Uhm part 2 (legal related)

[Sean of the Thread]

So a "friend" wants to know if any of you have DUI experience legally or otherwise?

[Miss Ismurii]

nope.

[NocturnalRob]

So a "friend" wants to know if any of you have DUI experience legally or otherwise?

yeah, what's up? haha

[Gan]

LOL

Find a good attorney.

[NocturnalRob]

LOL

Find a good attorney.

qft. get ready to spend a good deal of money--> attorney fees, alcohol awareness classes, etc etc

[Sean of the Thread]

Uhm basically the rain cloud struck again.

First thing I'd like to say this is my first criminal charge as an adult.

I've been charged with a DUI. Basically chain smoking on my way to publix and pulled one of those hey the light is green but the cars stopped moving as I was looking down on the passenger seat for my lighter. Looked up just in time to jerk onto the shoulder to avoid all collisions.

Shoulder/grass/slight incline was soggy from recent rain... anyways ABS stops me just before plowing a city sign. WITH IN SECONDS the miracle cop was behind me. Worst timing ever.

Pure misdemeanor first offense no damage to anything or anyone.

I've had two beers very recently and two earlier in the day at lunch. I took my librium at 4pm as always and the incident occurred about 4:30pm but who knows.

Careless driving ticket for the swerve.

No field sobriety test. No Breathalyzer. Just the typical officer trying to make sure he writes everything wrong down to ensure conviction.

Anyways ... and this is bullshit except perhaps my speech impairment which is mostly normal but worse after my after noon librium. He has me down for stumbling.. mumbling..swaying..dazed and confused and water bloodshot eyes with alcohol on my breather.

So they fuck around with me take me to the breath center. I ask for my attorney prior to taking the test. They're swat assholes and complete dicks etc.. told me I can talk to my attorney only if I take the test first.

I ask some questions about explain that to me and get (we don't have to). I ask about their advice they give me the no legal advice thing and at which point promised me I'll lose my license obviously for one year if I refuse. I still refuse knowing that because I just had two recent beers that went down fast as I had to get to publix to get dinner before the wife went to work and didn't want to risk a mouth alcohol effect that occurs and blow something insane.

So I tell them I want a blood test.. they said something sure you have to pay for it after I sign off that I understand refusing the blow kills my license.

They cuff again and take me to processing where I spend about 20 hours before even being spoken to. I told them I have medical issues and needed my blood pressure meds etc to no avail.

Anyways somewhere down the line I never get a blood test. Couldn't get bonded out at that hour so said fuck it misdy court is at 8am I'll see the judge. Well he let me out. Which took about 5 hours more to get me out the door.


Anyways.... that's the basics of it. I've been told/read that being a first time offender to always refuse everything but polite and go for the blood test if possible. Who knows.

Public defender monday for starters I guess to get something rolling. Court date may 20th.

So they have no proof of anything other what I admitted (2 beers and blood pressure meds) since somebody fucked up and never gave me a blood test.


2)I'm an idiot (you already know that)

3)Those of you that have spoken to me on TS etc already know I've got a fucked up accent. But his written description on the ticket is absurd.

[crazymage]

btw may 20th is when aoc comes out try to be out by the evening?

[Sean of the Thread]

Isn't the some supreme court action going on about breath tests anyways? Taking one is like self incrimination and refusing one makes it looks like your hiding.

Thus why I asked for the blood test. Fuck those machines anyways.

[Mistomeer]

You didn't blow. You're good. Get a decent attorney and it will probably cost around $3,000.

[NocturnalRob]

Okay, the shitty situation aside, I would first congratulate you on not breathing. Rookie mistake. That being said, I'm not sure if the public defender is a good idea. They will not try to get you off. They'll plea it down to whatever. You'll do community service, pay a fine, and it WILL go on your record.

If you're okay with that, by all means, go ahead. It's not the end of the world. It will fuck up your auto insurance, and a few other things, but it is what it is.

Be polite. The arresting officer WILL have to show up to court for his evidence to be admissible (at least in MD), so you may luck out. Then again, he sounds like a total douche, so he'll probably show up. Don't argue about the ticket. I would ignore it. Explain what happened in your own words.

