Got Pulled Over

Off Topic
61

[quote]Eli B wrote:
btw if you’re drinking and driving and you get pulled over… Never blow. You’ll lose your license only until you pay a lawyer to get it reinstated but its the only way of pleading to a lesser charge or fighting the case. If you blow you’re fucked and the DA won’t want to plea.

Ask your lawyer friends.

Also if you do have drugs in the car don’t consent to a search. If I had drugs in the car I would have taken the bench warrant arrest over a drug arrest.

If cops come knocking about a criminal investigation…you can still cooperate with an investigation with a lawyer present.

words to the wise.[/quote]

You get an automatic suspension of your license in most states just for refusing. That suspension is usually longer than the suspension for a first time DUI conviction. And, DUIs are plead down all the time based on the testing of the machine (or lack thereof) and probable cause for the stop. In addition, there are first time offender downgrades, etc. You need better lawyer friends.

62

[quote]Eli B wrote:

[quote]clockworkchad wrote:

[quote]Eli B wrote:
btw if you’re drinking and driving and you get pulled over… Never blow. You’ll lose your license only until you pay a lawyer to get it reinstated but its the only way of pleading to a lesser charge or fighting the case. If you blow you’re fucked and the DA won’t want to plea.

Ask your lawyer friends.

Also if you do have drugs in the car don’t consent to a search. If I had drugs in the car I would have taken the bench warrant arrest over a drug arrest.

If cops come knocking about a criminal investigation…you can still cooperate with an investigation with a lawyer present.

words to the wise.[/quote]

you shouldnt give out blind advice like that, each state is different with their rules. refusing to blow in CT is a automatic 6 month suspension, NO MATTER WHAT. no amount of lawyer power is going to help that. i have lawyer freinds, first hand experience, and freinds and co workers with experience since they are cracking the fuck down here. first time offense, you lose your license for 90 days, but you get a work permit and can still drive, its no big deal. if you refuse to blow, then you lose it for 6 months and dont get a work permit. [/quote]

I am not a lawyer. You should not blindly follow my (or any) free advice on the internet.

Missouri is supposed to be a 12 month suspension but a friend in law school was telling me that its bullshit and any decent lawyer can get you re-instated especially if you don’t get convicted because they don’t have any hard evidence. We were talking about it because he had just gotten a DUI prior to learning that piece of information.

Also dont drink and drive.[/quote]

your friend needs to stay in school longer. hard evidence? they don’t need any. driving is a “privilege” and not a right. by driving, you’re subject to giving a breathalyzer upon probable cause and your refusal results in the automatic suspension. your refusal is all the “hard evidence” required.

63

[quote]gregron wrote:
Sort of off topic…

Anyone here have or use one of those at home Breathalyzers? A buddy of mine bought one and it was a hit at parties… and by hit I mean everyone was trying to blow the highest number and everyone ended up shit housed.

But in the directions it said that you had to wait 5 minutes after consuming your last drink before you could attempt a reading otherwise it would register too high due to alcohol still in your mouth/saliva or whatever. I know police breathalyzers are more high tech but the same thing probably applies right? Thats why if I ever am out even at dinner and having one beer I make sure to have my drink finished well before I leave and have at least one glass of water before I leave just in case.

Kind of I guess just a rant.

waiting for Dixies Finest to post a “cool story bro” picture[/quote]

they don’t just take one reading anyway. a single reading can be wrong for any number of reasons. if you blow over the limit, you will be given other chances to blow at prescribed intervals. then you will be charged if you are consistently over.

64

[quote]TheBodyGuard wrote:

[quote]Eli B wrote:

[quote]clockworkchad wrote:

[quote]Eli B wrote:
btw if you’re drinking and driving and you get pulled over… Never blow. You’ll lose your license only until you pay a lawyer to get it reinstated but its the only way of pleading to a lesser charge or fighting the case. If you blow you’re fucked and the DA won’t want to plea.

Ask your lawyer friends.

