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DUI? WTH

Discussion in 'Off-Topic Discussion' started by Jerry311SD, Aug 13, 2018.

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  1. Aug 13, 2018 at 7:20 AM
    #1
    Jerry311SD

    Jerry311SD [OP] New Member

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    So Saturday night my girlfriend weredriving home from Rancho Cucamonga back down to San Diego, She was driving

    We get to Murrieta and she pulled off the freeway to getsome asprin out of the trunk, so I got out as well to look at the rear tires(though we heard a noise). About a minute later CHP
    Pulls up to as he said (help us). I told him we were just getting somthing from the trunk.
    Then he starts with all the questions and stupid test's. Makes me blow in the Breath machine a few times and would not show me what tha number was, My girlfriend asked what the number was and they would not say or show us, him and his partner would turn their back to us and talk to each other and not show us.

    So this guy puts cuffs on me and in the CHP car i go. I wasnt driving. He never read me my rights. he took me to another station to do another breath machine and non of them worked to he took me to jail where i did the blood test.

    How can he do this when i wasnt even in the car when they found us. I wasnt driving.. I have never been arrested or anything like that

    What do i do, I have no money for a lawer. Child support and normal bills are killing me already.
     
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  2. Aug 13, 2018 at 7:41 AM
    #2
    ColoradoTJ

    ColoradoTJ So there I was.... Staff Member

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    I would never take a road side sobriety test, period. I also would only answer certain questions, yes and no answers. Remember, you are on audio and video.

    Personally, it would be a blood test only. Accurate and reliable.

    When in the waiting cell, the camera is on you again. Remember that.

    Not sure why when first asked if you were driving, this didn’t come out your mouth, “no officer, I’m not driving, my GF is. We were at a party and my GF is the DD.”

    Now if you were the one with the keys in your hand....you be fucked.
     
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  3. Aug 13, 2018 at 7:41 AM
    #3
    COMiamiFan

    COMiamiFan SSEM #3. Don't forget to try the search bar. #PSL

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    Your Miranda rights grants you right to an attorney if cannot afford one; it will be state appointed. Unfortunately you will have to go thru this hassle, but doubt you will get convicted since since they can't prove beyond a reasonable doubt that you were in fact driving. Sorry you had to go thru this.
     
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  4. Aug 13, 2018 at 7:41 AM
    #4
    Black Wolf

    Black Wolf Where's my popcorn salt? Damnit

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    They only way the DUI would stand is if they had proof that you were in fact driving the car. You need to talk to a lawyer. DUI is a serious matter.
     
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  5. Aug 13, 2018 at 7:42 AM
    #5
    T-Rex266

    T-Rex266 Independentoffroad who? That's cute. Staff Member

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    Me thinks there’s more to this story. CHP is known for DUI enforcement. Hell, most city cops kick them to CHP when possible. It’s a long process that takes up 2-4 hours of the shift; dependent if said person is taken to detox opposed to jail.

    In CO, road sides are voluntary.
     
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  6. Aug 13, 2018 at 7:44 AM
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    Pudge

    Pudge Super Secret Elite Member #7

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    Here in CT if you refuse a roadside breath test that is automat admission of guilt and you lose your licence for 6 months. No way around it. You could blow .400 and get less than 6 month suspension
     
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  7. Aug 13, 2018 at 7:44 AM
    #7
    SWFLTundra

    SWFLTundra New Member

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    First off... I am PRO LEO, but I would never consent to a roadside sobriety test.
     
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  8. Aug 13, 2018 at 7:45 AM
    #8
    Black Wolf

    Black Wolf Where's my popcorn salt? Damnit

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    Yep...more to the story.
     
  9. Aug 13, 2018 at 7:46 AM
    #9
    T-Rex266

    T-Rex266 Independentoffroad who? That's cute. Staff Member

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    Also- if you blew less than .08, you can still be charged with DWAI.
     
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  10. Aug 13, 2018 at 8:02 AM
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    SloppyJ

    SloppyJ New Member

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    I too agree that it sounds like there is more to the story. Were you in possession of the keys?

    I was issued a public intox one night when I was riding passenger and our DD got pulled over. The officers asked our DD to preform some roadside tests and asked me to get out of the car to give them my ID. They were upset that my friend didn't blow over the legal limit and took me to jail for a public intox since they claimed I was outside of the vehicle. To this day I still feel that was not ethical. I was unable to get the charges dropped.

    Also, here you can refuse a roadside test but they don't have to give you a blood test. If they are going to throw the book at you, you can lose your license for 6mo for the refusal.
     
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  11. Aug 13, 2018 at 8:06 AM
    #11
    Jerry311SD

    Jerry311SD [OP] New Member

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    The Keys were in the car. We were getting Asprin out of the tunk of the car when CHP pulled up on us.
     
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  12. Aug 13, 2018 at 8:09 AM
    #12
    big_jarv

    big_jarv New Member

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    Lawyer up.
     
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  13. Aug 13, 2018 at 8:17 AM
    #13
    Grumpy Uncle

    Grumpy Uncle Pushing string down the hall SSEM #10

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    Were you being being a obnoxious or anything like that?
     
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  14. Aug 13, 2018 at 8:24 AM
    #14
    speckmon

    speckmon Must. Have. Pow.

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    bills aside, get a lawyer.
     
  15. Aug 13, 2018 at 8:29 AM
    #15
    ColoradoTJ

    ColoradoTJ So there I was.... Staff Member

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    I would love to see video tape...
     
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  16. Aug 13, 2018 at 8:52 AM
    #16
    Trooper2

    Trooper2 Premium Lone Star Member / SSEM #13

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    This!
    You don't want a DUI!
     
