Impounded Type S, Almost went to jail... 1 lost prelude

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Old 04-21-2001, 12:29 PM
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Impounded Type S, Almost went to jail... 1 lost prelude

Well, usually I stay home on the weekends and drink or party w/ my friends but yesturday we all decided to go out and get some drinks. (BAD IDEA #1)
I drink about 8 beers and some korean hard liqour SoJu.
We then decided to either go to dennys and eat or go play dreamcast at my house.
We decided to go to dennys. ( BAD IDEA #2)

While driving down 236 a two lane road infested w/ cops I saw this prelude coming up real fast in my rear view mirror . Exhaust, intake, GTR wing, rims ... He gets next to me and want to race. (BAD IDEA #3)
I drop it to ss and blow his doors away complety for 2 miles excess of 100 but slowed down once 3rd gear cut off.

I then let him pass me. while we enter fairfax city (lowest crime rate in us )

I see blue LIghts

I slowed down and pulled over and got my licence and registration. but the guy in the prelude ran. (Dumb ass)

The cop tells me to get out and gives me a sobrity test. in the parkinglot but it was on a hill.
Holding legg up counting
1 1000, 2 1000, 3 1000... all the way up to 30. This is even hard when your sober btw. the then asked me to walk in a stargiht line (on the hill)
then the following the pen.
He then asked me to take a breathalazyer .
.85

HOLLY SHIT im F@#$ed.

Get this He doesn't read me my rights, cough's me and puts me in his car.

Mean while they were doing a sobrity test on my friend, (passgener)
they asked him to lift his foot and count and as soon as he moved at about 5 count they , turned him around and coughed him too. (no rights read)

The other officers pop my trunk and search my entire car, (w/out asking).

Then he said my car will be impounded and I will be charged w/ DWI , and my friend will be charged w/ drunk in public.

I then hear that they caught the prelude that ran. he then said that the prelude driver said, I threw bottles out my door and was picking a fight w/ him at the bar he was drinking at.

My side of the story was that he cut me off.

WTF!! I've never seen this guy. and no bottles either.

At the police station. They take my word over the prelude driver. I think it did help that I was dressed up nicely and the prelude driver looked like a 'gangsta' wannabe.

I then ask to go take a piss so I could get more alchol out, Went 2x.

Then to the alcohol testing place. they told me to sit for 20 min and not burp since this might actually hurt the test.

Of course I started burping quitey to get alchol out and started breathing w/ my mouth and kept yawning.

I take the test. blew once and waited 2 min.
I blew again.... Waiting for results in that 5 second I was litterally shitting in my pants.

.05 wheewww. .08 is considered dwi. and .02 is legal limit.

We then go to the majesty and to get our faith.

He says since I didn't have any other drug and was only caught at .05 the cop had no right keep me in jail and could only give me a summon.

Mean while they tell my friend they will keep him for 4 hours until he sobers up and give him a fine.

Since I was being a total mr.nice guy to the cop he kinda put in a good word and helped us out.

they dropped charges for my friend and gave me DUI under 21.

We then get free and the cop dropped us off at the nearest 7-11.

There we saw the cop who caught the prelude driver,

"hey how'd they let you go when the Prelude driver has to stay in jail for 3 days?"

*sucker*

I was like I really don't know and don't care, we then had a friend come pick us up and get dropped off at my buddies house.

His step father is a retired FBI agent and was a GS15 so he was going to help us out if we got stuck in jail. Ususally he drives and when ever we get pulled over the cops let us go since my buddy has a FBI sticker on his car.

Anyways, around 5:00 we get home and all I can think of is my car getting impounded.
we take a power nap and at 8:00 we go get my car.

Fooken 118 for impound . geez total rip off. and they only accept cash.


I tried calling my lawyer but its a saturday.
well 1 thing I did want to ask is what happens when a cop doesn't read you your maranda rights? I've seen some episodes of "the practice" but how's this in real life?

Please no flamming guys. I know I was stupid and I should of never drank and drove. the reason why i'm posting this here is because I feel like you all are 2nd family.

I didn't even tell my parents yet.... Any suggestions?


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Old 04-21-2001, 12:51 PM
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Ok no flame....tell your parents.

