am i in trouble?

**gixxerboy1** · 07-23-2007, 10:25 AM

Sat night i got pulled over for 59 in 50mph. I was drinking earlier in the night. They asked me to do some field sobriety test. I passed the holding the foot up and the walking the line. They said my eyes moved choppy when following the pen that they wanted me to do a breathalyzer. I blew a .09. I only did it once. They read me my rights wrote me a ticket and brought me to county. All this took about an hour. When they went to accept me at county they had me do a breathalyzer and it was .058. They said i was good gave me my tuck keys and told me to go home?

i did get the ticket but who was right?

**bpm1** · 07-23-2007, 10:44 AM

they might get u for the dui as u blew .09 in the field. ive always heard if u r'nt sure refuse the breathalizer until u get to the station as it gives time for ur bac to go down as ur's did, let us know what happens, did they say the ticket was for dui??

**Renesis** · 07-23-2007, 10:50 AM

Do not refuse the breathalizer...... I am not 100%sure how it works for Jersey, but in New York when you obtain your license you imply that you will agree to the breathlizer and when you do refuse it BYE BYE license (suspension).

**QuieTSToRM33** · 07-23-2007, 10:52 AM

Was the ticket for speeding ? ... or DUI ?

**gixxerboy1** · 07-23-2007, 10:55 AM

Originally Posted by QuieTSToRM33

Was the ticket for speeding ? ... or DUI ?

One of each.

I did blow the breathalyzer. I wasn't sure if i should and i always heard if your not sure don't do it. But i really thought i was ok and i read all the paperwork and if you don't blow its pretty much the same penalty then blowing over.

I was in delaware at the time

**kfrost06** · 07-23-2007, 10:55 AM

Originally Posted by gixxerboy1

Sat night i got pulled over for 59 in 50mph. I was drinking earlier in the night. They asked me to do some field sobriety test. I passed the holding the foot up and the walking the line. They said my eyes moved choppy when following the pen that they wanted me to do a breathalyzer. I blew a .09. I only did it once. They read me my rights wrote me a ticket and brought me to county. All this took about an hour. When they went to accept me at county they had me do a breathalyzer and it was .058. They said i was good gave me my tuck keys and told me to go home?

i did get the ticket but who was right?

The hand held breath analyzers can not be used in court, they are inaccurate, the ones at the station are calibrated and are the ones that the court goes by. You are fine legally.

**Conservative** · 07-23-2007, 10:56 AM

Call the police (or county, depending who pulled you over) station and ask them how it's being processed. The clerk should be able to tell you.

If it's being processed as a felony DUI then they should give you a court date. If so, hire an attorney immediately. He should be able to get you out of this, although I don't know NJ law.

What does the ticket say?

**Superhuman** · 07-23-2007, 11:01 AM

Originally Posted by kfrost06

The hand held breath analyzers can not be used in court, they are inaccurate, the ones at the station are calibrated and are the ones that the court goes by. You are fine legally.

This is correct to an extent. Handheld breath tests can be used, but only as a positive or negative result. They can't say in court how high you blew on THAT test, just that you did blow. Each test (holding foot up, counting up and down, nystagmus, and breath test) holds the same weight, so if you pass everything yet you blow on that it doesn't mean you're drunk. The one at the station IS accurate though and it outweighs all the other tests and it CAN be used in court.

**StoneGRMI** · 07-23-2007, 11:14 AM

Originally Posted by gixxerboy1

Sat night i got pulled over for 59 in 50mph. I was drinking earlier in the night. They asked me to do some field sobriety test. I passed the holding the foot up and the walking the line. They said my eyes moved choppy when following the pen that they wanted me to do a breathalyzer. I blew a .09. I only did it once. They read me my rights wrote me a ticket and brought me to county. All this took about an hour. When they went to accept me at county they had me do a breathalyzer and it was .058. They said i was good gave me my tuck keys and told me to go home?

i did get the ticket but who was right?