Also if you do have drugs in the car don’t consent to a search. If I had drugs in the car I would have taken the bench warrant arrest over a drug arrest.

If cops come knocking about a criminal investigation…you can still cooperate with an investigation with a lawyer present.

words to the wise.[/quote]

you shouldnt give out blind advice like that, each state is different with their rules. refusing to blow in CT is a automatic 6 month suspension, NO MATTER WHAT. no amount of lawyer power is going to help that. i have lawyer freinds, first hand experience, and freinds and co workers with experience since they are cracking the fuck down here. first time offense, you lose your license for 90 days, but you get a work permit and can still drive, its no big deal. if you refuse to blow, then you lose it for 6 months and dont get a work permit. [/quote]

I am not a lawyer. You should not blindly follow my (or any) free advice on the internet.

Missouri is supposed to be a 12 month suspension but a friend in law school was telling me that its bullshit and any decent lawyer can get you re-instated especially if you don’t get convicted because they don’t have any hard evidence. We were talking about it because he had just gotten a DUI prior to learning that piece of information.

Also dont drink and drive.[/quote]

your friend needs to stay in school longer. hard evidence? they don’t need any. driving is a “privilege” and not a right. by driving, you’re subject to giving a breathalyzer upon probable cause and your refusal results in the automatic suspension. your refusal is all the “hard evidence” required. [/quote]

This. And don’t even get started on the Probable Cause thing, which basically enables cops to do whatever they want based on if they even “think” your suspicious.

65

“where are you headed right meow?”

66

[quote]BONEZ217 wrote:
“where are you headed right meow?”[/quote]

LOL! Super troopers FTW

Seriously though, the only time cops are ever really on your side is if you’re a victim. And even then they ask you of complicity to what happened.

67

[quote]gregron wrote:
Sort of off topic…

Anyone here have or use one of those at home Breathalyzers? A buddy of mine bought one and it was a hit at parties… and by hit I mean everyone was trying to blow the highest number and everyone ended up shit housed.

waiting for Dixies Finest to post a “cool story bro” picture[/quote]

I bought this one from Amazon a few years ago:

It’s fairly accurate at first but then after a couple weeks the calibration get’s out of whack and it’s useless. I returned it after about 3 weeks.

Refusing to blow in NJ is a mandatory suspension and has hefty fines attached to it. Not a good move in this state.

68

You never refuse the test — merely say, well I want to talk to my lawyer before I agree and want him present at the test — which they will get mad at you, tell you you have no right to a lawyer, and might count as a refusal, but probably not.

In many jurisdictions, even if you are under the limit and they pull you over, you get a “Driving While Impaired” or some version thereof — intead of “Under the Influence.”

++++++++++++++++++++++

Completely off that topic, but I was pulled over in Arizonia going well over 90 in a 75(?). The cop asked “Do you know how fast you were going?” To which I replied “well if you don’t know, I sure as hell am not going to tell you.” The cop just burst out laughing, ran my plate/license and let me go.

69

[quote]Jewbacca wrote:
Completely off that topic, but I was pulled over in Arizonia going well over 90 in a 75(?). The cop asked “Do you know how fast you were going?” To which I replied “well if you don’t know, I sure as hell am not going to tell you.” The cop just burst out laughing, ran my plate/license and let me go.[/quote]

70

[quote]TheBodyGuard wrote:

[quote]Eli B wrote:
btw if you’re drinking and driving and you get pulled over… Never blow. You’ll lose your license only until you pay a lawyer to get it reinstated but its the only way of pleading to a lesser charge or fighting the case. If you blow you’re fucked and the DA won’t want to plea.

Ask your lawyer friends.

Also if you do have drugs in the car don’t consent to a search. If I had drugs in the car I would have taken the bench warrant arrest over a drug arrest.

