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Old 01-05-2014, 12:31 PM
 
Location: UP of Michigan
1,767 posts, read 2,398,320 times
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Quote:
Originally Posted by MJ7 View Post
I have a friend that basically was scared ****less of ever drinking and driving again. He said he was pretty buzzed up and driving home, he could not operate the vehicle properly on the drive home, he decided to pull into some residential neighborhood and try to figure out what was wrong with the car, so he pulled into someones driveway to back out, he could not get the car all the way onto the street. The cops were called by a neighbor, the cops show up, my friend is super nice and compliant, tells the officers he can not start the vehicle and he thinks it was malfunctioning. The office has him do a field test (following the light), he passed that with flying colors and told the officer he had 3 drinks at a near by friends place. The officer backs the car onto the side of the road, parks his car and then drives him to the station. Once at the station he waited and the front office lady called him a taxi, the taxi drove him home. The next morning he could barely remember any of it. He had someone help him find the car. In the morning he still had his keys, his license, and everything else. He called the police station looking for the car, the officer did NOT report anything to anyone. So, to save the officers ass, my friend just up and walked around neighborhoods until he found the car. No ticket (even though he did deserve one) and he was driving the next day. Now I do congratulate him because this event change his life, not only did he stop drinking and driving, but it helped his emotional problems (why he drank in the first place).
This used to be more of the norm. Now local agencies have found a dependable revenue source. Those that think this is about safety are naive. Follow the money. The more dangerous activity is texting and diving. Locally, (just a colloquial story) the local fraternal service organization closed. Twenty years ago it was the hub of daily activity and comeraderi, not to mention a place of moral suasion for those who may have gotten a little "off base". But at the cocktail hour many were over the new and ever stricter leagle limit. Now the "good" and prudent citizens are too concerned with being picked up to come and casually socialize where they could be a shining example to many who need one. This is an little known or discussed consequence of these laws which are not even supported by the founder of MADD. Yes, be afraid! If you have a DUI you will pay big money,and it can ruin your life and others.
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Old 01-05-2014, 12:40 PM
 
Location: Central Jersey - Florida
3,377 posts, read 14,624,724 times
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Quote:
Originally Posted by MJ7 View Post
Is a field sobriety test enough to convict someone of DUI or DWI? I thought the laws were written mostly around a BAC or at least a Breathalyzer?
Short answer yes.
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Old 01-05-2014, 12:45 PM
MJ7 MJ7 started this thread
 
6,221 posts, read 10,731,303 times
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Quote:
Originally Posted by exhdo1 View Post
Short answer yes.
I can easily see where it would be, a dash cam showing the motorist to be failing very badly or falling all over the road. But, in areas where it may be grey I'm sure an officer would just administer the breathalyzer or take them in for the BAC test?
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Old 01-06-2014, 09:11 AM
 
Location: Long Neck,De
4,792 posts, read 8,186,434 times
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Certainly a lot depends on where you live. Also if you can afford a good lawyer. Expect to lose your license. When you get your license back and have to deal with the insurance company will be quite expensive. A coworker of mine received a mandatory 30 day sentence for multiple offense. He only had to serve 10 days of it.That was in a very real state prison.
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Old 01-06-2014, 09:50 AM
 
17,572 posts, read 15,237,377 times
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Quote:
Originally Posted by MJ7 View Post
I can easily see where it would be, a dash cam showing the motorist to be failing very badly or falling all over the road. But, in areas where it may be grey I'm sure an officer would just administer the breathalyzer or take them in for the BAC test?
You don't even have to be over the legal limit for a DUI in some places.