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Old 04-21-2001, 12:52 PM
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Damn bro. that shit sucks ass.

Dunno though... if your drinking and driving... at least dont speed. Your askin for trouble right there.

As for the reading you your rights thing...

It is a total movie myth that police have to read you your rights before arresting you. It simply is not the case.

Ive been involved in multiple occasions where police never read me my rights... never allowed me access to a telephone... or a lawyer.

The world isnt as easy as TV makes it out to be.

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Old 04-21-2001, 12:53 PM
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HEre's my disclaimer...I'm not a lawyer!

They didn't read you your rights so the case should be thrown out if they admit to it.

I won't give you the 'dad' speech cuz I hope you learned your lesson.

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Old 04-21-2001, 01:09 PM
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<font face="Verdana, Arial" size="2">Originally posted by Mike:
HEre's my disclaimer...I'm not a lawyer!

They didn't read you your rights so the case should be thrown out if they admit to it.

I won't give you the 'dad' speech cuz I hope you learned your lesson.
</font>
We'll I'm no lawyer either but it is my understanding that if the police does not read you your rights (and they should have), then the information they gather as a result could be thrown out. If that leaves them with not enough evidence, then the case is in jeopardy.

Everybody arrested is read their rights ultimately. It's the timing that's important. Cops should read you your rights as soon as they believe you are a suspect.

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Old 04-21-2001, 01:42 PM
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Old 04-21-2001, 01:44 PM
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Old 04-21-2001, 02:55 PM
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Ok, I just talked to my lawyer. He said, its really hard to just say "oh they didnt read me rights so I am a free man", it's not like that. Yes, according to the law, they have to read you the rights, BUT, there's no hard evidents to proof that they didnt read that to you. #1, Office will never admit their wrong doing, #2, you were drunk, you think the judge will trust his words or yours? They could just say they did read u your rights, but you were too drunk to remember, bla bla bla. #3, Judge and Cops are on the same boat, forget fighting because of that. Hope this help!

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Old 04-21-2001, 03:09 PM
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Miranda relates only to the admissibility of statements made while you're are in custody. They don't ever have to read you your rights if they don't want to. But, your statements,while in custody, will not be admissable. Also, the search may be questionable but cars are treated more liberally by the courts since cars are mobile. Your best and only bet is the machine was defective or not calibrated--some states require the cops to advise about blood tests. But the best that can be said for you is that you didn't kill someone. Sounds like you blew pretty low for 8 beers and boooze.
Old 04-21-2001, 03:39 PM
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Damn.....
I feel for you nova. I hope everything goes well with case, and they dont take your license for that long...
Old 04-21-2001, 04:08 PM
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I am a lawyer and this is old to me but here goes: Technically, you were placed into "custody" at the scene of the roadside sobriety test and never arrested so therefore, you did not need to be "Mirandized." While in "custody" the police are allowed to search the "grabbable area" to see if there are weapons you can access. You were not charged with DWI and placed under arrest so no Miranda. Your "rights" as a licensed driver in your state are preempted to a degree, by the vehicle and traffic laws there giving the police the explicit right, in most cases, to have you take a breathylyzer test (or even blood in most states. The failure to take "blow" results in automatic revocation of your license for a period certain. Lastly, guys (and girls) do yourself a major favor and don't get your legal advice from TV, it NEVER accurately portrays the real deal.

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Old 04-21-2001, 04:39 PM
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Dude, I am totally sorry. It sucks to get caught. I have some stories for you man, we'll catch up when I come to VA next month. Anyway, I know 100s of lawyers in VA, I won't give you any legal advice now except to say, get a lawyer and fight this. It's your first offense, they didn't ask your permission to search the car, you have lots working for you.

As a word of advice to anyone: NEVER EVER TAKE ANY TEST. NONE. Don't fucking breathe into a machine, don't walk a line, don't do shit. The worst that will happen to you is you lose your license for 6 months. If you breathe into a breathalyzer you are DWI and that is so bad you can't imagine.

