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God dammit. They towed my car and gave me a DUI

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In a DUI case, you are definitely guilty until proven innocent. BTW, nobody is innocent in a DUI case. If you blow within the proper numerical range, you are a done deal.
 
Originally posted by: compuwiz1
In a DUI case, you are definitely guilty until proven innocent. BTW, nobody is innocent in a DUI case. If you blow within the proper numerical range, you are a done deal.

What if you accidentally swallowed mouthwash after taking some kind of cold medicine with alcohol in it and some how, some way blow .08?

I know its a really a theoretical question, as I doubt that you can get a .08 from cold medicine/mouth wash, but its an interesting though. 😛
 
Originally posted by: alexjohnson16
Originally posted by: compuwiz1
In a DUI case, you are definitely guilty until proven innocent. BTW, nobody is innocent in a DUI case. If you blow within the proper numerical range, you are a done deal.

What if you accidentally swallowed mouthwash after taking some kind of cold medicine with alcohol in it and some how, some way blow .08?

I know its a really a theoretical question, as I doubt that you can get a .08 from cold medicine/mouth wash, but its an interesting though. 😛


Tell that to a judge and I guarantee you'll take the usual $3000-$5000 loss, many hours of school, loss of license...the usual fare for anyone assumed guilty of DUI.
 
Originally posted by: Playmaker
Originally posted by: yukichigai
Originally posted by: Playmaker
Go to court, argue that assuming 0.08 = drunk is presuming guilt (unconstitutional), and motion for a summary judgment of not guilty based on insufficient evidence.
Ah, but you see the Supreme Court has already ruled that the Constitution doesn't apply to drunk drivers when it comes to the burden of proof. Don't have the link handy, but it's true. Kinda scary when you think about that.

Is that decision recent? I know a judge in Virginia was throwing out cases a matter of months ago based on the fact that the DUI laws placed the burden of proof on the defense, not the prosectution, which is unconstitutional.

If the Supreme Court did make that ruling, that isn't all that's scary. What is scary is the level of power the American judiciary has assumed in the past few decades. In fact it's terrifying. WTF are checks and balances?

You think the Supreme Court has to much power? I think they have to little power.

 
Originally posted by: aircooled
Originally posted by: Mickey Eye
Well... from your post title, I submit that it may be because you are drunk.

I had 2 beers
Shens!!!!! Unless I could blow you over with one big puff, there is no way you would be drunk on 2 beers. Did you take a breathalyzer test, or were you stupid, and refuse?

 
Originally posted by: Muadib
Originally posted by: aircooled
Originally posted by: Mickey Eye
Well... from your post title, I submit that it may be because you are drunk.

I had 2 beers
Shens!!!!! Unless I could blow you over with one big puff, there is no way you would be drunk on 2 beers. Did you take a breathalyzer test, or were you stupid, and refuse?

You can blow a hell of a lot more then a .08 on a hell of a lot less then 2 beers. And the cop wont give 2 whits how much you tell him you've had to drink. He's gonna look at that number and haul your ass to jail.
 
Originally posted by: Specop 007
Originally posted by: Muadib
Originally posted by: aircooled
Originally posted by: Mickey Eye
Well... from your post title, I submit that it may be because you are drunk.

I had 2 beers
Shens!!!!! Unless I could blow you over with one big puff, there is no way you would be drunk on 2 beers. Did you take a breathalyzer test, or were you stupid, and refuse?

You can blow a hell of a lot more then a .08 on a hell of a lot less then 2 beers. And the cop wont give 2 whits how much you tell him you've had to drink. He's gonna look at that number and haul your ass to jail.

Show us how you can blow a hell of a lot more than .08 on a hell of a lot less than 2 beers, please! Are you talking about rigged equipment on the part of the cops?

 
Originally posted by: compuwiz1

Show us how you can blow a hell of a lot more than .08 on a hell of a lot less than 2 beers, please! Are you talking about rigged equipment on the part of the cops?

Now just how in the hell am I supposed to show you?

Now, i cannot verify the settings of the equipment, but i sat in the car and saw what i blew, and I knew how much I had drank.

Take my word for it, you can blow WAY over .08 on less then 2 beers.
 
Originally posted by: KrillBee
Originally posted by: Schfifty Five
LOL, undeserved? You admitted it yourself that you were going 80 in a 55...dumbass.

78 in a 55 (I rounded up when i told him i thought i was doing 80)

anyways, nothing wrong with going 80 in a 55, under proper conditions.
and why the personal attack all of a sudden by calling me a dumbass?, that was unnecessary.

Please tell that to the judge that hears your case. PLEASE, PLEASE TELL HIM.
 
Originally posted by: Injury
Originally posted by: KrillBee
Originally posted by: Schfifty Five
LOL, undeserved? You admitted it yourself that you were going 80 in a 55...dumbass.

78 in a 55 (I rounded up when i told him i thought i was doing 80)

anyways, nothing wrong with going 80 in a 55, under proper conditions.
and why the personal attack all of a sudden by calling me a dumbass?, that was unnecessary.