Sign up for an alcohol awareness class as soon as you can. It shows that you are taking this seriously, and depending on the judge, it could help a lot. Umm...get a note from your doctor explaining your medical condition and your need for the librium.

I'll let you know if I think of anything else, but that's all I've got now. Sorry, man.

[Sean of the Thread]

Thanks for head start. The public defender was only recommended as he'll get me at least all the reports filed and what witnesses they dug up and an idea on what the fees I'll need for a real DUI man which should save me some money.

So far $$

$105 impound. (.5 miles from my house and course I can't get a single person on the phone to come get it)
$120 careless driving
$10 bucks at the facility for a fucking ID badge.



Question about the awareness class.. I've recently went thru an assessment and found to be normal (after I quit the liter of vodka a day and got a doctor to get me librium for anxiety instead). Maybe I can get that assessment record to save some more. I mean I technically only admitted to 2 beers. I would say that's reasonably responsible. /shrug



Doctor first orders were 0 alcohol with the librium but after being accustomed to it's effect for 3 months he's allowed me a couple beers/wines a day.

There was so much going on at the scene I'm not sure I admitted to taking my librium.. only my bloodpressure meds. Oh well it will be in the paper work somewhere if I did.

So is true there are such things as good dui lawyers that actually get something like mine tossed out?

I'm sure if I plea it would prolly end up being wreckless driving... which I think is the next lowest a misd DUI.

[Gan]

You didn't blow. You're good. Get a decent attorney and it will probably cost around $3,000.

You're gold on the DUI.

They fucked up not giving you the blood test.

Ditch the public defender, the short run costs of a good DUI attorney will completely outshine the long term savings from not having a DUI on your record.

[NocturnalRob]

Ditch the public defender, the short run costs of a good DUI attorney will completely outshine the long term savings from not having a DUI on your record.

yeah, dropping the money sucks, but you're gonna get someone who will actually know what's going on with your case. and you should ask your attorney about the doc's assessment. he (or she) will probably tell you to sign up for a class anyway

[Parkbandit]

btw may 20th is when aoc comes out try to be out by the evening?


Are you going to play AoC?

And I have no sympathy for a dui.. sorry. It could have been my kid you may have killed.

[diethx]

And I have no sympathy for a dui.. sorry. It could have been my kid you may have killed.

I feel the same way... drink all the hell you want but don't drive ffs, especially after you take a medication that you already know in combination with alcohol makes you do shit like black out and wake up next to fire crotches. :/

[Stanley Burrell]

You're going to be an accidental OD pick-a-number if you keep mixing drinks with your CNS depressants.

[Sean of the Thread]

I'm not asking for sympathy. I'm also not admitting to being impaired let's not forget. Also of ALL the things I've done in my life (and we all know that's a shit load) this is by far the most ashamed I've ever been. I cannot stress that enough.

I'm guilty of being a bad driver and lighter digging at a stop light that was green but everyone came to an abrupt stop and caught me off guard. I'm an idiot for that no doubt. (the careless driving citation).

The processing center thought it was hilarious that I was being booked for DUI as sober as I was.

Anyways I'm very anti DUI/DWI and always have been. Normally why there is a bike in the back of my truck for nights when I do get carried away when out.

I've cabbed and walked the mile home countless times in my boozing days. Anyways those days have ended for quite some time. At least my bar lets me sit up with my trivia pals and drink pepsi all night without bitching. They're usually free and their tip is the same so no big deal.

Certainly many of you must have noticed my sobriety for about the last year.

Oh and when I'm feeling up to it MAN DO I HAVE some great stories for the real drunks and fuck ups that were in processing room with me for 20 hours. Over a 100 peeps in this room at a time and man was it entertaining.

btw trade any of your "mystery meat sammichs" for anyone willing to give up their milk or apple juice if you ever end up in there.

[Stanley Burrell]

The processing center thought it was hilarious that I was being booked for DUI as sober as I was.

Your prescribing physician probably wouldn't. And shouldn't, since I'm sure you'll report this incident to them.

Do you realize what you're doing when you're doing it?

[Gan]

I'm not asking for sympathy. I'm also not admitting to being impaired let's not forget. Also of ALL the things I've done in my life (and we all know that's a shit load) this is by far the most ashamed I've ever been. I cannot stress that enough.
There's nothing as humiliating and humbling as having a set of cuffs applied to you involuntarily.



