTE ]

Not necessarily. I have (truthfully) said something like "I had one beer three hours ago.", on a few occasions, and been sent on my way.

I can also remember one occasion when I had been hiking and was stopped coming home from the mountains for something or other and the cop repeatedly asked me if I'd been drinking, and I repeatedly denied it (truthfully). The only reason I can think of is that my eyes must have been read from the sun.
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  #53  
Old 06-09-2007, 05:28 PM
inishowen inishowen is offline
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Default Re: DUI - A trip report

You received the automatic suspension letter from the DMV because of the arrest. You will receive another letter from the DMV after they get the disposition of your case thru CORI. You will then have to appear befroe a DMV hearing officer to make your case with the letter you received from the judge for nullification of the DMV penalties for a guilty (no contest) in a DUI.
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  #54  
Old 06-09-2007, 11:58 PM
CheckRaise CheckRaise is offline
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Join Date: Aug 2004
Location: Minneapolis, MN
Posts: 2,271
Default Re: DUI - A trip report

[ QUOTE ]
NEVER ADMIT TO DRINKING 1 DROP OF ALCOHOL AT ALL!!!!!!

This will help you in no way. The police are not going to let you go for being honest. If you say I had 1 half a beer 15 hours ago your going to get a sobriety test.

There is no passing a sobriety test. They only test that matters is the eye test and there is no faking that. The walkin crap is nonsense.

You may say "hey they smelled the alcohol I was screwed anyway" This may be true, but you would be suprised the situations you can get out of if you just stick to your guns and deny deny deny deny. If they do test you anyway telling them that you drank will not help you so dont do it.

IF YOU ADMIT TO DRINKING AT ALL THEY WILL AUTOMATICLY PULL YOU OUT OF YOUR CAR AND TEST YOU. NEVER ADMIT TO SUCH NONSENSE.

[/ QUOTE ]
So if you refuse everything, the field test, breathalyzer etc what is the punishment? I know your license gets suspended but are you convicted of anything?
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  #55  
Old 06-10-2007, 01:16 AM
jws43yale jws43yale is offline
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Join Date: Feb 2006
Posts: 1,024
Default Re: DUI - A trip report

[ QUOTE ]
[ QUOTE ]
NEVER ADMIT TO DRINKING 1 DROP OF ALCOHOL AT ALL!!!!!!

This will help you in no way. The police are not going to let you go for being honest. If you say I had 1 half a beer 15 hours ago your going to get a sobriety test.

There is no passing a sobriety test. They only test that matters is the eye test and there is no faking that. The walkin crap is nonsense.

You may say "hey they smelled the alcohol I was screwed anyway" This may be true, but you would be suprised the situations you can get out of if you just stick to your guns and deny deny deny deny. If they do test you anyway telling them that you drank will not help you so dont do it.

IF YOU ADMIT TO DRINKING AT ALL THEY WILL AUTOMATICLY PULL YOU OUT OF YOUR CAR AND TEST YOU. NEVER ADMIT TO SUCH NONSENSE.

[/ QUOTE ]
So if you refuse everything, the field test, breathalyzer etc what is the punishment? I know your license gets suspended but are you convicted of anything?

[/ QUOTE ]

With a good lawyer you will probably get no other charge than maybe a traffic ticket if you were stopped for a "reason". You may also be able to get out the license supension if you have recieved everything and get out of the DUI charge.
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  #56  
Old 06-10-2007, 03:23 AM
HitHard69 HitHard69 is offline
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Join Date: Jul 2004
Posts: 413
Default Re: DUI - A trip report

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
NEVER ADMIT TO DRINKING 1 DROP OF ALCOHOL AT ALL!!!!!!

This will help you in no way. The police are not going to let you go for being honest. If you say I had 1 half a beer 15 hours ago your going to get a sobriety test.

There is no passing a sobriety test. They only test that matters is the eye test and there is no faking that. The walkin crap is nonsense.