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Old 04-21-2001, 04:48 PM
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<font face="Verdana, Arial" size="2">Originally posted by Technique:
Dude, I am totally sorry. It sucks to get caught. I have some stories for you man, we'll catch up when I come to VA next month. Anyway, I know 100s of lawyers in VA, I won't give you any legal advice now except to say, get a lawyer and fight this. It's your first offense, they didn't ask your permission to search the car, you have lots working for you.

As a word of advice to anyone: NEVER EVER TAKE ANY TEST. NONE. Don't fucking breathe into a machine, don't walk a line, don't do shit. The worst that will happen to you is you lose your license for 6 months. If you breathe into a breathalyzer you are DWI and that is so bad you can't imagine.
</font>
Whatever.


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Old 04-21-2001, 05:08 PM
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<font face="Verdana, Arial" size="2">Originally posted by soopa:
Ive been involved in multiple occasions where police never read me my rights... never allowed me access to a telephone... or a lawyer.</font>



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Old 04-21-2001, 05:12 PM
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Bullfeathers...
here in PA if you refuse to take the test you automatically get your license suspended.

If you can't do the time, don't do the crime. I feel more sorry for your car.

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Old 04-21-2001, 05:31 PM
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By refusing to the test, not only will you get your license automatically suspended (for a year in many states), you still can be convicted of the DWI based on other evidence (officer noted strong smell of alcohol, bloodshot eyes, slurred words, etc).

That really sucks NOVA... Get a good lawyer and good luck with things!
Old 04-21-2001, 05:59 PM
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Thanks everyone for your support. I just woke up and realized What the hell happened last night and that It was one of the most stupidist things I've done w/ my car.

Well reading the "maranda" thing, guess the balls in their court. And he didn't read the rights to both me and my friend. but Oh well.

Tech- I was going to refuse but, I didn't want to be a dick to the cop since my fate was up to him. Even tho he did pull me over.
Like I said the guy in the prelude ended up spending 3days in the slammer. Which I DO NOT want to do. Went to the county jail for a field trip in high skool and almost threw up cause of the nasty urine and puke smell.

Also if I didn't take the test he was going to take my licence and impound my car for 30days. thats 118 first day followed by 38 dollars everyday. And you don't know what the hell goes on while your car is impounded. Hell my sunroof was still open when I went to go pick it up.


Yeah I'm deff. getting a lawyer monday and gonna try to get this resolved somehow.

I really appreciate everyones help.

Thank you all.


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Old 04-21-2001, 06:07 PM
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Last time I was in court for a ticket. I saw guys, charged with DWI pleaing guilty with no find of guilt with a $500 fines and 90 day revokation of license. A harsh lesson for first time offense. They had a lawyer too. I do not know what happens to you car insurance and how you would go to your work if you have a 20 miles commute!

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Old 04-21-2001, 06:16 PM
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<font face="Verdana, Arial" size="2">Originally posted by Nashua_Night_Hawk:
Last time I was in court for a ticket. I saw guys, charged with DWI pleaing guilty with no find of guilt with a $500 fines and 90 day revokation of license. A harsh lesson for first time offense. They had a lawyer too. I do not know what happens to you car insurance and how you would go to your work if you have a 20 miles commute!

</font>
wow, impressed you actually rememberd my distance to my communte. SEE this is what I mean, you all feel like 2nd family. as for my insurance they already practicaly rape me for insurance. this is the 3rd ticket w/ this car.

If I do get my licencse suspended or revoked i think i'll ask if I can still commute to work, if not I'll still just drive just from work to home. no where else. in a shitty car that won't go past the speed limit.



