Thread: Dui

**GIROLAMO** · 11-22-2006, 07:44 AM

Can anyone hepl me with this.. I was out drinking one night with a friend.. I got a little drunk so mt friend offered to drive me home.. Well on the way home the car ran out of gas. My friends did not see that the car need gas. So we pushed the car to the side of the rode. We kinda get into a fight bc my car is vrand new and I was mad that the car ran out of gas. So we called a cab and left. I was sitting in the car waiting 4 someone to bring me gas when a cop pulled behined me and stared asking what was going on.. tild him what happend and he asked me to stepp out of the car.. He starts doing field test on me and took me into the station and busted me 4 DUI.. I dont understan why I was busted 4 that.. I was not driving.. The car was not drivable.. Does anyone have any advices.. Thank you

**lucabratzi** · 11-22-2006, 08:00 AM

were u sittin in the driver seat...were the keys in the ignition...were there other people with u...

**Hard Head** · 11-22-2006, 08:03 AM

Yeah, if you were in the drivers seat with the keys in the ignition, that constitutes 'intent to drive' in most states. I'd take this one to court, ask for a PD if you can't afford a lawyer. There is no proof that you drove any you will need your buddy to come to your trial and testify that he was driving.

Did they give you a breathalizer? What was yout BAC?

**GIROLAMO** · 11-22-2006, 08:13 AM

No the keys where not in the ignition.. Yes I was sitting in the driver seat. I refused the breathalizers bc I was not driving and I thought how could I be in trouble 4 just sitting there.. Yes I am going to trail on this and yes my friends is willing to come to court and say he was driving. Also on the report the cop lyed about stuff.. He said that I was in the car sleeping.. I was not. I do have a very good lawyer/ Paid alot 4 him. that really sucked.. But what do you think the chances of winning the case. I dont think I have any chances.

***G-1000*** · 11-22-2006, 08:20 AM

In order to get out of this. you will need to prove that the car was out of fuel and was not drivable. You will all need to friend to go with you to states that he was the one driving till you ran out of gas. Then he will have to stated he was the one thent went for the gas.

This is going to be a bitch. Your going to need to get a good lawyer.

**GIROLAMO** · 11-22-2006, 08:23 AM

I do have proofe the car had no gas.. At the impound the guy who towed my car sayed that car is out of gas and on the recet it also say no gas and ther person is willing to come to court and say that in person.

**cromwell1234** · 11-22-2006, 08:45 AM

hi my uncle is a retired NY cop, yes RETIRED, anyway he says all you can do is wait for the police report to come out, usally it takes 3-5 days, GO GET THE REPORT!! Read it, it should say if the keys where in the ignition or on your person, if they were not in the ignition, HOW the **** can you drive or intened to drive, so it should be a wash in court--hope this helps.
PS-for all others if you know your drunk, DRUNK!!-for god sake do not take any ****ing tests at all, no walk, no follow my pen, nothing, just say NO, NO
and yes you will be arrested, but how can they proove in court beyond a reasonable doubht that you were drunk,if they have nothing to go on, but the cops observation---DONT SUBMIT ANY TESTS!!!! its only evidece against you.

**rar1015** · 11-22-2006, 08:50 AM

I think you should be fine if you have all of the proof that you need.

**GIROLAMO** · 11-22-2006, 08:51 AM

I did read the report.. And the report sates that the keys where not in the ignition. That is way I dont understan why I am being charged with DUI.. I did not know that I caould reufes and feild test.. As soon as I steped out of the car he told me to look at his pen and never asked to give a test ot anything.. But I loss bc it his word agained mine..

**Mizfit** · 11-22-2006, 08:53 AM

Originally Posted by cromwell1234

hi my uncle is a retired NY cop, yes RETIRED, anyway he says all you can do is wait for the police report to come out, usally it takes 3-5 days, GO GET THE REPORT!! Read it, it should say if the keys where in the ignition or on your person, if they were not in the ignition, HOW the **** can you drive or intened to drive, so it should be a wash in court--hope this helps.
PS-for all others if you know your drunk, DRUNK!!-for god sake do not take any ****ing tests at all, no walk, no follow my pen, nothing, just say NO, NO
and yes you will be arrested, but how can they proove in court beyond a reasonable doubht that you were drunk,if they have nothing to go on, but the cops observation---DONT SUBMIT ANY TESTS!!!! its only evidece against you.

in some states refusing to take the test is an omission of guilt.

depends on the state.

the fact of the matter is your a fukin dick head for being anywhere near a car with intent to drive if your drunk. you could kill some one or yourself.

This particular instance he might have been innocent, but for everyone of these, there is 1000's of those who r guilty.