You may say "hey they smelled the alcohol I was screwed anyway" This may be true, but you would be suprised the situations you can get out of if you just stick to your guns and deny deny deny deny. If they do test you anyway telling them that you drank will not help you so dont do it.

IF YOU ADMIT TO DRINKING AT ALL THEY WILL AUTOMATICLY PULL YOU OUT OF YOUR CAR AND TEST YOU. NEVER ADMIT TO SUCH NONSENSE.

[/ QUOTE ]
So if you refuse everything, the field test, breathalyzer etc what is the punishment? I know your license gets suspended but are you convicted of anything?

[/ QUOTE ]

With a good lawyer you will probably get no other charge than maybe a traffic ticket if you were stopped for a "reason". You may also be able to get out the license supension if you have recieved everything and get out of the DUI charge.

[/ QUOTE ]

Here's the law in Illinois for a first time offender...
If you blow over .08, you are going to get a DUI conviction and a 3 month license suspension.
If you refuse chemical testing, you will very likely beat the DUI, but you get a 6 month suspension for not blowing.
Of course, the states/village attorney is always open to plea bargains.
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  #57  
Old 06-10-2007, 03:26 AM
HitHard69 HitHard69 is offline
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Join Date: Jul 2004
Posts: 413
Default Re: DUI - A trip report

[ QUOTE ]
You received the automatic suspension letter from the DMV because of the arrest. You will receive another letter from the DMV after they get the disposition of your case thru CORI. You will then have to appear befroe a DMV hearing officer to make your case with the letter you received from the judge for nullification of the DMV penalties for a guilty (no contest) in a DUI.

[/ QUOTE ]

I'm not going to argue with you anymore. I'm just going to assume this is on a state by state basis. Perhaps this is how it works in your state. I called my attorney today to ask about this and he said it doesn't exist in my state.
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  #58  
Old 06-10-2007, 01:42 PM
CheckRaise CheckRaise is offline
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Join Date: Aug 2004
Location: Minneapolis, MN
Posts: 2,271
Default Re: DUI - A trip report

alright I looked up Minnesota DUI laws and founds this:

"Minnesota’s DWI laws are among the strongest in the nation. Under Minnesota DWI / DUI laws, refusal to take a chemical test following an arrest for drunk driving is a separate criminal offense."

You also lose your license for a least one year if you refuse a test. I wonder if your strategy would still work with this separate criminal offense.
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  #59  
Old 06-10-2007, 03:09 PM
guids guids is offline
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Join Date: Oct 2005
Posts: 12,908
Default Re: DUI - A trip report

[ QUOTE ]
alright I looked up Minnesota DUI laws and founds this:

"Minnesota’s DWI laws are among the strongest in the nation. Under Minnesota DWI / DUI laws, refusal to take a chemical test following an arrest for drunk driving is a separate criminal offense."

You also lose your license for a least one year if you refuse a test. I wonder if your strategy would still work with this separate criminal offense.

[/ QUOTE ]


can the lawyerws in the house explain to me how you have the right to refuse these tests, but yet they make it a criminal offence to do so? Like eventually can the law be "you hvae the right to free speech, but if it is the wrong speech you will be charged with a crime"?
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  #60  
Old 08-05-2007, 03:48 PM
HitHard69 HitHard69 is offline
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Join Date: Jul 2004
Posts: 413
Default Re: DUI - A trip report

[ QUOTE ]
You received the automatic suspension letter from the DMV because of the arrest. You will receive another letter from the DMV after they get the disposition of your case thru CORI. You will then have to appear befroe a DMV hearing officer to make your case with the letter you received from the judge for nullification of the DMV penalties for a guilty (no contest) in a DUI.

[/ QUOTE ]

Sorry for the bump, but I received a letter from the DMV a few days ago saying that due to my plea bargain, my license is indeed valid. Sorry bro, but like I told you, you were wrong.
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