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Old 04-21-2001, 06:47 PM
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yeh i had something like that happen to me once. i was at a bar with my friends and it was 4 beers for a buvk nite. we got there real early, like 8ish and had lots of it. i mean they were cups so its not like it was really alot. well, after drivnkin for a couple of hours, i stopped cause i had to drive later. i say it was about 2 hours since i had taken my last sip.
well, we get into my car, at say about 2 or 3am, and start to drive home. i was stopped at a light, and oh, i was dfrivn my 89 maxima that was pimped out, with black 20% tints and yelow fogs, and black bra on the front, and i started to sped up to about 50, where then i see the sign for the speed is 25 so i slow down, cause that was the 1st sign that had speed on it. well, at the next stop sign, i again started drvin where i realized behind me was a cop and he had his lights on, and he pulled me over.
well, cop came to window and asked me if i knew why he pulled me over. i said, no clue. he said i was watchin u speed up, but then i saw u slow down at the speed sign, but i pulled u over casue the car looked suspicous.
he asked me if i was drinkin and i said not in 3 hours and he said get out of the car. did they same thing as NOVa (follow pen, walk line, and stand on 1 leg) but i got a warning, he told me that cause my dad was a cop, he thought cause i had a stcker on my car, he let me go, sort off.
i had to leave my car in a parkin lot and come back in the morning, but if i came back and got the car earlier then 6am, hed tell my dad what i had done and id be up shit creek, my punishmen t was that i had to leave my car in a bad neighboor hood for some 4 hours and dribve alll the way back and get it in the morning. at least i didnt get a DWI, casue i really could have if the cop wasnt that nice.
i was pissed cause i really wasnt doin anything bad, just drivin, and got pulled over for have a suspicous car.
wg



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Old 04-21-2001, 08:10 PM
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Unless you get Johnny Cochrane (sp?) I don't think a lawyer will help. Just cooperate fully, pay everything and plead it out. You did actually break the law take it like a man.

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Old 04-21-2001, 08:22 PM
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<font face="Verdana, Arial" size="2">Originally posted by Scorpius:
Bullfeathers...
here in PA if you refuse to take the test you automatically get your license suspended.
</font>
I was just going to say that.

In Pa, failure to take the test is admitting that you are drunk.

Shawn S


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Old 04-21-2001, 10:12 PM
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Well, thanks to help of alot of memebers here, took my defensive driving course and passed. 4 hours!!! all I have to do now is go take a test.


for all you intrested.

heres the site

www.IwillNotSpeed.com

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Old 04-22-2001, 03:22 AM
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How pathetic... Get out of something you are guilty for?? I spent time and money when I broke the law (passed a county Sheriff in my Typhoon) while drunk (and BTW 8 beers is a pansy).

Did I look for outs, NO!! I took it and learned from my stupid mistakes. Suck it up, we have more than enough pathetic individuals hanging on the forum. It seems to suck up to and promote this type of behavior.

Life hands us situations, go with it and make the best of it. Spend some time in the back of a cop car with your hand pinned.

The more honest you are the better things go...
Old 04-22-2001, 06:40 AM
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<font face="Verdana, Arial" size="2">Originally posted by scalbert:
How pathetic... Get out of something you are guilty for?? I spent time and money when I broke the law (passed a county Sheriff in my Typhoon) while drunk (and BTW 8 beers is a pansy).

Did I look for outs, NO!! I took it and learned from my stupid mistakes. Suck it up, we have more than enough pathetic individuals hanging on the forum. It seems to suck up to and promote this type of behavior.

Life hands us situations, go with it and make the best of it. Spend some time in the back of a cop car with your hand pinned.

The more honest you are the better things go...
</font>
Thanks DAD

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Old 04-22-2001, 10:42 AM
  #26  
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<font face="Verdana, Arial" size="2">Originally posted by NOVAwhiteTypeS:
Thanks DAD

</font>
"Thanks DAD "
Over 100 mph on the street and after 8 beers and some liquor! (scalbert I agree 200% with you except 8 beers is plenty when it concerns driving).

"Thanks DAD "
"My side of the story was that he cut me off."
I like this one. Lets add a little road rage to the situation. He cuts me off so I have to go 100mph to show him.


"Thanks DAD "
The other officers pop my trunk and search my entire car, (w/out asking). How much say-so do you think you have when your "coughed"? (i.e. cuffed)

Listen Nova I'm being a bit harsh because a few years back my cousin didn't have the opportunity to ever say "Thanks DAD" again. He was impaled by the steering column of his car. Died in a blink. Happened when one of two drunk drivers hit him head on during a street race. Your actually the lucky one. Your alive. So face it, learn from it and move on.

Old 04-22-2001, 12:13 PM
  #27  
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Hey Nova!
Poobah here......

