Don't blame the cop for you drinking and driving. People hate taking responsibility and its annoying as hell.
DUI going to trial
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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.
So you dont ever go out and have a beer or two then drive home? Damn, I'd hate to be your friend. You'd call me every week telling me how you have 2 beers and cant drive home. :bored:
Some people can handle more beer than others, I am fat so 3 beers for me isnt anything and from the sounds of it the OP wasnt too affected by the 3 beers either.
That being said I probably would have done the breathalyzer if I really did only have 3 beers.
Good luck OP, hope it all works out.
Then why offer up that statement if you have no legal background?
Obviously an LEO who make be looking to take a drunk driver off the road and MAYBE prevent a family somewhere from losing a loved-one in an alcohol related crash.
I know this isn't SmackDown, but I hope you re-read your post and see how stupid you sounded.
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So one officer making a traffic stop based upon the probably cause for window tint is silly, but a handfull of officers standing on the roadside counting cars waiting while the drunks are turning off on the side roads isn't silly? :bash: Okay.
And I am not trying to make something out of nothing. What I am trying to make you see is that an LEO must use whatever probable cause he has to make traffic stops in order to find the drunk drivers, whether it is something as petty as an equipment violation or not. If the tint is illegal, then it's PC to stop. I have taken many drunk drivers off of the road based on tint, taillight out, headlight out, expired tags, etc...... You seriously need to get a clue man. Oh, and thanks for the name calling outside of SmackDown. :rockon:
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.
01cobravortech
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1. I know window tint looks great on some cars...but why you want to increase your chances of getting pulled over is beyond me.
2. That lawyer better be good because a breathalyzer refusal is AWFULLY tough to beat. And he better have some experience on proving a case without a properly calibrated one.
3. Next time you have an obnoxious drunk in the car, and yes even if it is the love of your life, tell them to hold some semblance of composure and dignity in the car, before the PO approaches.
Drunk in the car showing every indication they are banged up is always a guaranteed to have said driver closely scrutinized. It never fails.
And seriously get the tint off the car if you plan on driving with a few drinks in you. You are sticking out like a sore thumb chief.
2. That lawyer better be good because a breathalyzer refusal is AWFULLY tough to beat. And he better have some experience on proving a case without a properly calibrated one.
3. Next time you have an obnoxious drunk in the car, and yes even if it is the love of your life, tell them to hold some semblance of composure and dignity in the car, before the PO approaches.
Drunk in the car showing every indication they are banged up is always a guaranteed to have said driver closely scrutinized. It never fails.
And seriously get the tint off the car if you plan on driving with a few drinks in you. You are sticking out like a sore thumb chief.
Keep one thought in mind - Do not convict yourself, do not get in Court and then make the DA's case by admitting to anything.
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.
You win, I have to go to sleep. Make sure I make it to base to help ensure your freedom to serve and protect.
We'll have to agree to disagree on the situation.
I'll agree to that. Thanks for your service to OUR country, and when you are asleep or deployed, I will keep your family safe by taking drunk drivers off the road using the ways I know how to do, no matter how silly they may seem to others.
Drive back to your base and do the job many of us LEO's have also done in the past.
you dont have to be your version of drunk before its illegal. thats why the law is worded "under the influence" and not driving while drunk. 3 drinks definately qualifies you to be under the influence, but not drunk.
having an attorney will definately improve your outcome and hopefully you will be able to keep your job. DUI is a criminal offense and most good government jobs have a strict policy of that.
having an attorney will definately improve your outcome and hopefully you will be able to keep your job. DUI is a criminal offense and most good government jobs have a strict policy of that.
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If I were you I'd hire the best lawyer you can afford. A great lawyer will make all the difference in the world in a case like this. You absolutely do NOT want a DUI on your record. Whatever your insurance is, quadruple it for the next 3 years, not to mention losing your license for a minimum of a year and the job implications.
I speak from experience with mistakes made when I was younger.
I speak from experience with mistakes made when I was younger.
I still haven't seen a clear answer to these questions.
Did they take your blood at the station or hospital?
How did your car get to the station if your wife was drunk as you indicated above?
What kind of drinks did you have?
How many hours passed from the first drink to the last?
What is your height and weight?
Did they take your blood at the station or hospital?
How did your car get to the station if your wife was drunk as you indicated above?
What kind of drinks did you have?
How many hours passed from the first drink to the last?
What is your height and weight?
Good luck, going to trial is a crap shoot. If they find you guilty, you get no options to plea it down or take a lesser charge.
Refusing a BAC is the worst possible thing to do in that situation. You can refuse the PBT roadside without recourse, but the offical test at the jail is what will get you in trouble. If you dont trust a breath test, I believe you can request a blood test, but you'll get a bill from the jail that they get from the hospital, with their fee attached.
The best thing to do, to avoid any hassle, is just catch a ride or take a cab if you even think you're questionable. A ride or a cab is a hell of a lot cheaper than DUI...
I too found this out the hard way.
Refusing a BAC is the worst possible thing to do in that situation. You can refuse the PBT roadside without recourse, but the offical test at the jail is what will get you in trouble. If you dont trust a breath test, I believe you can request a blood test, but you'll get a bill from the jail that they get from the hospital, with their fee attached.
The best thing to do, to avoid any hassle, is just catch a ride or take a cab if you even think you're questionable. A ride or a cab is a hell of a lot cheaper than DUI...
I too found this out the hard way.
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A friend dropped my car off. I refused after he had already arrested me for DUI. I drank 3 12oz Michalob Ultra(the wifes beer) in tge course of 3-4 hours. There are so many details in the case. The bottom line is I didn't fully understand the Implied Consent law. If I knew what I know now I would have asked for blood work. Had I done that I would not even be worried because I was NOT under the influence. My court date is tomorrow morning I will let y'all know what happens.
If you don't consent to a breathalyzer in Montana, you are automatically arrested and lose your license.
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