The processing center thought it was hilarious that I was being booked for DUI as sober as I was.
Make sure you tell your attorney that. Its easy getting a shift roster and deposing for statements.


Anyways I'm very anti DUI/DWI and always have been. Normally why there is a bike in the back of my truck for nights when I do get carried away when out.
Now thats a youtube I want to see. You drunk and riding a bike. :lol:


Certainly many of you must have noticed my sobriety for about the last year.
http://forum.gsplayers.com/images/icons/icon14.gif



btw trade any of your "mystery meat sammichs" for anyone willing to give up their milk or apple juice if you ever end up in there.
spoken like a true convict ;)

[Gan]

PS.

Quit driving while under the influcene of your librium. Drive before you take it, not after.

Its not worth it if you slide into a family of 4 and kill someone.

[Latrinsorm]

And here I was thinking that Sean2's posts seemed to flow a lot better after more bourbon than I had business drinking. I remember being sad after you said you were quitting and then drank more though, so I'm glad you stopped sort of, I guess?

p.s. I had a friend drive me home. :)

[Mistomeer]

Are you going to play AoC?

And I have no sympathy for a dui.. sorry. It could have been my kid you may have killed.

No offense to any of you, because I don't actually know any of you, but every single person I've ever been out drinking with, and this is a total generalization, has the same story that starts out with, "I know I shouldn't have driven home that night..."

So yeah, I think everyone would say they're against it, but most the people I've met that do go out drinking have made those mistakes. Some get caught, others get lucky.

I would say there's a small minority that takes it beyond a mistake into habitual behavior. Those are the fuckers that usually end up killing someone's kid.

[diethx]

So, only habitual drunk drivers cause accidents that hurt and/or kill?

[Mistomeer]

So, only habitual drunk drivers cause accidents that hurt and/or kill?

I didn't say only habitual drunk drivers cause accidents that hurt and kill. I said "usually." Since it's habitual, their odds increase each time, right? Make one mistake and the odds are exponentially lower than someone who does it every Friday and Saturday night.

Honestly though, ask anyone who goes out drinking on a regular basis if they have a single story about a time they probably shouldn't have been driven somewhere. I'm yet to find that person who doesn't, myself included. The legal limit in all states is such that it doesn't take a much to be legally intoxicated.

My point being is that it's a much more common occurrence than some may think, but many people just don't get caught for it. Just consider that before you rush to judgment.

[diethx]

I didn't say only habitual drunk drivers cause accidents that hurt and kill. I said "usually." Since it's habitual, their odds increase each time, right? Make one mistake and the odds are exponentially lower than someone who does it every Friday and Saturday night.

Take a typical Friday night. What makes the habitual drunk driver more likely to kill someone than the person who's drunk driving for the first time that night? They're both drunk driving, and assuming they're both equally intoxicated, i'd guess that they'd both be equally at risk of hitting and killing someone (without taking into account any other factors - only the fact that they're both drunk).


Honestly though, ask anyone who goes out drinking on a regular basis if they have a single story about a time they probably shouldn't have been driven somewhere. I'm yet to find that person who doesn't, myself included. The legal limit in all states is such that it doesn't take a much to be legally intoxicated.

I used to drink regularly. I've never driven drunk, not once. The closest I ever got was driving myself and a buddy home from a Metallica concert at Nassau Coliseum after having a beer before the show. I wasn't even buzzed anymore. It's really easy to avoid driving while intoxicated. It's called, don't fucking drink anything if you plan on driving.


My point being is that it's a much more common occurrence than some may think, but many people just don't get caught for it. Just consider that before you rush to judgment.

I'm pretty sure everyone knows how common an occurrence it is. Doesn't make it any less stupid, nor does it mean we shouldn't judge people badly for doing it just because it's "common". (not even talking about Sean2 anymore, heh.)

[ViridianAsp]

PS.

Quit driving while under the influcene of your librium. Drive before you take it, not after.

Its not worth it if you slide into a family of 4 and kill someone.


Agreed, also, you shouldn't drink and take meds. It is dangerous and you will either kill yourself, but most likely kill someone else.

You think a DUI is bad, wait till you actually kill someone. Just a thought, here's another...


