DUI going to trial

[SNCBOOM]

Was talking about the test at the police station, not the PBT. sorry if that was unclear.

However, from what i've read/heard, refusing the PBT is almost guaranteeing a ride in the backseat, right?

Yes, a refusal will reserve you a spot in the county jail until you can bond out. Here's an example I remember from when I lived in Athens.

DUI dropped for UGA math department head (w/court documents) - The Red and Black : News

 

[silver03svt]

Hate to hear this man, it's also silly that he clearly had nothing better to do, who pulls someone over for window tint at night from across the parking lot?? I actually contacted the police chief there in Warner Robins once because of being pulled over for window tint at night by an officer passing me going in the other direction when I was doing nothing wrong. Told him I felt I was being harassed as I was pulled over just the day before for not "letting my blinker blink long enough" while switching lanes, lol. At the time I had a crown vic that didn't have a blinker cancel so it stayed on till you took it off--Police chief threw it out, sucks this isn't the case, let me know if you need anything.

I now have a tint waiver because I have photophobia (I guess it happens to a lot of people with blue eyes) so I couldn't care less. I never said it was a BS reason to always pull someone over, I feel at midnight it's hard to tell if anyone's tint is illegal or not unless you have no tint at all and it was obvious the cop was just looking for a reason.

And as I told you earlier, LEO's have a number of ways to judge your tint prior to being stopped. We don't necessarily have to determine whether the tint IS illegal prior to the stop, only have a REASONABLE SUSPICION that it is. The tint meter will give us the positive or negative as to the actual amount of tint. Either way, tint stops are a tool used by LEO's to look for intoxicated drivers.

BTW, I would quote your other post too, but I see it was removed by a mod.

 

[turbotrail93]

And as I told you earlier, LEO's have a number of ways to judge your tint prior to being stopped. We don't necessarily have to determine whether the tint IS illegal prior to the stop, only have a REASONABLE SUSPICION that it is. The tint meter will give us the positive or negative as to the actual amount of tint. Either way, tint stops are a tool used by LEO's to look for intoxicated drivers.

BTW, I would quote your other post too, but I see it was removed by a mod.

Like I said, the officer was looking for a reason to pull him over.. He had tint we all have come to the conclusion of that. And I've stated that MY OPINION is he had nothing going on to be looking for tint in the dark. I've had my discussion with you, move on.

Not sure what your quoting proved, you highlighted that I felt I was being harassed as well.. I was pulled over multiple times in the same town for petty stuff. The police chief threw it out, guess he felt the same way..

 

[silver03svt]

Like I said, the officer was looking for a reason to pull him over.. He had tint we all have come to the conclusion of that. And I've stated that MY OPINION is he had nothing going on to be looking for tint in the dark. I've had my discussion with you, move on.

Not sure what your quoting proved, you highlighted that I felt I was being harassed as well.. I was pulled over multiple times in the same town for petty stuff. The police chief threw it out, guess he felt the same way..

Actually you never said that the officer was looking for a reason to pull him over. You said it was silly that the officer had nothing better to do. Quite a difference. Maybe this officer was being paid to specifically enforce DUI/DWI on that particular night.
And by quoting you, I am showing that even though you did not SPECIFICALLY say that it was a BS reason to stop, you clearly think that stopping people at night for window tint would seem to be harrassment or just plain silly to do.
I am glad you got your tint charge thrown out by the police chief. It's good to know that paricular chief has the ability to dismiss a charge through the courts without their say-so. I am also glad you were not drinking and driving that night, otherwise we may be subject to another "Got a DUI, can I Beat it" thread.
I have no animosity towards you, but I am tired of seeing you contradict what you have previously posted.

 

[boostaholick]

He hasn't reported back, I'm assuming his lawyer ****ed him on this deal and the trail didn't go so well for the op ? What some shit, if he did he a lawyer then he had one shitty lawyer IMO......

 

[4VFTW]

Was the OP loaded on a cattle cart and gassed at some camp?
That was the end result of a situation that started out very similar to the OP's.


The implied consent is an administrative action against a driver's license. Refusal does not mean guilt; however, will result in the loss of the license in most cases. I'll take a 1yr DL suspension over a DUI all day erry day.



Don't forget about the officer's observations. absolutely true , but according to the OP he was not inpaired...the officer can say all he wants but video is worth a million words.



The OP's biggest problem was drinking several alcoholic beverages prior to driving, not the fact he admitted to drinking.
Correct, however telling a cop you have been drinking will never benefit you...ever. keep your mouth shut and lawyer up.