I wouldn't be too worried. I was with my brother one time when he got pulled over and blew a .09 and the officer just made us sit there for 10 minutes before driving home because he said by the time he got my brother arrested, transported to the county, booked, and then did the breathalyser that he wouldn't register anything illegal so it wasn't worth his time.

**Stock** · 07-23-2007, 01:42 PM

You should be good. I'm sure they would have booked you if you were being charged for DUI. They def wouldnt have given your keys back. I'd make sure the DUI Ticket is voided or processed, and get ready ot cough up the $$ for the speeding ticket

**tony540i** · 07-30-2007, 07:00 AM

yea i think you should def. be ok...i had a DUI like 2 years ago, however, i blew a .16 (lol) not to much i could do in that situation, except for pay a shit load of $ in fines and court fees and yada yada yada (so not worth it) but yea if you blew a .05 at the station, i think your alright....would def. get an attorney though, i'm sure they'll make some sort of deal with the prosecutor to throw that DUI ticket out! also, 59 in a 50??? cop was just being a total dick!

**Jiesel** · 07-30-2007, 09:00 AM

depending where you were in DE cops can be tight on speed...particularly in the wee hours of the morning when the odds go up that people on the road have been drinking. I also would advise against refusing the breathalizer. In DE they can call a paramedic to the scene and hold you down and take your blood If you refuse.

**goodcents** · 07-30-2007, 09:41 AM

You're going to keep messing around and get in trouble one day

Take it from your cyber buddy, "legal trouble is the easiest thing to get into and one of the hardest things to get out of

"Once they have you in the system you have to jump hurdles and kiss ass to get out of it.

**gixxerboy1** · 07-30-2007, 10:19 AM

Originally Posted by goodcents

You're going to keep messing around and get in trouble one day

Take it from your cyber buddy, "legal trouble is the easiest thing to get into and one of the hardest things to get out of

"Once they have you in the system you have to jump hurdles and kiss ass to get out of it.

Your right.

Will you bake me a cake with a file?

**dedic8ed1** · 07-30-2007, 01:10 PM

Originally Posted by gixxerboy1

Sat night i got pulled over for 59 in 50mph. I was drinking earlier in the night. They asked me to do some field sobriety test. I passed the holding the foot up and the walking the line. They said my eyes moved choppy when following the pen that they wanted me to do a breathalyzer. I blew a .09. I only did it once. They read me my rights wrote me a ticket and brought me to county. All this took about an hour. When they went to accept me at county they had me do a breathalyzer and it was .058. They said i was good gave me my tuck keys and told me to go home?

i did get the ticket but who was right?

I'd say any night that you avoid going to the county,is a good night.I know because I was in camden county jail for 2 weeks and it was no vacation.If it's your first offense get a good laywer and you'll keep your license,but I'd expect your insurance to go up,and in the great state of new jersey which is one of the highest ranking insurance premiums in the country you'll be sure to have your heart broken every time you make your payments.My first year with insurance after I lost my L'S was 3,500 second 2,900 and next year I hopr to be in the low 2 g range.My advice would be to get an insurance policy with new jersey manufactures as they are the best in the state.Good luck,

And next time get a designated driver or find a couch.There's nothing worse then being "THAT GUY"

**goodcents** · 07-30-2007, 02:18 PM

Originally Posted by gixxerboy1

Your right.

Will you bake me a cake with a file?

Fukin' up gix

Legal trouble is money down the hole.

Have some chic take you home from now on. Daddy has spoken

**kfrost06** · 07-30-2007, 02:21 PM

Originally Posted by dedic8ed1

I'd say any night that you avoid going to the county,is a good night.I know because I was in camden county jail for 2 weeks and it was no vacation.If it's your first offense get a good laywer and you'll keep your license,but I'd expect your insurance to go up,and in the great state of new jersey which is one of the highest ranking insurance premiums in the country you'll be sure to have your heart broken every time you make your payments.My first year with insurance after I lost my L'S was 3,500 second 2,900 and next year I hopr to be in the low 2 g range.My advice would be to get an insurance policy with new jersey manufactures as they are the best in the state.Good luck,

And next time get a designated driver or find a couch.There's nothing worse then being "THAT GUY"

$3,500 a year

I would have to shoot someone over that! I pay $75/year in LA county, I drive a motorcycle.