If cops come knocking about a criminal investigation…you can still cooperate with an investigation with a lawyer present.

words to the wise.[/quote]

You get an automatic suspension of your license in most states just for refusing. That suspension is usually longer than the suspension for a first time DUI conviction. And, DUIs are plead down all the time based on the testing of the machine (or lack thereof) and probable cause for the stop. In addition, there are first time offender downgrades, etc. You need better lawyer friends.
[/quote]

In missouri there is much talk of no plea.

Furthermore my friend was pretty adamant that you can get your liscense reinstated. I don’t know why man I just beleive him.

I don’t really drink and drive so either way I was pretty much just running my internet mouth. Whoever said lawyer on speed dial had the best advice I think.

71

I know this is not the most credible source, but he seems to know his shit, couldn’t find a date, seems to be for florida.

His vote: If you’ve had a few, no blow

California
http://legallad.quickanddirtytips.com/dui-breath-test-or-blood-test.aspx
Much more vague, doesnt indicate a choice to refuse. Does advise not blowing preliminary screening as there is no consequence except being put under arrest which was going to occur anyway.

72

Heres a post from another forum that I found to be wise.

"I’ve always heard if you look sober (enough) on the cops car cam and don’t blow, that your chances are pretty good of getting it dismissed… or at least pleading it down…

could be wrong though…
but if thats right I’d rather a year on the bus than a DWI"

The thing about the cop-cam came up in previous aritcles.

If you dont blow all they have is field sobriety excercises and footage of you in the backseat – hardly conclusive especially if you look sober enough.

Id rather plea than have DUI on my job screenings and insurance.

73

As a Mormon missionary, I was pulled over a couple dozen times. Thankfully, the only times that they weren’t members of the church and pulling me over to freak me out, I knew members who were in the CHP locally and I was able to drop some names and get let off with a warning.

And then I got pulled over on an Indian reservation by the Indian Police. I was so scared I was going to be scalped. Thankfully the member of our church who was a high ranking member of the tribe drove by just then, saw what was happening, told me to go and started yelling at the cop.

74

[quote]byukid wrote:
As a Mormon missionary, I was pulled over a couple dozen times. Thankfully, the only times that they weren’t members of the church and pulling me over to freak me out, I knew members who were in the CHP locally and I was able to drop some names and get let off with a warning.

And then I got pulled over on an Indian reservation by the Indian Police. I was so scared I was going to be scalped. Thankfully the member of our church who was a high ranking member of the tribe drove by just then, saw what was happening, told me to go and started yelling at the cop.[/quote]

You need to send missionaries to Gaza. Stop being pussies and just bothering Jews and Christians. I would try to figure out some sort of head chopping protection, though.

75

[quote]Eli B wrote:

[quote]TheBodyGuard wrote:

[quote]Eli B wrote:
btw if you’re drinking and driving and you get pulled over… Never blow. You’ll lose your license only until you pay a lawyer to get it reinstated but its the only way of pleading to a lesser charge or fighting the case. If you blow you’re fucked and the DA won’t want to plea.

Ask your lawyer friends.

Also if you do have drugs in the car don’t consent to a search. If I had drugs in the car I would have taken the bench warrant arrest over a drug arrest.

If cops come knocking about a criminal investigation…you can still cooperate with an investigation with a lawyer present.

words to the wise.[/quote]

You get an automatic suspension of your license in most states just for refusing. That suspension is usually longer than the suspension for a first time DUI conviction. And, DUIs are plead down all the time based on the testing of the machine (or lack thereof) and probable cause for the stop. In addition, there are first time offender downgrades, etc. You need better lawyer friends.
[/quote]

In missouri there is much talk of no plea.

Furthermore my friend was pretty adamant that you can get your liscense reinstated. I don’t know why man I just beleive him.

I don’t really drink and drive so either way I was pretty much just running my internet mouth. Whoever said lawyer on speed dial had the best advice I think.[/quote]

In Missouri, a first time DWI is easy to plea. Pretty much guaranteed suspended imposition of sentence, meaning if you complete your probation without any problems, it won’t count as a conviction on your record. It will count though with regard to subsequent DWIs for classification of prior or persistent offender status.