Yeah, make it tougher for the police to keep dangerous drivers off the road. Nice philosophy.
the law provides many avenues for one to not incriminate ones self. you do your job and i'll do mine

:beer:

 

[badws6ta]

oh hush, you talked about how stupid I sounded and now your claiming name calling.... Like a kid. My whole point was it's very hard to tell if tint is illegal AT NIGHT TIME (you know the dark) so it's obvious BS stop. carry on officer.

I now have a tint waiver because I have photophobia (I guess it happens to a lot of people with blue eyes) so I couldn't care less. I never said it was a BS reason to always pull someone over, I feel at midnight it's hard to tell if anyone's tint is illegal or not unless you have no tint at all and it was obvious the cop was just looking for a reason.

Like I said, the officer was looking for a reason to pull him over.. He had tint we all have come to the conclusion of that. And I've stated that MY OPINION is he had nothing going on to be looking for tint in the dark. I've had my discussion with you, move on.

Not sure what your quoting proved, you highlighted that I felt I was being harassed as well.. I was pulled over multiple times in the same town for petty stuff. The police chief threw it out, guess he felt the same way..

It's not hard to tell even at night. And that's why the first thing I do on a tint stop even before asking for the DL is check it to be sure it's in violation.

The bolded part... That's kind of our job, to look for reasons to pull people over.

 

[turbotrail93]

Maybe I wouldn't have such a sour taste in my mouth about the OPs situation if the cops in our (we are from same town) spent more time getting drugs, rapist, and murderers off the streets rather than sit outside the 4 military gates pulling over all the hard workers who keep the town running on every stupid charge they can find in their regs. It's about money in reality... Maybe you two should put in for a transfer to Warner Robins Georgia.

 

[shadowstang03gt]

Yes, you did sound stupid, and that is a matter of my opinion. I did not call you names outside of SD, which is a violation of the Forum Rules.

Next, window tint is not that hard to tell if it is too dark at night Not to mention, if it APPEARS TOO DARK, is cause to stop the vehicle and investigate the tint further. Street lights, parking lot lights, other vehicle's headlight are all things we can use to determine that. Not only that, but looking at your car's gauge cluster through your car's windows can also help us make a logical determination as to the darkness of tint. Again, I will make my point - A good LEO will use any LEGAL means he has to stop and investigate when looking for a DUI. It is your opinion whether that is silly or not, and it is my opinion that I think your opinion is even more silly.

i agree with you. you're out late at night with tinted windows. you stick out over a taurus with no tint. Everyone knows cops are after dui's. It isnt really hard to understand. Do not drink at all or sip one beer. While you may not be drunk, your skill at driving is still slower.

 

[Sonic 03 Cobra]

WTF when this this country become Nazi Germany:bs: Refusing the test does not equal guilt and will not in court. they will use the video to try to determine your state of sobriety. Your biggest problem is admitting you had any drinks...make the cops work for their money.

In PA refusing the breathalyzer is the same as pleading guilty. Standard procedurere is to arrest you and get a blood test at the nearest drawing lab. Good luck.

 

[badws6ta]

Maybe I wouldn't have such a sour taste in my mouth about the OPs situation if the cops in our (we are from same town) spent more time getting drugs, rapist, and murderers off the streets rather than sit outside the 4 military gates pulling over all the hard workers who keep the town running on every stupid charge they can find in their regs. It's about money in reality... Maybe you two should put in for a transfer to Warner Robins Georgia.

Some LEOs are specifically assigned to traffic enforcement.

Im done trying to explain it to you though, you're entitled to your opinion and it's obviously not going to change.

 

[2000ZincGT]

Haven't heard from him..... must have went to jail

 

[r103]

UPDATE!!! DUI was Acquitted! For those of you that think every cop is a perfect never wrong angel you should have been in the court room today. The officer got caught in several lies. He tried to manipulate the police report to reflect a DUI. Also admitted that he was looking for a DUI arrest. A true POS!!! Again I don't think every LEO is this way but this guy was waiting by a bar to pull people over. What he didn't know is I was just turning around. I was not drunk and it is my right to refuse any testing... This is America. Anyway I'm here at the house with my beautiful wife and daughter.

 

[4VFTW]

UPDATE!!! DUI was Acquitted! For those of you that think every cop is a perfect never wrong angel you should have been in the court room today. The officer got caught in several lies. He tried to manipulate the police report to reflect a DUI. Also admitted that he was looking for a DUI arrest. A true POS!!! Again I don't think every LEO is this way but this guy was waiting by a bar to pull people over. What he didn't know is I was just turning around. I was not drunk and it is my right to refuse any testing... This is America. Anyway I'm here at the house with my beautiful wife and daughter.

good to hear and for occasions like this...N.W.A **** DA POLICE - YouTube

 

[65fastback2+2]

awesome man!