Maybe, you should kind of step back and look at things in your life, shit seriously seems to be going wrong for you and maybe you need to re-evaluate priorities. I'm not judging, everyone has rough spots in life, you just seem to be making yours worse.

[TheEschaton]

So they fuck around with me take me to the breath center. I ask for my attorney prior to taking the test. They're swat assholes and complete dicks etc.. told me I can talk to my attorney only if I take the test first.

If this is true, and you can prove it somehow - game over. They lose. The moment you're under arrest and ask for your attorney, they can't do anything.

-TheE-

[crazymage]

Are you going to play AoC?

And I have no sympathy for a dui.. sorry. It could have been my kid you may have killed.

Yeah that's why i bought that new vid card.

No offense Sean you're my bud and all, but I have a little sis who's about to start driving and i'm pretty fucking fed up with drunk drivers on the news every day.

[longshot]

Find a good attorney.

This is not the place fuck around. You need to get a lawyer. A good lawyer.

Do not even consider a public defender.

[JohnDoe]

If this is true, and you can prove it somehow - game over. They lose. The moment you're under arrest and ask for your attorney, they can't do anything.

-TheE-

In some states you don't have the right to talk to your attorney prior submitting to or refusing the chemical tests.

Talking from experience, pay for the lawyer, it's worth it. No field sobriety and no breathalyzer is a good thing.

Also, the fact that they kept you for that long should help. In my state, I'm pretty sure they are required to allow you to attempt to prove your innocence via access to another chemical test if you ask for it. I actually know someone that refused the breathalyzer and was held for 6 hours (not 20 like you) and got off because of that.

[Warriorbird]

Pay money. Get the best lawyer you can afford.

[Ben 2.0]

your life seems to be going well lately.

[Sean of the Thread]

I've received around 150 solicitations from local lawyers etc offering their services with all kinds of credentials.

I haven't been able to find a "list" of lawyer ratings or some such to assist in my search.

These guys list things such as "15 year former state prosecutor" Former deputy sheriff and former police officer" is one example. How the fuck do I sort thru these guys all swearing they are the Johnny Cochrans.

Some promise they handle it personally and not some law school grad in their firm etc. What should I be looking for in making a decision?

Any suggestions from our experienced posters on this subject would be greatly appreciated.

[Allereli]

www.martindalehubbell.com

do a search there. it's an industry standard. I'm actually researching my firm's listing now and trying to find out how to get the outrageous renewal cost down.

[Anebriated]

I actually went through something similar recently. I was taking care of my friends cats while he and his gf went up to boston for the weekend and as a thanks he left a little ganja for me(yeah i know its illegal, no holier-than-thou speeches plz). On the way home from his place I get pulled over(a cop followed me for 1.5 miles after I apparently rolled a stop sign leaving a parking lot) and it eventually leads to the cop telling me that I could either cough up the gram of pot I have along with my bowl and take a misdemeanor for possession and paraphernalia or hed take me in for a blood test, charge me with a DUI(under influence of controlled substance) as well as the 2 misdemeanors. So I give it up and get cuffed and hauled off to the station. They towed my car($170) and I had to get picked up by a friend. I was never arrained, never read my rights, and never given a citation for actually rolling through the stop sign, so thats my loophole, but I learned a few things during the process.

If a cop asks you to step out of your car you can say no.

Be upfront about the anxiety so I dont get confused with a drug addict...

Best advice I was given.... Write down the sequence of events as soon as you can after it happens. It will help you down the line if you need to remember the order of events or what was said a month later when youre actually fighting the case.

edit: as far as the cop not showing up for the case, that depends state by state. PA and MD are the same, cops arent required to show up for court cases. NY is different, they are required or get paid a bonus for showing up in court. If you can figure out if FL requires the officers to show or not it might help your case a bit as well.

[Sean of the Thread]

Well... got my Public defender assigned last week and had no contact until today in the mail. He did full discovery etc and entered a plea of NOT GUILTY!??! on my behalf... It's either good news or I've got an over zealous PD. Is this fucking normal procedure or??

I know PD's are always overworked and can take their cases on a blah level or they can be over zealous. Not sure wtf I'm getting into here but oh well. Florida is a hanging state when it comes to DUI.

They told me to call as little as often originally as they're all busy as hell but I'm definitely calling to see wtf. Also he says my arraignment is on May 20th which was the original on the citation but I've received a letter from the clerk of court moving it to the 28th since...