**cromwell1234** · 11-22-2006, 08:58 AM

You above chill out, nobody is perfect, in some states refussal will result in arrest, but if you know your drunk-NO TEST,SAY NO,-this way there is no evidence against you in court it will be nollied, but this only works once if you know what I mean, which brings me back to everyone screws up once in a while!!! PS- this america you don't have to do anything a cop tells you-yes you might get arrested anyway, but where is the proof--remember everything in every court in the USA has to be beyond a reasonable doubht!!

**Dangerdan** · 11-22-2006, 09:42 AM

I am an attorney. My first legal observation is that Cromwell1234 doesnt know what he is talking about.

You probably have a good shot at getting out of this one with a decent attorney. As a general rule, in order to be convicted for a DUI in most states, the prosecutor will have to show that you were (1) either operating or "in control" of a vehicle and (2) intoxicated. Since you admit you were intoxicated, the focus will be in whether or not you were operating or in control of the vehicle. A vehicle doesn't necessarily have to be running (turned on) for you to be in control of the vehicle.

Also, In some states, failure to consent to a breathalizer is a crime in and of itself punishable by lose of a drivers' license for one year.

**GIROLAMO** · 11-22-2006, 09:54 AM

Thanks Dangerdan.. I just kinda feel like I am being cornered.. I recived the discovery and hafe of what the cop said is a total lye. I did not want to talk to the offices. when I was arested I refued to talk to him. And he keeped asking me ??.. I told the offoses I was not driving and I was out of gas. But that is not in the report. Alll he said was that he smelled alcohol and he said I was in the car sleeping.. That is not true.. I was not sleeping. He also said that I told hom that I was to drunk to drive so I pulled over to sleep.. That is not true eather bc I told him the car has no gas.. He conduces himself in the report but the way I feel like that they are not going to believe me they are going to believe the cop..

**Dangerdan** · 11-22-2006, 09:58 AM

Remember that the burden is on them to prove your side of the story is a lie, not the other way around. If you have a good lawyer, preferably one who specialized in DUIs, he should be able to tell you what your chances look like.

**Dangerdan** · 11-22-2006, 09:59 AM

Good luck. Shoot me a PM if I can help.

**GIROLAMO** · 11-22-2006, 10:04 AM

Thanks Dangerdan I really appreciated it it.. lawyer says it like 60 40 shot that I have to get off but he says you never know what happends in court

**biglouie250** · 11-22-2006, 10:08 AM

Originally Posted by cromwell1234

You above chill out, nobody is perfect, in some states refussal will result in arrest, but if you know your drunk-NO TEST,SAY NO,-this way there is no evidence against you in court it will be nollied, but this only works once if you know what I mean, which brings me back to everyone screws up once in a while!!! PS- this america you don't have to do anything a cop tells you-yes you might get arrested anyway, but where is the proof--remember everything in every court in the USA has to be beyond a reasonable doubht!!

driving is a privilage not a right. if you refuse to take a field sobriety test you are pretty much guilty in the eyes of the court.

the law: "the refusal will carry increased penalties on the driving under the influence charge (typically a longer license suspension and/or an increased jail sentence), and the act of refusing may be admissible in court as evidence of "consciousness of guilt". In some jurisdictions, refusing to take a breathalyzer test is an offense in itself. In an increasing number of jurisdictions, if the suspect refuses to take a chemical test the police will restrain the individual and forcefully withdraw blood; he may still be be punished for refusing. This is particularly common in situations involving an accident with injury or death. In some jurisdictions this may require obtaining a warrant from a judge."

**Dangerdan** · 11-22-2006, 10:19 AM

Originally Posted by biglouie250

if you refuse to take a field sobriety test you are pretty much guilty in the eyes of the court.

This is absolutely incorrect from a legal perspective, however, unfortunately there are judges who imporperly consider a refusal to take a breahtalizer when determining guilt. So in a sence, Biglouie makes a point. Either way, my advice to clients, and the advice of pretty much every attorney I know is, dont take the test if you think you may be over the limit.

**Schmidty** · 11-22-2006, 12:32 PM

I thuink if you have a good layer you will be straight. As lonmg as you can prove you wernt asleep and you wernt drivin

**ect0m0rph** · 11-22-2006, 02:41 PM

Wow that sucks, DUI's stick with you for a while I would definitely fight it, and if you have the money get a good lawyer. Get this off your record as soon as you can.

**Triple X** · 11-22-2006, 05:03 PM

If you punch yourself in the mouth and make yourself bleed, i think it nulls the breathalizer test. You can't get an accurate reading if you have a cut in your mouth.