 

[silver03svt]

Maybe I wouldn't have such a sour taste in my mouth about the OPs situation if the cops in our (we are from same town) spent more time getting drugs, rapist, and murderers off the streets rather than sit outside the 4 military gates pulling over all the hard workers who keep the town running on every stupid charge they can find in their regs. It's about money in reality... Maybe you two should put in for a transfer to Warner Robins Georgia.

Look, you can't lump all LEO's into one category just because you have issues with your local PD. In all this thread, no LEO has stated whether or not they would actually issue a summons for the tint if it was in violation. What has been said is that LEO's will use that as Probable Cause to make a stop and use the stop as a tool to look for intoxicated drivers. I don't want to say that is what you are assuming, but it appears that it what you believe. If I stop somebody for tint, headlight, taillight, or whatever at nighttime, I have the option to take 10-15 minutes to write up an exuipment infraction OR to give a verbal warning and look for the next car to stop. Please understand that when looking for intoxicated drivers, we have to use every resource that we have available. We cannot stop a car just to stop it or we would have people crying that police are Nazis. I work for the state and out of every summons I write, I get nothing out of it. The courts and local governments get the court costs, and the fines are split up between the local government, state education fund, and transportation. So therefore, I have no dog in the fight when it comes to issuing a summons or giving a warning. I get paid to march or to fight. As far as getting drugs, murderers, and rapists off the streets, I agree. BUT departments have their own detectives and specialized units that do those things. Occassionally, a street unit may be called in to help, or may run across one of said criminals just by making a traffic stop based upon the Probably Cause I mentioned earlier in this post. AND I will add one more final thought.....that PD wouldn't have reason to sit outside of the "4 military gates pulling over all the hard workers who keep the town running on every stupid charge they can find in their regs" if the hard working workers could make sure their vehicles were legal and it good working condition. Talk about the ultimate cooter punch to the police! "Hey everybody, let's **** the cops over by making sure all of our cars are legal and up to date on our tags, inspections, tint, etc....and roll past the cops while they scratch their heads". Man, that is a novel idea, isn't it?

 

[silver03svt]

UPDATE!!! DUI was Acquitted! For those of you that think every cop is a perfect never wrong angel you should have been in the court room today. The officer got caught in several lies. He tried to manipulate the police report to reflect a DUI. Also admitted that he was looking for a DUI arrest. A true POS!!! Again I don't think every LEO is this way but this guy was waiting by a bar to pull people over. What he didn't know is I was just turning around. I was not drunk and it is my right to refuse any testing... This is America. Anyway I'm here at the house with my beautiful wife and daughter.

Glad it worked out for you OP. Now, PLEASE, don't drink and drive again. I know you said you weren't drunk and only had 3 beers, but just reflect what you went through to get to this point. It really isn't worth going through again, is it?

 

[r103]

No not at all. I wish y'all could have been there. He straight up said he would have arrested me with just the smell of alcohol. I had 3 beers from 7:00 to 10:00 I then hung out at the party while my wife continued to drink. I left the party at 12:00 two hours after I stopped drinking(give or take :30) I would have won this case even if he didnt get caught in multible lies. I do wish we had better law inforcment in this town. turbo trail is right a lot of the LEO'S in this town are pretty bad. This guy is one of them. I have 3 friends that work with him they all said they could not say much but all agreed that I should take it to trial after I told them the arresting officer. I wish that when POS like him got caught manipulating facts and what not got reprimanded. It would help good Leo's do there job better. The more times cases like mine happen the less a legit case can be notable.

 

[black4vcobra]

UPDATE!!! DUI was Acquitted! For those of you that think every cop is a perfect never wrong angel you should have been in the court room today. The officer got caught in several lies. He tried to manipulate the police report to reflect a DUI. Also admitted that he was looking for a DUI arrest. A true POS!!! Again I don't think every LEO is this way but this guy was waiting by a bar to pull people over. What he didn't know is I was just turning around. I was not drunk and it is my right to refuse any testing... This is America. Anyway I'm here at the house with my beautiful wife and daughter.

Congrats! There is one part I'm having trouble understanding though, this must have been the first time in history a police officer lied to try to get a conviction.

 

[JDMtube]

Great Thread, this was your get out of jail free card. Don't cut it so close ever again. BTW, I am aware that we were only fed one side of the story, so I'm not necessarily sold on the truth. (not calling you a liar, just saying, I will never know. This might even be a hoax, look at Manti Teo.)