Single Glass of Wine Immerses D.C. Driver in Legal Battle
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Old 01-06-2014, 10:18 AM
 
Location: Annandale, VA
5,094 posts, read 5,172,539 times
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Quote:
Originally Posted by exhdo1 View Post
How about drinking responsibly instead. Why shouldn't I be able to have a glass of wine when out to diner just because some can't control themselves.
Also, some can get drunk and drive home safely without incident, but still get charged if they get stopped by a DUI checkpoint or for some other unrelated infraction (speeding).
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Old 01-06-2014, 10:31 AM
 
961 posts, read 2,025,716 times
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Quote:
Originally Posted by MJ7 View Post
Hopefully mothers won't need to start a MADD for texting. Illinois just made texting while driving illegal, many states will probably follow. I personally don't do it.
You know what's (not) funny? The number of selfies or photos on facebook by people inside cars that are obviously driving.
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Old 01-06-2014, 10:44 AM
MJ7 MJ7 started this thread
 
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Quote:
Originally Posted by Labonte18 View Post
You don't even have to be over the legal limit for a DUI in some places.

Single Glass of Wine Immerses D.C. Driver in Legal Battle
Wow, that is insane. Good to know though, the way I see it these days, if you go out drinking take a taxi...no and or buts about it.

He did submit her to a breath test though, which was my general question from before. I was just asking if the officer could arrest you on a field test without giving you a breath test or blood test later on...it seems like it'd be hard to hold up in court if he arrested someone on just a field test with no scientific data to back that up.

Last edited by MJ7; 01-06-2014 at 10:53 AM..
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Old 01-06-2014, 11:03 AM
 
Location: Henderson, NV
5,314 posts, read 7,782,804 times
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I was arrested for DUI about 4 years ago in Massachusetts.

I managed a car dealership and had put my license plate in the back window instead of screwing it in. Police pulled me over for that, and smelled alcohol.

Took the field sobriety tests and passed, but according to my lawyer, FSTs are basically to cover the ass of the officer, and if they administer them, you are most likely going to the station for a breathalyzer. I was arrested, cuffed, brought to the station where I failed the breathalyzer. My wife picked me up from jail the next morning ($40 bail). Went to court the next day for arraignment. I had a friend who is an attorney and he charged me $1000. Ramifications?

1. Lost my $150K/year job at the dealership.
2. 1st offense, so it was "continued without a finding" which basically means there was enough evidence to convict, but if I stayed out of trouble for a year, it would not show up as a conviction.
3. Paid approx. $300 in court costs
4. License suspended for 45 days
5. 16 weeks of alcohol class (judge waived the $700 fee)
6. Probation for 1 year ($50/month fine)
7. Had to buy a car, as I had no job that had provided a company car

Total cost? About $100K, including the lost job. And yes, I learned my lesson after that. Unfortunately I hadn't learned it sooner.
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Old 01-06-2014, 11:07 AM
MJ7 MJ7 started this thread
 
6,221 posts, read 10,731,303 times
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Quote:
Originally Posted by Raiderman View Post
I was arrested for DUI about 4 years ago in Massachusetts.

I managed a car dealership and had put my license plate in the back window instead of screwing it in. Police pulled me over for that, and smelled alcohol.

Took the field sobriety tests and passed, but according to my lawyer, FSTs are basically to cover the ass of the officer, and if they administer them, you are most likely going to the station for a breathalyzer. I was arrested, cuffed, brought to the station where I failed the breathalyzer. My wife picked me up from jail the next morning ($40 bail). Went to court the next day for arraignment. I had a friend who is an attorney and he charged me $1000. Ramifications?

1. Lost my $150K/year job at the dealership.
2. 1st offense, so it was "continued without a finding" which basically means there was enough evidence to convict, but if I stayed out of trouble for a year, it would not show up as a conviction.
3. Paid approx. $300 in court costs
4. License suspended for 45 days
5. 16 weeks of alcohol class (judge waived the $700 fee)
6. Probation for 1 year ($50/month fine)
7. Had to buy a car, as I had no job that had provided a company car

Total cost? About $100K, including the lost job. And yes, I learned my lesson after that. Unfortunately I hadn't learned it sooner.
WOW, was it company policy to not have DUIs or was there more at play? Did you recover and find a new job that was comparable?

There are countless people that never learn...
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