That is very possible, who knows from one judge to another, or one jury to another. It just seems to me that it wouldn't be wise to provide further evidence of your guilt.
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That is very possible, who knows from one judge to another, or one jury to another. It just seems to me that it wouldn't be wise to provide further evidence of your guilt.
Quote:
Originally Posted by brian11
actually bro if im not misdtaken, its only not cooperating with them if they make a demant of u. if they ask would u like to step out of your car u dont have to. but most of them time then they will just tell ya to get out of the f-ing car. lol
what is really fuked up is that a DWI nowadays...even though the charge is just DWI...no wreck, not speeding, you got it on your own time, etc.....the charge will haunt you for 10 years......can keep you from getting a job....get you fired from a job....cancel your insurance......just for drinking a few beers and exceeding BAC of .08, which is a really low number to begin with. Pretty soon, just having a drink period and driving will get you thrown in jail.
DAMM (Drunks Against Mad Mothers)
peace,
ttgb
Take A Cab You Cheap Fvck Lol
Quote:
Originally Posted by biglouie250
Great Idea.....ever leave your vehicle in a club parking lot before?? Not so good.
AHH YEA NEVER DO THAT! I take the train to the city for clubs so i take my car out of the picture.....i just leave it at the train station hahaha
The only club I've been to in six years is Club Home, I'm a pus*y now but I am sane.
Exactly same here. Big difference between Intox and influence.
Quote:
Originally Posted by biglouie250
The best thing to do is take your lumps when they come. Unless you have a ton of money for a jury trial or even a few grand for an atty to plea it down, it's gonna look a lot better to the juge if you cooperated IMO. Don't do the crime if you can't do the time.
In my state...most the time they will plead it down to wreckless, make you get a alcohol dependence test, attend a victim impact panel and stay out of trouble for a year and it goes away.
Pisses me OFF!!!!
Something else I'd like to add is the cop can make you or break you in court in most cases. What they have to say about your cooperation & character to the prosecutor will play a big role in your sentencing IMO.
Very true. Your attitude plays a big role in how the report is written and the officer's testimony.
I dont know where you are from bro, but everything i have said holds true in NC. No difference btween DUI and DWI. If you dont blow a .08, then you get to hit the road. And not taking a field sobriety test will not guarentee a DUI, but taking one and failing will. Like i said, my brother is a cop and i have the utmost respect for them. But if i get pulled and i know i will blow over a .08, then im going to refuse to take it. I realize its a privelage to drive, but so is living and people still take that for granted. No one is perfect, the point of the thread was to enlighten someone about the laws and their options. Good day.Quote:
Originally Posted by biglouie250
The cops on my brothers force are so fed up with people getting off. Its gotten to the point where half the time they wont even show up for their court date because the judge lets everyone off.Quote:
Originally Posted by Commando_Barbi
if im not mistaken if u step out of ur car after a cop pulls u over before he comes to talk to u, u will have a 357 aimed at ur head....Quote:
Originally Posted by Decadbal
LOL, good point. Whats funny is that when i did a ride along with my brother he pulled someone over. He was running the tags and i said "i think hes getting out" bc the guy stuck his head out of the window. My brother said the exact same thing that you just wrote, "he better not or hes gonna have a 45 in his face" hahaQuote:
Originally Posted by Khull_Khuum
At least i think its a 45, i cant remember what they carry.
never met a cop who carried that big of a popper... i used a 45, which was huge to most bros... and whenever i get stopped i get out showing my hands, u dont have to stay in the car, you have as many rights outside as inside and i want him to know i am not to be pushed around, i know my rights and if im wrong i deal with em if not then he will listen to me bc he has to...Quote:
Originally Posted by Khull_Khuum
yea im not clear on all that but cops tend to get excited when u get out of the car before they have a chance to check things out....
Okay..Attempt number two..And I am stating facts only about the 2 states I have lived in..
1.) When you are pulled over for suspected DUI, you have to provide identification to the officer..
2.) If he asks you to step out of your vehicle, failure to comply with that request is considered non-compliance and will only escalate things in what they call the force continuum..Verbal non-compliance I believe is the term..Once you get to that stage, things are going to escalate..
Once they do get you out of the vehicle, although you DO NOT have to take any field sobriety tests, it is all documented in the officer's field notes and goes in the case report that will eventually be sitting in front of the judge..You DO NOT have to take what they call a PBT(portable breath test), which is a field version of the state certified "Intoxilyzer" that will give the final reading at the jail..Failure to comply with all of these requestsresults in the officer reading the "Implied Consent Law"..Once you are read that, they place you into custody and transport you to the jail..
Once at the jail, a certified breath test operator reads off a series of statements and asks you if you will submit to a breath test..You can either say yes or no..No results in immediate arrest AND forfeiture of your license for one year..This is automatic upon refusal..If you take and fail the test, obviously you are incarcerated as well..Even if you do take and pass the test, depending on what the officer can articulate, you can still be arrestedfor driving under the influence..This is put into place because many people combine drugs and alcohol..
Best bet is to take your chances and take the test..At least you have a chance..If you refuse, you are screwed right off the bat..All the tricks you hear that will be the test are a crock..The machine just gives an "Invalid Sample" and the test is cancelled..
If you look at a Probable Cause Affadavit there are a ton of factors that determine if you are incarcerated..All of the things at the scene, cooperation, behavior, actions, field sobriety tests, etc..The more of a pain in the ass you are, the worse off you are going to be in the end..
ANd from a medical standpoint I want to add in one more thing that MANY people have incorrect information on..
When an officer detects the odor of an alcoholic beverage on you, it is VERY rarely what he is detecting off of your breath..Mouth wash, gum, cigarettes, etc..do nothing as far as that's concerned..The odor is from the metabolizing of the alcohol and it being excreted through your pores..As you metabolize the alcohol, it is purged through your pores into the air..
Doc M
I carry a 9 right nowQuote:
Originally Posted by Khull_Khuum
Very well stated Doc.
By law, backed up by the Supreme Court recently, you must produce ID when an officer is investigating a crime. Also if you are operating a motor vehicle, you must be able to produce a drivers license.
You said pretty much what I was saying.....just a bit more eloquently :).
C.B.
Quote:
Originally Posted by Doc M
thanks Doc M
sssssssssssssssssssssssssssss
JUST ADDING THIS IN FOR FUN!
http://www.flexyourrights.org/
That's unfortunate...I haven't seen that here....but Im new to the gameQuote:
Originally Posted by brian11