Please tell that to the judge that hears your case. PLEASE, PLEASE TELL HIM.

You realize that there IS nothing wrong with doing 80 in a 55 under the proper conditions right? Thats already a proven point, speed limit laws in some areas exist solely as revenue generating tools.
 
Originally posted by: Specop 007
Originally posted by: compuwiz1

Show us how you can blow a hell of a lot more than .08 on a hell of a lot less than 2 beers, please! Are you talking about rigged equipment on the part of the cops?

Now just how in the hell am I supposed to show you?

Now, i cannot verify the settings of the equipment, but i sat in the car and saw what i blew, and I knew how much I had drank.

Take my word for it, you can blow WAY over .08 on less then 2 beers.

Barring crooked equipment or cops, I don't believe you.

 
Originally posted by: compuwiz1
Originally posted by: Specop 007
Originally posted by: compuwiz1

Show us how you can blow a hell of a lot more than .08 on a hell of a lot less than 2 beers, please! Are you talking about rigged equipment on the part of the cops?

Now just how in the hell am I supposed to show you?

Now, i cannot verify the settings of the equipment, but i sat in the car and saw what i blew, and I knew how much I had drank.

Take my word for it, you can blow WAY over .08 on less then 2 beers.

Barring crooked equipment or cops, I don't believe you.

And why dont you believe me? Have YOU ever played around with a breathalyzer? Hell man, have you ever even had to blow in one?

Thats not to say the reading was right. I dont know. All I know is what the little meter said, and what I had to drink. i was actually chocked at what I blew, and the cop was amazed I was as well compsed as I was. He figured I should be about passed out, and I passed the sobriety test, talked perfectly clearly, had no problems. It was just that meter that screwed me.
 
Originally posted by: Specop 007
Originally posted by: compuwiz1
Originally posted by: Specop 007
Originally posted by: compuwiz1

Show us how you can blow a hell of a lot more than .08 on a hell of a lot less than 2 beers, please! Are you talking about rigged equipment on the part of the cops?

Now just how in the hell am I supposed to show you?

Now, i cannot verify the settings of the equipment, but i sat in the car and saw what i blew, and I knew how much I had drank.


Take my word for it, you can blow WAY over .08 on less then 2 beers.

Barring crooked equipment or cops, I don't believe you.

And why dont you believe me? Have YOU ever played around with a breathalyzer? Hell man, have you ever even had to blow in one?

Thats not to say the reading was right. I dont know. All I know is what the little meter said, and what I had to drink. i was actually chocked at what I blew, and the cop was amazed I was as well compsed as I was. He figured I should be about passed out, and I passed the sobriety test, talked perfectly clearly, had no problems. It was just that meter that screwed me.

Well, it might have been faulty equipment. I hope it was.

 
Originally posted by: compuwiz1

Well, it might have been faulty equipment. I hope it was.

Ultimately it doesnt matter. i walked so...

Long story short, I was 17 out partying. I was last guy to show up, so my car was positioned first to leave (Small driveway getting it).
Guy gave me a beer, I was about half done with it when everyone decide to go. Fair nuff. I got in my car, drank almost the rest of the beer, threw the can out the window and pulled forward. I went about 5 feet before a car came around the corner in front of me. It was the cop. Yay.

So, there was literally less then 5 minutes before I tok a nice big swallow of beer and blew in that meter.
Net result? .29. Oh yeah.
 
If you lived where I did, you'd be banned from driving from between 6 and 18 months, and then you'd need to re-apply for your license and take lessons + test again (you need a minimum of 5 hours of lessons before you can take the test).

You're lucky all you have to do is pay some cash.

Also, did you get the proper test done at the police station? surely they can't use a portable, not 100% flawless device as evidence against you?
 
Originally posted by: loic2003
If you lived where I did, you'd be banned from driving from between 6 and 18 months, and then you'd need to re-apply for your license and take lessons + test again (you need a minimum of 5 hours of lessons before you can take the test).

You're lucky all you have to do is pay some cash.

Also, did you get the proper test done at the police station? surely they can't use a portable, not 100% flawless device as evidence against you?

Some states allow the portable yet few uniouns do 😉

The portables are a crap shoot at best. They also require constant calibration and that calibration hardly ever checks the linearity of the device. I worked on those little portables for about two years and I would never blow into them. I would ask that they take me to the station and do the full blown deal. And that one is pretty foolproof. you are required to summit to a BAC test whenever you are asked. I would not submit to the little handheld deal.
 
Sorry man, it's strange nowdays, back in the day driving after drinking was nearly an olympic sport...

I remember driving many a time with one eye closed so I wouldn't see double.

Now 1 drink is my limit.
 
Originally posted by: J Heartless Slick
Originally posted by: aircooled
Dammitt!

OP,

Get a lawyer as soon as possible!

What for? Spend a couple grand, but you're gonna get convicted anyway. Numbers don't lie, as far as the court is concerned.
Go to court, take your punishment, pay your fine.
See...3 easy steps. 😉
1. Go to court
2. Take your punishment
3. pay your fine

 
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