DUI? WTH

Correct me if I am wrong. You lose your license automatically for a few months (might be a year) if you refuse a breath test or sobriety test?

 

There are states that actually set up "check points" for sobriety. They actually shut down highway lanes and check EVERYONE who passes through. I really don't understand how they get away with it since it is unwarranted search, but I am no lawyer. I don't drink anymore, but I do get irritated when I am interrogated in the middle of the night while coming back from the airport and have to justify my innocence.


I absolutely support law enforcement, but if I am not breaking the law... swerving, running red lights etc... then please respect my privacy and leave me alone. Fair enough?

 

I wouldn't worry about deleting the thread.....

Well actually.....

Fictitious Preliminary Hearing Transcripts
Date: Unknown

CHP: Your Honor, I .....

OP: Your Honor he can stop right there, I'd like to enter into evidence Exhibit A, which are printed screenshots of a Tundras.com thread in which I factually state I was never in physical control of the vehicle in question and request legal advice.

CHP: Objection! Your honor that evidence could be altered, they weren't obtained by legal means. After executing a Search Warrant for Records I have obtained official Tundras.com thread contents possibly posted by.....

JUDGE: I happen to drive a Tundra myself. I am familiar with this amazing Forum you speak of and have previously viewed this thread. I should really recuse myself from this case, but wait, OP, is your Tundra Black or Pyrite Mica?

OP: Pyr......

JUDGE: All charges are bound to the Court of Common Pleas, we all know Black is the best color. You should have deleted the thread like they said!

 

The Supreme Court ruled under the US Constitution that road blocks are legal but some states still have laws making them illegal in the those states. I don't agree with them at all and am very pro LEO.

You should NEVER and I mean NEVER submit to a field sobriety test or blood pull. In some states your license can be suspended for 6 months but there is a loophole that if your attorney files something within 14 days you will be granted driving privileges till your court date. I was in court with many that blew well under the legal limit, doesn't matter you still get popped with being under the influence and it's a officers judgement call. In court it will be just like you were painting the town and blew 3 times the legal limit. Be nice and refuse everything, give them no evidence in court, then have a good attorney handle business.

 

I did a ride-along during one of these checkpoints and they had cruisers waiting for people who turned around and followed them until they eventually broke a traffic law and pulled them over anyway. They also didn't make the turnout obvious so many people turned around illegally and got pulled over that way too. They're gonna get you one way or another.

 

I see where you are coming from, however I respectfully disagree. If they conducted one on your private property I would strongly agree however.

I don't know about your state, but it's a privilege to drive on public roads in PA, not a right. I'm OK with DUI check points just as I am OK with mandatory truck inspections. Many lives are lost because of DUI drivers as well as unsafe big trucks.

LEOs can take a few minutes of my time to possibly save a life any day. That life could be anyone.

 

There are bad cops, bad doctors, bad lawyers, bad nurses... my point is cops lie just like regular people do. I used to put all of them on pedestal as kid, thinking they were always looking out for my best interest... WRONG.. I was 16 yrs old making a right turn onto a major highway and was behind a cop. The cop put his car in reverse and backed into me.. well the super honest cop claimed I HIT HIM! I was incredibly lucky to have an eye witness who saw the whole thing and told the other cop that arrived at the scene what happened. Well the cop that that claimed I hit him changed his story, said he must have accidentally put his car in reverse.
Never be disrespectful to cop, yes sir.. no sir.. but NEVER ever submit to roadside testing or any search of your vehicle. Its better to go to jail and get an attorney and let them sort it out than to submit to any testing. You are already screwed, by submitting to testing or a search you are just going to make the situation a whole lot worse.

 

As a retired LEO as many have suggested GET A LAWYER ! Also stop discussing any aspect of your case in this forum or for that matter any public forum, speak only to your lawyer. Good luck.

 

Man, ive got a history. Right as i turned 18 i did the second dumbest thing (eh, got caught) in my life so far. Permanent Mark.. 12 years later, i learned that getting a dui trumped that other one by a large amount.


First one just made it a little harder to get a job and gave me an excuse for not voting.

The dui was just crippling. Like being told you can no longer use one of your arms, and then be expected to juggle.

I get the "punish in hopes to deture" method but removing one's privilege of independent mobility while also assigning them to community service, weekly AA/NA, work, monthly probation appointments, routine testing.... Ect...
oHH! EEm! GEEE!

Im not cut out for public transportation. Id get killed within a week.

Any of yall ever seen a skinny white kid riding around in DC on a metro bus after dark? Hell no you havent! We'd be safer in jail...

Get a lawyer. And actually interview a couple of them. Good chance you'll find one that will be just as pissed off about it as you. Thats the guy you probably want.

 

Just a small update for anyone following

I have not been to court yet, I only scheduled a phone interview with the DMV safety dept, but that is not untill after my court date in OCT. So I have been pretty much just waiting around.

I got a letter from the DMV saying (After a review of the infromation on file, it has been (SET ASIDE)
And I can go get a no-fee duplicate license.


From what I have read, this is the best possible thing to happen, they found somting wron gwith the police report or my Blood work came back UNDER .08

That explains why he woulndt show me the Breathalyzer results at all.

 

I believe you should be able to obtain a copy of the police report by now. Not sure how DUI cases are handled, but I was able to purchase a report for $20, 3 weeks after the incident.

 

I'm not sure if you know what can happen when you drive drunk, but it's not good. In my opinion the penalties are not strong enough for DUI. If you don't like doing all those things you mentioned then it's REALLY easy to avoid—don't drive drunk.

 

"FOIL" request at least in New York, that is Freedom Of Information Law.

https://www.dos.ny.gov/coog/freedomfaq.html

Good Luck

 

wow ! pretty crazy ! I've never seen a Cop take someone to jail without knowing for a fact who was in "actual physical control" of the vehicle. That's DUI 101...

 

Small update to anyone who is following

Had my first court date, Just simply to say guilty or not guilty.
I got a public defender. When they took my blood at the jail it was .076 so hopfully this will get dismissed,
I go back to court Nov 8

 

I sure hope this is an exaggeration or misrepresentation. Lest we forget the words, "Innocent until Proven Guilty".

 

This is the dumbest thing I’ve ever read on here. If his Tundra was black he wouldn’t let his girl drive it. Way too much power for a woman.

 

Same thing in MO. Can lose a license for a year if you refuse a sobriety test.

 

That is what I was thinking, .076 rounds up to .08. Why would you expect to get dismissed on these results?

 

somone said they found it hard to belive I'd let my girldrive the car because its a benz.
it's just a car i paid 3500$ for and fixed. yeah its a 04 benz but so what. my German Shepherd rides around with me. Just a car.

For what its worth She doesnt drive the tundra. LOL

 

I'm a little confused, The bac should not come into the picture unless you were driving. You said you were not driving. Fight it and make the Cop produce his evidence. I doubt they will drop it just because you were at .076..