76

[quote]Jewbacca wrote:
You never refuse the test — merely say, well I want to talk to my lawyer before I agree and want him present at the test — which they will get mad at you, tell you you have no right to a lawyer, and might count as a refusal, but probably not.

In many jurisdictions, even if you are under the limit and they pull you over, you get a “Driving While Impaired” or some version thereof — intead of “Under the Influence.”

++++++++++++++++++++++

Completely off that topic, but I was pulled over in Arizonia going well over 90 in a 75(?). The cop asked “Do you know how fast you were going?” To which I replied “well if you don’t know, I sure as hell am not going to tell you.” The cop just burst out laughing, ran my plate/license and let me go.[/quote]

Where did you get this from? You have a right to a lawyer (miranda rights) if you’re being charged with a crime. Being asked to submit to a breathalyzer is not tantamount to being charged with a crime. As a condition in exchange for the privilege of driving, you are usually required by your State to submit to a breathalyzer upon reasonable cause and your failure to do so is usually followed by a mandatory suspension. Refusing to take a test until your lawyer was present would be a refusal.

My friend once got stopped doing about 100 by a PA State Trooper. Trooper tells friend, “I’ve been waiting all day for you”, to which my friend replies “Well, I got here as fast as I could”. Trooper laughs, no ticket.

77

[quote]Eli B wrote:
I know this is not the most credible source, but he seems to know his shit, couldn’t find a date, seems to be for florida.

His vote: If you’ve had a few, no blow

California
http://legallad.quickanddirtytips.com/dui-breath-test-or-blood-test.aspx
Much more vague, doesnt indicate a choice to refuse. Does advise not blowing preliminary screening as there is no consequence except being put under arrest which was going to occur anyway.[/quote]

Like all legal issues, it’s State sensitive. But generally, refusing to blow is an automatic suspension. And when there is an automatic, it is usually longer than that you would have received from the offense, notwithstanding of course multiple and chronic offenders.

78

[quote]Jewbacca wrote:

[quote]byukid wrote:
As a Mormon missionary, I was pulled over a couple dozen times. Thankfully, the only times that they weren’t members of the church and pulling me over to freak me out, I knew members who were in the CHP locally and I was able to drop some names and get let off with a warning.

And then I got pulled over on an Indian reservation by the Indian Police. I was so scared I was going to be scalped. Thankfully the member of our church who was a high ranking member of the tribe drove by just then, saw what was happening, told me to go and started yelling at the cop.[/quote]

You need to send missionaries to Gaza. Stop being pussies and just bothering Jews and Christians. I would try to figure out some sort of head chopping protection, though.[/quote]

Hey, my friend went to Indonesia for his mission. The mission actually closed a little while after that because, well… even the nice Muslims may think Mormons are cool, but not the biggest fan of us proselyting them.

As for head chopping protection- I heard that they’re making turtleneck magic underwear, so we may have something there.

79

[quote]TheBodyGuard wrote:

My friend once got stopped doing about 100 by a PA State Trooper. Trooper tells friend, “I’ve been waiting all day for you”, to which my friend replies “Well, I got here as fast as I could”. Trooper laughs, no ticket. [/quote]

nice.

80

[quote]TheBodyGuard wrote:
Where did you get this from? You have a right to a lawyer (miranda rights) if you’re being charged with a crime. Being asked to submit to a breathalyzer is not tantamount to being charged with a crime. As a condition in exchange for the privilege of driving, you are usually required by your State to submit to a breathalyzer upon reasonable cause and your failure to do so is usually followed by a mandatory suspension. Refusing to take a test until your lawyer was present would be a refusal. [/quote]

From several CLEs I’ve been to on the topic. Your state law may vary.

I don’t disagree with any thing you are saying; it’s a very fine line, but the way this has worked to avoid a suspension for refusing the test is: (1) you always have the right to counsel before you talk to police (no matter what they say) and (2) by not “refusing” you technically don’t meet the statute, or can at least have a colorable argument such that the prosecutor lessons the suspension length.