Time to get on the ball.


*I've also discovered they really did fuck up with the blood test. The statute clearly states I can request an independent blood sample to be taken when refusing a breath test and given timely access to a telephone to arrange for it at my expense. Never happened. I didn't even see the medical staff until about 15 minutes before I released even after asking to see them multiple times concerning all the doses of blood pressure meds and shit I was missing while I sat there for 20 hours in a room of 200 crazies.

Not to mention it's almost impossible to fight over 8 phones in a room of 200 people killing each other and beating the shit out of the phones whilst screaming. At least two entire phones were replaced by techs that I noticed during my stay. Of the 20 or so deputies in that room 10 were posted at the phones to kick peoples asses for getting out of hand.

Assholes also didn't give me my property sheet after booking that had a pin on it to even be able to use the phones and everytime I got up to ask a deputy I was told sit the fuck down until finally a nice one went up to the desk and wrote a pin down on paper for me.

P.s don't eat the bologna and pb&j sammiches (yes all slopped together between bread) at the Pinellas county jail. I had the shits for a week and I only ate half of one... not to mention the inmates in county make them. Nick Hogan is going to have a great 8 months (more likely 4 I'm guessing).

[Keller]

Well... got my Public defender assigned last week and had no contact until today in the mail. He did full discovery etc and entered a plea of NOT GUILTY!??! on my behalf... It's either good news or I've got an over zealous PD. Is this fucking normal procedure or??

I know PD's are always overworked and can take their cases on a blah level or they can be over zealous. Not sure wtf I'm getting into here but oh well. Florida is a hanging state when it comes to DUI.

They told me to call as little as often originally as they're all busy as hell but I'm definitely calling to see wtf. Also he says my arraignment is on May 20th which was the original on the citation but I've received a letter from the clerk of court moving it to the 28th since...

Time to get on the ball.

What plea would you have preferred?

[Clove]

What plea would you have preferred?Who cares? People who bitch-out on the PD deserve what they get :D

[Sean of the Thread]

That's the first thing that came to mind thus asking if it's normal procedure. I just assumed we'd get to discuss something first. I was just surprised that was the first correspondence I've received from him.

The last dealing I had with the legal system there was a lot more going on before I entered any plea.. then again it was an attempted murder charge and I (pops) was paying for an attorney.

That ended up turning into an agg battery with a deadly weapon with adjudication withheld. All I had to do was take an anger management class with the counselor from beavis and butthead.

Now days I wouldn't had even been charged since they've changed the law. Their only case was I didn't fulfill my duty to flee. Now you're allowed to stand your ground and take a pipe to people that jump you.

[Keller]

Who cares? People who bitch-out on the PD deserve what they get :D

Ya, but his options are not guity, no contest, and guilty -- with the last two being essentially the same except NC saves you from estoppel w/r/t a civil suit.

I'm just not sure why Xyelin was shocked.

[Keller]

That's the first thing that came to mind thus asking if it's normal procedure. I just assumed we'd get to discuss something first. I was just surprised that was the first correspondence I've received from him.

The last dealing I had with the legal system there was a lot more going on before I entered any plea.. then again it was an attempted murder charge and I (pops) was paying for an attorney.

That ended up turning into an agg battery with a deadly weapon with adjudication withheld. All I had to do was take an anger management class with the counselor from beavis and butthead.

Now days I wouldn't had even been charged since they've changed the law. Their only case was I didn't fulfill my duty to flee. Now you're allowed to stand your ground and take a pipe to people that jump you.

Who sold you guns? :help:

[Sean of the Thread]

Who cares? People who bitch-out on the PD deserve what they get :D

<----I have no money as I've explained. I'm brizzzoke due to some shit that went down in recent months.

Speaking of which I changed my mind and want health insurance :) .. any suggestions for the going solo route? Actually that deserves it's own thread don't reply to it here.

[Sean of the Thread]

Who sold you guns? :help:

Lol no guns involved in that one. Just two large drunk sailors and a 12 inch pipe I happened to find on the ground out of the knocked over garbage can from when they jumped me.



*"Just two large drunk sailors and a 12 inch pipe"........man that just sounds so wrong.