First off, anyone posting any lectures, look at yourself first. Have you ever made a mistake? PEOPLE IN GLASS HOUSES SHOULD NOT THROW STONES. Take all that "Holier than thou" Shit and shove it up your ass. I did 5 years of rescue and 2 years a firefighter I started when I was fifteen and I know how terrible things could have went, glad they did not. Conversly, some of the heaviest drinking I ever did was in the Fire Department LOL. Nova, you made a mistake, you know that, don't need to push it in your face. If I were you I would just go to court (attorney always advisable for this type of offense, a lot of courts will advise you of this also at least it it's a decent judge). I would not fight too hard against the police but if there is anything blatantly wrong I ofcourse would fight that. With a decent attorney and a nice suit and clean cut look you may not get off too bad. Please keep us up to speed on what happens.......

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Old 04-22-2001, 12:57 PM
  #28  
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Did you guys NOT believe me?
heh

40 posts arguing just to come back to what I said in the first place.

TV = not reality folks.

Believe your masta next time

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Old 04-22-2001, 01:03 PM
  #29  
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Well all I have to say is "you do need a lawyer if you're about to get royaly screwed." Don't go into a situation completely defenseless, that's stupid.

Second, plea bargaining is the American way and is what this Country's legal system is built on (in addition to some other things). Use it. It's your priviledge. Everyone else is using it like it's going out of style.

Finally, you know this one: responsibility, responsibility, responsibility; which you seem to have espoused. I always say "Don't ever get yourself in such a situation in the first place...."

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Old 04-22-2001, 01:19 PM
  #30  
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I like the post about the 'holier than thou' and never making a mistake. This is not just a mistake. This is a mistake that can cause lives. Yes, I've made mistakes. I took a wrong turn trying to get to my girlfeiends house. i was driving all over theplace until i figured out I was on the wrong side of town. That is a misstake.
Driving 120mph after having eight beers it a debacle. No, I have never done that. When I'm out, I have ONE drink. That's it. I don't trust other people not to drive drunk, I only trust myself. I think its a good policy. To ptoove it, I don't have to get a lawyer... I can spend my money somewhere else instead of legal fees. My car didn't get impounded. Have your lawyer ready for soemthing. But just admit you were wrong (because you were). If your lawyer is any good he will tell you the same thing.

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Old 04-22-2001, 02:31 PM
  #31  
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Thanx again for all your support,

I'm not saying it's not my fault because it is. The only thing I can say is my judgement was short, and was overcome by alchol(I know, not a vaild excuse.) last night I went out to w/ some friends and was DD, I waited for all my friends to drink and drove everyone home, Not a single shot of anything. I didn't want what happen to me on friday happen to any of my friends. We all also agreed that we should have one of us always be the sucker and be DD, even tho its not fun.
Also if you all read my post, All day yesturay I took a 4 hour Drivers Improvement clinc and I signed up for a bunch of community service. Not to get off the hook but cause I felt the need to punish my self for now.

I really don't know what else to say to you all thinking that I'm wrong, cause I do admit. but can ya give me a break for a minute?

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Old 04-22-2001, 02:36 PM
  #32  
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I think you've learned your lesson. Everyone else back off and realize that the kid has learned his lesson and move on to another topic.

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Old 04-22-2001, 03:07 PM
  #33  
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<font face="Verdana, Arial" size="2">Originally posted by Mike:
I think you've learned your lesson. Everyone else back off and realize that the kid has learned his lesson and move on to another topic.

</font>
OK! Lets pick on Mike

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Old 04-22-2001, 06:47 PM
  #34  
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<font face="Verdana, Arial" size="2">Originally posted by NOVAwhiteTypeS:
Thanks DAD

</font>
Actually I don't want to be your Dad. But I might comment on topics posted to this forum that I agree, or may disagree with.

Why post something that you know might be controversial and not expect backlash??

Anyway, I do sympathize with your situation. As mentioned, I too have made mistakes; passing a Sheriff is not a good thing. You have also admitted your fault, which is good.

But trying to find an out, is the exact reason why we have frivolous cases in the court today. You know you are wrong, go into court and admit it.