***perfectbeast2001*** · 11-22-2006, 05:11 PM

Originally Posted by Triple X

If you punch yourself in the mouth and make yourself bleed, i think it nulls the breathalizer test. You can't get an accurate reading if you have a cut in your mouth.

but you might get locked in a mental asylum when the cop sees you punching yourself!!

**cromwell1234** · 11-22-2006, 08:41 PM

**cfiler** · 11-22-2006, 10:28 PM

Originally Posted by cromwell1234

Ya listen to Dangerferry above and your surely go to jail, yes dangerferry wants you to tell the cops everything so he can make a living,-- REFUSEL IS NOT EVIDENCE retard, but it could result in a arrest for a particular state in accordence with their DUI laws. Laws that govern arrest are not evidence , you must be a -lawyer for the blind/confused Dangerferry***

???

Are you reading the same posts I am? Maybe instead of reading Dangerferry's posts, you should read DangerDan's posts?

He did post, to not take the test if possible. How does telling the cops everything help a lawyer?

You seem to be attacking alot of people here, and not providing any evidence to support your ideas.

**ecivon** · 11-22-2006, 10:50 PM

In the state of Washington you can refuse to take the field tests and breathalyzer, but doing so you're supposed to lose your license for one year.
What you have to do is within 30 days of the infraction you have to send the DOL $200 and file for a hearing before the DOL magistrate to explain the circumstances and present your evidence and witnesses to prove you were not under the influence. Pretty difficult to do that as the magistrate works for the DOL and is not exactly unbiased. They simply won't take your word for it, or from any of your witnesses.

In this state though a DUI isn't that big of a deal with the courts anyway as is GTA. DUI's are usually bargained down to neg. driving and you keep your license. It takes several DUI arrests before you actually lose your license and then most hard core drunks keep driving, whether they have a license or not. Interlocks are the courts preferred method of deterrence and they are easy to manipulate. We just had a guy with 9 DUI arrests get his 10th and he still has his license. If you hurt someone though and you are under the influence you'll definitely get time, but not much. A guy gets arrested 7 times for GTA before he gets any jail time and then it's minimal. The best way to curb repeat DUI offenders is to impound their vehicle with the first offense, un-appealable and unbargainable.

**powerdogs** · 11-22-2006, 11:34 PM

Ya I dont agree with dangerdan. not giving you great advise, probably a dime store lawyer===

**kloter1** · 11-23-2006, 01:13 AM

if the keys were not in the ignition and the battery wasnt on then there is nothing on you for a dui. it sounds like you have the proof needed to have this charge dismissed.

dui's nowadays are brutal. i saw on the news that 2nd time repeat offenders get booze & drug test once a week. have to meet 3 times a week with a PO, weekly meetings at NA and AA. no license and a ton of community service. i got a dui 3 years ago and boy did that scare the piss outta me. havent driven with anything in my system since.

**stuball** · 11-23-2006, 07:34 AM

Originally Posted by kloter1

if the keys were not in the ignition and the battery wasnt on then there is nothing on you for a dui. it sounds like you have the proof needed to have this charge dismissed.

dui's nowadays are brutal. i saw on the news that 2nd time repeat offenders get booze & drug test once a week. have to meet 3 times a week with a PO, weekly meetings at NA and AA. no license and a ton of community service. i got a dui 3 years ago and boy did that scare the piss outta me. havent driven with anything in my system since.

In NY, even if your sleepin in the back seat with the keys in you pocket you get arrested, Why ?? Because there is always a chance that you can start the car and drive off and kill somebody, pocket or ignition no difference, and if you refuse in NY to blow, one year suspended license, no matter what the outcome in court..

**GIROLAMO** · 11-24-2006, 06:32 AM

Yeah.. I live in NJ.. The lawys here are very crazy on DWI.. and the penaltys are alot and the finds are so high

**CSAR** · 11-24-2006, 08:51 AM

Sounds like you were doing things right (i.e., designated driver) and things went wrong when you ran out of gas. As long as you can provide evidence to support your arguments, then a judge with common sense should throw the case out (I hope so, knock on wood). But you never know in court, so have all your ducks in a row, dress respectably (not flashy), and conduct yourself in a mature/respectful manner. Best wishes and good luck!!

**ecivon** · 11-24-2006, 01:38 PM

Originally Posted by CSAR

Sounds like you were doing things right (i.e., designated driver) and things went wrong when you ran out of gas. As long as you can provide evidence to support your arguments, then a judge with common sense should throw the case out (I hope so, knock on wood). But you never know in court, so have all your ducks in a row, dress respectably (not flashy), and conduct yourself in a mature/respectful manner. Best wishes and good luck!!

Don't underestimate this. Your appearance and demeanor in court carries alot of favorable weight with a judge.