[Ambrosia]

P.s don't eat the bologna and pb&j sammiches (yes all slopped together between bread) at the Pinellas county jail. I had the shits for a week and I only ate half of one... not to mention the inmates in county make them. Nick Hogan is going to have a great 8 months (more likely 4 I'm guessing).

Memories... Harris County (Houston TX area) gives you frozen bologna w/ 2 slices of bread and PB&J between Grahm crackers.... lol

[Sean of the Thread]

So despite trying to speak with my PD several times daily I've yet to get past his secretary.

Today she told me to show up 30 minutes before my trial on Monday and ask a bailiff what he looks like and then discuss my case. She said bring anything you think will support your case... example being my lab results of glucose problems and positive for mono etc... THANKS FOR THE ADVICE.

This is only the second time I've spoken to her other than her voicemail (unanswered) and she tells me this now on a Friday afternoon when I have no access to my doctor.

I can't believe this shit.

Anyways if the state doesn't want to drop/dismiss or reduce to reckless driving I'm having the enormous urge to request a trial by juryl rather than being raped Monday. Technically I'm eligible for PTI program but we'll see what goes down.

[diethx]

Why not go down to his office? I'd think speaking to your lawyer before your court date is very important, and would warrant taking time out to get a lift down there from someone. If you can't get him on the phone, that is.

[RichardCranium]

You don't get face time with public defenders. You should still be ok. 6 months jailtime suspended. 1 year probation. 32 hours community service, 1000 bucks for a fine plus court fees and costs. I don't know Florida's DUI laws but you may have to get an interlock device in your ride for a while and attend a couple of classes and a MADD program thingie.

[diethx]

...but he wasn't drinking I thought? And they didn't test him to prove he was drinking?

[RichardCranium]

Mine was a worst case scenario.

[diethx]

Oh okay.

[RichardCranium]

Yeah, I didn't mention that at them time. My b.

[Stanley Burrell]

Can I carve a little smilie face on your asscheeks before lockdown? It'll help accentuate the Felix ink, I promise.

But in your defense, you got in a fight with sailors, ffs. No one should be allowed to be jailed for that. That's fucking awesome. Talk about blind justice.

[Sean of the Thread]

I had been drinking I just wasn't impaired. ROFL 2 beers 230lb man. And there were no tests and thus no evidence blah blah blah.

Dickhead is right.. no face time with PD's unless it's post pre trial working on the jury trial. They're busy with clients in the clink already like 24/7. This is a needle in his haystack basically.

Interlock on blows over like .15 or second offense so not a worry. Not to mention my truck isn't in my name.... so basically it's not mine. Fines and shit are different here. FL is more strict.

I think it's 50 hours community service mandatory or they prefer you to pay $10 per hour in lieu to fill the coffers.

I'm not really complaining considering the circumstances and extreme inconvenience due to over zealous deputies. For fucks sake I sat in a processing room with 200 nut jobs for 20 hours with no meds.

I could understand if I were actually wasted or their was property damage or an accident etc.. I have much disdain for drinking and driving. I simply pulled a careless driving grabbing my lighter and pulled over into the right of way to avoid a rear end collision (in the wet muddy ditch) and stopped perfectly parallel to the car in front front of me with out skid marks or any other bullshit.

Yeah chalk me up as guilty I guess.

Any ways life goes on and I'll swallow the medicine. I'm going to hope for no probation.. I don't mind the driving courses and shit (which I'll have to do no matter what) but the probation I don't want to deal with. Especially since I've got job prospects in other states and Canada.

[RichardCranium]

In Louisiana its only bench probation for your first two so its not like you have a probation officer or anything. You say its different in Florida so I don't know.

[Sean of the Thread]

07/28/08 CASE DISMISSED A
07/21/08 TRANSCRIPT OF DRIVING RECORD A
06/24/08 NOTICE OF PRE-TRIAL - 072808

[BriarFox]

Yeah, there's basically no legal evidence against you because you refused to blow and because they didn't let you take the blood test. Judge didn't have anything to go on. Grats, I suppose, but you're still a lucky dumbass.

[Sean of the Thread]

No luck involved. Not impaired is not impaired.