BTW, when I went into the Cherokee County court and admitted my fault while dismissing my lawyer, I ended up with a lesser sentence than a previous but similar case.
Old 04-22-2001, 06:52 PM
  #35  
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<font face="Verdana, Arial" size="2">Originally posted by nabster:
OK! Lets pick on Mike

</font>
Nah, I'd rather address Soopa's "master" comment. Did you hit your head? It appears to be swollen!


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Old 04-22-2001, 06:52 PM
  #36  
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<font face="Verdana, Arial" size="2">Originally posted by Al Uminum:
Over 100 mph on the street and after 8 beers and some liquor! (scalbert I agree 200% with you except 8 beers is plenty when it concerns driving). [/B]</font>
Just to be clear, the 8 beers statement was a joke, don't drive after a few...

I made the statement to help to make light of the posting and take the harshness off of the criticism. My friends make fun of the number of beers I drink; they can't even come close to matching me. But no driving afterwards though...
Old 04-22-2001, 06:53 PM
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I really don't have any tolerance for drinking and driving. So I'm a bit biased. I don't feel there really is an excuse for it. Sorry if what I said made you feel bad but things could have been worse. That cop had you by the short and curlies. He could have ran you in. To be honest, I would have. Maybe his quota was up or something.
Was this in new Jersey? I have to deal with poliuce stationa all over the country. NJ are terrible. They expect somebody to hop on aplane and fix their system immediatly if not sooner. Sure... I'll just have Mr. O'brian beam me right over. I also think NJ state tropper unofirms look like Gestapo. They scare me.

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Old 04-22-2001, 07:39 PM
  #38  
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O.K. NOVAwhiteTypeS,
here's the facts. 1) Since you were drinking and intoxicated the officer did not have to read you your rights. This can be put down as "incomplete advisement" due to you being intoxicated and not remembering them reading you your rights anyways. 2) Searching your vehicle is referred to as an "inventory search" due to your vehicle being impounded for the misdemeanor you committed.

You will probably have the charges reduced to reckless driving if this is your first offense. Anyways good luck with the outcome.
I'm not talking out my ass either, I've been an LEO for 7 years.

Deckard
Old 04-22-2001, 08:34 PM
  #39  
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Funny thing about going out for some drinks and then driving home is that much of the restaraunt business in America (especially in DC) is completely dependent upon this and it has become the American way. It should probably be illegal to drive with any alcohol in your system--but let's be honest, nobody can afford for that to happen. The vast majority of bars in the DC area would never make enough money if every second person was a designated driver.

If the law really wanted to shut down drinking and driving it probably could. But, it has to flex and allow for it to enable many people to make their livings.

It truly is a funny situation.

I guarantee that more than 50% of the people that drive home from many of the bars I go to in DC are well more than legally drunk and there's only a few ways out of DC into MD or VA. Simply putting up roadblocks on Canal road and a number of the other major outlets couold literally shut down the vast majority of bars in the DC area and put a great deal of people out of jobs. Catch 22 bigtime.
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Old 04-22-2001, 09:04 PM
  #40  
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<font face="Verdana, Arial" size="2">Originally posted by JZ:
Funny thing about going out for some drinks and then driving home is that much of the restaraunt business in America (especially in DC) is completely dependent upon this and it has become the American way. It should probably be illegal to drive with any alcohol in your system--but let's be honest, nobody can afford for that to happen. The vast majority of bars in the DC area would never make enough money if every second person was a designated driver.

If the law really wanted to shut down drinking and driving it probably could. But, it has to flex and allow for it to enable many people to make their livings.

It truly is a funny situation.

I guarantee that more than 50% of the people that drive home from many of the bars I go to in DC are well more than legally drunk and there's only a few ways out of DC into MD or VA. Simply putting up roadblocks on Canal road and a number of the other major outlets couold literally shut down the vast majority of bars in the DC area and put a great deal of people out of jobs. Catch 22 bigtime.
</font>
That's anywhere (about the number of viable routes leading from bars/downtown). They have been determined to be illegal in a lot of places. Otherwise, it would happen. Roadblock every night starting at 1am to until...(depending on your locale).

So what I'm saying is I disagree that the DWI laws are dependent on [some] people making a living. It's gotta be for some other reason...why the big crackdown hasn't happened.

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