  17. Aug 13, 2018 at 9:06 AM
    #17
    Boerseun

    Boerseun Super White

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    They are not allowed to fine or book you if they can't proof that you were the driver. Either your girlfriend were also under the influence and you tried to protect her, or there is something else. If not, you should be able to fight this successfully in court - just stick to your story of not being the driver.
    We have had accidents on construction sites where cars plowed into our site. As soon as the drunk guy gets out of his vehicle before LEO shows up, they cannot do anything to him/her, because they did not see him/her behind the wheel.
    Let them play the LEO's video in court proving that they did not see you behind the wheel; if in fact you were already outside when they showed up. (Bonus points if your girlfriend does not appear to be intoxicated)
     
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  18. Aug 13, 2018 at 9:28 AM
    #18
    Jerry311SD

    Jerry311SD [OP] New Member

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    My girlfriend blew 0.00 and was able to go home.

    When CHP pulled up no one was in the car at all..
     
  19. Aug 13, 2018 at 9:30 AM
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    Boerseun

    Boerseun Super White

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    Then I would say you have a good chance to beat this. Good luck!
     
  20. Aug 13, 2018 at 9:51 AM
    #20
    Tierhog

    Tierhog SIG-AHOLIC

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    O.k. I really hope I can help the OP with information without everyone getting angry.

    If you have a California issued driver's license, a disclaimer you signed authorizes any LEO to administer an alcohol/drug test. See "Implied consent" statutes. The LEO can't arbitrarily pull any Joe off the street and hook him for deuce because he's/she's angry at the world, they need probable cause for the stop. Any roadside violation is PC for stop, but to make a DUI arrest stick, you need more. Generally roadside symptoms are slurred speech, bloodshot eyes, unsteady gait, or a positive alcohol test.

    Now if you refuse the test, they will arrest you and bring you to a hospital for a blood draw. You refuse both, your simply booked for 23152 VC and maybe 148PC if your being an ass.
    If he established contact by talking to you (consensual encounter) and you weren't ordered to stop or he activated his lights, etc, the LEO will use "objective symptoms of alcohol or drug intoxication" to arrest. If he/she swears under purjury that you were driving, it's your job to refute. A judge signs the PC within 48 hrs to ensure the arrest is legal. Any questionable arrest, the DA will drop. Expect the DA to convince the jury that any test refusal should equal a guilty plea.

    Now.. Please don't discuss the case here. An attorney will likely haggle with the DA to minimize the overall cost, but if you weren't driving (need more than your spouses statement in most cases) you should fight it. If you were drinking and you were driving, it's going to be a an uphill battle. Your BAC will matter... Alot.

    Additionally, if the officers roadcam or body cam shows your spouse exit the vehicle from the driver's side from a distance (imagine his vehicle behind yours and slowly coming to a stop) that evidence is available under discovery. The officer may have made a mistake, like a referee.. It happens. Also, any gas station/convience store worth its salt has security cams. The information is likely there too. If you had nothing to drink, his or her draw came up 0.00 so the whole case is a no brainer and will be dropped. It's great your spouse was 0.00, but it's not her under accusation.
    You can be arrested outside your vehicle for DUI in California. Im not vouching for Fla. I'm not familiar with their laws.

    Even if the officer made a sloppy and wrongful arrest, he's acting in his "scope" and made an arrest properly under the color of authority. You can do things wrong, correctly so to speak. I'd refrain from calling the FBI and everyone else as it won't garner much. An attorney will take the case for nothing out of pocket if he or she thinks civil rights violations occurred with intent as their is money in that.

    Hope I've helped you. Your obviously out on bail and have a court date two to four weeks out.
     
    Last edited: Aug 13, 2018
  21. Aug 13, 2018 at 10:54 AM
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    moonshineheadache

    moonshineheadache New Member

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    It's unfortunate you're in the position you're in, but you might be better served making an inquiry on a CA law forum rather than looking to a bunch of folks who love their trucks for answers.
     
  22. Aug 13, 2018 at 11:09 AM
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    Tierhog

    Tierhog SIG-AHOLIC

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    Very true. Some of us did it for a living... Some of us.. Not so much. Lol
     
  23. Aug 13, 2018 at 3:31 PM
    #23
    csuviper

    csuviper Moderator Staff Member

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    Very curious how this ends up but i agree that you probably should not discuss details here until after the court date.
     
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  24. Aug 13, 2018 at 4:21 PM
    #24
    Jerry311SD

    Jerry311SD [OP] New Member

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    I'll update.
    When stuff happens. First court date is 10-18
     
  25. Aug 13, 2018 at 5:31 PM
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    Newm

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    Get an attorney and delete this thread.

    Good luck man.
     
  26. Aug 13, 2018 at 5:36 PM
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    Albertaundra

    Albertaundra aka...IgnorantlyAlberta

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    Sounds like a shot situation. Hope it all works out in the end.
     
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  27. Aug 13, 2018 at 5:39 PM
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    Black Wolf

    Black Wolf Where's my popcorn salt? Damnit

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    3,2,1....delete.....
     
  28. Aug 13, 2018 at 5:40 PM
    #28
    Black Wolf

    Black Wolf Where's my popcorn salt? Damnit

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    Yep
     
  29. Aug 13, 2018 at 5:52 PM
    #29
    MotoTundra

    MotoTundra The Ocho

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  30. Aug 13, 2018 at 7:28 PM
    #30
    Sunnier

    Sunnier “DO it!”

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    I think there's no reason the OP should delete his post here. In fact, it occurred to me, it was a great idea to post statements of 'innocence', and there's no downside I can see for the OP in doing this. In the old days, the OP would be screwed but, these days, everyone from the lawyers to the jurors expect video. If there's no one attesting they saw the OP driving, and the OP and his girlfriend say otherwise, I can't see how this could stick. I do think a lawyer would better help get you access to evidence.
     
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