[TheRunt]

You got lucky DUI isn't drunk driving its driving while under the influence. Doesn't state the influence of what. You were taking librium. So therefore you were under the influence. If they would of givin you a blood test you would of been busted. At least in Indiana where I am. DUI here is basically anything a cop says. And not having anything to go on? The cops statements. Which I'm not sure about florida but they do count here.

[Warriorbird]

Don't put yourself in that situation again.

[Sean of the Thread]

You got lucky DUI isn't drunk driving its driving while under the influence. Doesn't state the influence of what. You were taking librium. So therefore you were under the influence. If they would of givin you a blood test you would of been busted. At least in Indiana where I am. DUI here is basically anything a cop says. And not having anything to go on? The cops statements. Which I'm not sure about florida but they do count here.

Librium is prescribed by my doctor and is legal to drive with in your system. The only time you're "busted" with medications prescription wise is if the bottle clearly states DO NOT drive/heavy machinery or DO NOT mix with alcohol. Neither were the case.

Of course the cops statements count and are huge. But they fucked up on their statements and used verbatim the description of from the statute to define impairment. The video's also showed them being deceitful with me even with their "editing" before they gave them up for discovery. The judge told the state to clean up their act before they try to bring him another pile of slop like that case.

The only thing I was really guilty of was careless driving and that got thrown out too.

Anyway as WB said I won't be putting myself willingly into that situation again. That situation being of one where you have to be at the mercy of an officer making a poor judgment call. I'm not knocking the officer's other than at the blow center but this was clearly bullshit from the get go.

[AnticorRifling]

You got lucky DUI isn't drunk driving its driving while under the influence. Doesn't state the influence of what. You were taking librium. So therefore you were under the influence. If they would of givin you a blood test you would of been busted. At least in Indiana where I am. DUI here is basically anything a cop says. And not having anything to go on? The cops statements. Which I'm not sure about florida but they do count here.


I'd disagree with that.

[TheRunt]

[QUOTE=Sean2;771424]Librium is prescribed by my doctor and is legal to drive with in your system. The only time you're "busted" with medications prescription wise is if the bottle clearly states DO NOT drive/heavy machinery or DO NOT mix with alcohol. Neither were the case.

If the pill bottle didn't have those on them I'd go to a different pharmacy if I were you. They probably don't know too much.
From the pdr
Side effects may include:
Confusion, constipation, drowsiness, fainting, increased or decreased sex drive, liver problems, lack of muscle coordination, minor menstrual irregularities, nausea, skin rash or eruptions, swelling due to fluid retention, yellow eyes and skin

Special warnings about Librium

Librium may cause you to become drowsy or less alert; therefore, you should not drive or operate dangerous machinery or participate in any hazardous activity that requires full mental alertness until you know how you react to Librium.

Possible food and drug interactions when taking Librium

Librium is a central nervous system depressant and may intensify the effects of alcohol or have an additive effect. Do not drink alcohol while taking Librium.
http://www.pdrhealth.com/drugs/rx/rx-mono.aspx?contentFileName=Lib1226.html&contentName=Librium&contentId=307

So the cop said you were appeared intoxicated. You admitted drinking 2 beers. <which most cops assume means at least 3-4. And probably most judges/juries> And a blood test would of shown librium and a small amount of alcohol. Sounds like a reasonable DUI to me. And I'm not preaching although it may have sounded like it in the earlier post. I've had 3 dui's myself. Over the course of 16 years. And yes I've finally learned. If I go out drinking I either have a designated driver or I walk to the bar.

[TheRunt]

I'd disagree with that.

May I ask which part? Or just all of it? I'm actually curious. Because from your info your in Indy. And from some of your previous posts I think your either in the law enforcement community or very familiar with them.

[Warriorbird]

I'd have to look it up... but I'm pretty sure the law is for 'driving under the influence of alcohol' there.

[AestheticDeath]

This is where I wish you could sue the cop/dept for wasting your time. They can literally make your life hell just because they don't like you. Put you through all kinds of tests, and sit you in jail until 'they feel like' dealing with you.

[TheRunt]

I'd have to look it up... but I'm pretty sure the law is for 'driving under the influence of alcohol' there.

Nope in IN is Owi
Class C misdemeanor; defense
Sec. 1. (a) A person who operates a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol per:
(1) one hundred (100) milliliters of the person's blood; or
(2) two hundred ten (210) liters of the person's breath;
commits a Class C misdemeanor.
(b) A person who operates a vehicle with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
(1) one hundred (100) milliliters of the person's blood; or
(2) two hundred ten (210) liters of the person's breath;
commits a Class A misdemeanor.
(c) A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body commits a Class C misdemeanor.

But I was wrong anyway Librium is listed as a Schedule IV drug so he would of been safe anyway.
And if his Dr. would of testified that he gave the ok for a couple of drinks while on it that could of been a defense also.
(d) It is a defense to subsection (c) that the accused person consumed the controlled substance under a valid prescription or order of a practitioner (as defined in IC 35-48-1) who acted in the course of the practitioner's professional practice.
As added by P.L.2-1991, SEC.18. Amended by P.L.33-1997, SEC.7; P.L.266-1999, SEC.2; P.L.1-2000, SEC.6; P.L.1-2000, SEC.7; P.L.175-2001, SEC.5.
http://www.in.gov/legislative/ic/code/title9/ar30/ch5.html

And when they say metabolite if you test positive for marijuana or other drugs in a piss test they can say you were under the influence even if you smoked last week. In indiana any conviction for marijuana is a mandatory one year license suspension even if you were walking down the street with a joint in your pocket and not driving.

[AnticorRifling]

May I ask which part? Or just all of it? I'm actually curious. Because from your info your in Indy. And from some of your previous posts I think your either in the law enforcement community or very familiar with them.

I was disagreeing with the part where you said a DUI is basically anything the cop says. Push comes to shove there does have to be justification and proof or the cop finds himself in a hurt locker.

I'm not in law enforcement (yet....) I am very familiar with them though as I work with them daily at my stress relief job (God bless you shoplifters). I've yet to see any of the officers I deal with do anything that's not professional and by the book in regards to the shop lifters I app.

[AnticorRifling]

And when they say metabolite if you test positive for marijuana or other drugs in a piss test they can say you were under the influence even if you smoked last week. In indiana any conviction for marijuana is a mandatory one year license suspension even if you were walking down the street with a joint in your pocket and not driving.

Which I agree with.

[TheRunt]

[QUOTE=AnticorRifling;774316]I was disagreeing with the part where you said a DUI is basically anything the cop says. Push comes to shove there does have to be justification and proof or the cop finds himself in a hurt locker.

Yeah I probably wrote that wrongly. But a cops word that you were acting intoxicated does carry a lot of weight in court. Who's a judge or jury going to believe? A cop? or a accused drunk/intoxicated driver? He says you stumbled walking the line or that your eyes didn't follow the light. Well.. Its his word against yours.

[Mighty Nikkisaurus]

Yeah I probably wrote that wrongly. But a cops word that you were acting intoxicated does carry a lot of weight in court. Who's a judge or jury going to believe? A cop? or a accused drunk/intoxicated driver? He says you stumbled walking the line or that your eyes didn't follow the light. Well.. Its his word against yours.

"His word vs. Cop's word" doesn't (or at least shouldn't) hold up in a court of law.

There has to be hard evidence, not a subjective experience. Some of the flimsiest evidence you can have in a court case is witness's testifying -- that's why in cases where witnesses are used as the main evidence, it's usually not just a single one but a whole parade of witnesses with a few star witnesses. Because one simply isn't enough.

"But I saw him drunk!" coming from a cop is not really sufficient evidence to convict somebody of drunk driving. "But I saw him drunk!" and "here's his Breathalyzer test to prove it!" is.

[TheRunt]

"His word vs. Cop's word" doesn't (or at least shouldn't) hold up in a court of law.

There has to be hard evidence, not a subjective experience. Some of the flimsiest evidence you can have in a court case is witness's testifying -- that's why in cases where witnesses are used as the main evidence, it's usually not just a single one but a whole parade of witnesses with a few star witnesses. Because one simply isn't enough.

"But I saw him drunk!" coming from a cop is not really sufficient evidence to convict somebody of drunk driving. "But I saw him drunk!" and "here's his Breathalyzer test to prove it!" is.

Your right it shouldn't. But in reality it does to some degree anyway. And for a owi case most of them happen late night not too many other witnesses around other than the cop/cops. And any prosecuting atty. is going to bring up that they're trained to spot intoxication.