**goodcents** · 07-30-2007, 02:41 PM

Originally Posted by kfrost06

$3,500 a year

I would have to shoot someone over that! I pay $75/year in LA county, I drive a motorcycle.

So that is you in the avatar. I knew it

**gixxerboy1** · 07-30-2007, 03:15 PM

Originally Posted by kfrost06

$3,500 a year

I would have to shoot someone over that! I pay $75/year in LA county, I drive a motorcycle.

When i was younger i paid close to that with zero points. Just bwecause i was a young male in NJ with a nice car

**gixxerboy1** · 07-30-2007, 03:16 PM

Originally Posted by goodcents

Fukin' up gix

Legal trouble is money down the hole.

Have some chic take you home from now on. Daddy has spoken

ok step one get a GF with a car

I agree. I honestly thought i was fine to drive. I knew i had a long ride and purposely waited after drinking to drive home

**goodcents** · 07-30-2007, 04:17 PM

Originally Posted by gixxerboy1

ok step one get a GF with a car

I agree. I honestly thought i was fine to drive. I knew i had a long ride and purposely waited after drinking to drive home

That first one kind of knocks me out too

Plus all the chics I mess with are usually plastered so that doesn't help

**sooners04** · 08-01-2007, 02:46 AM

The field sobriety manuevers and PBT (preliminarly breath test) are used to establish probably cause that you are impaired. Then after PC is established you are taked to jail to give a breath, blood or urine sample. This is the hard evidence against you that will come up in court. You will lose your license if you refused ANY of the breath tests. No, they cannot hold you down and take your blood without your permission, it violates the 4th amendment.

**goodcents** · 08-01-2007, 09:21 AM

Originally Posted by sooners04

The field sobriety manuevers and PBT (preliminarly breath test) are used to establish probably cause that you are impaired. Then after PC is established you are taked to jail to give a breath, blood or urine sample. This is the hard evidence against you that will come up in court. You will lose your license if you refused ANY of the breath tests. No, they cannot hold you down and take your blood without your permission, it violates the 4th amendment.

I saw it on cops just a couple of weeks ago

They "told" him they were drawing blood and that he had no choice.

**kfrost06** · 08-01-2007, 11:19 AM

Originally Posted by gixxerboy1

Sat night i got pulled over for 59 in 50mph. I was drinking earlier in the night. They asked me to do some field sobriety test. I passed the holding the foot up and the walking the line. They said my eyes moved choppy when following the pen that they wanted me to do a breathalyzer. I blew a .09. I only did it once. They read me my rights wrote me a ticket and brought me to county. All this took about an hour. When they went to accept me at county they had me do a breathalyzer and it was .058. They said i was good gave me my tuck keys and told me to go home?

Wait you said you passed the sobriety test, I found the video and it looks bad for you...

http://youtube.com/watch?v=7U-wNvF07I4

**l2elapse** · 08-01-2007, 11:58 AM

Originally Posted by kfrost06

Wait you said you passed the sobriety test, I found the video and it looks bad for you...

http://youtube.com/watch?v=7U-wNvF07I4

that def hurt

**PEWN** · 08-01-2007, 12:04 PM

Originally Posted by kfrost06

Wait you said you passed the sobriety test, I found the video and it looks bad for you...

http://youtube.com/watch?v=7U-wNvF07I4

lol.... def not looking good for you man...

**pumpd4lif** · 08-02-2007, 02:56 PM

Originally Posted by kfrost06

Wait you said you passed the sobriety test, I found the video and it looks bad for you...

http://youtube.com/watch?v=7U-wNvF07I4

hahahahah wow it cant look any worst then that

**Panzerfaust** · 08-02-2007, 09:00 PM

I would take this as a sign to stop drinking and driving. Consider yourself warned.

**gixxerboy1** · 08-02-2007, 09:24 PM

Originally Posted by muriloninja

I would take this as a sign to stop drinking and driving. Consider yourself warned.

You are right and it scared the crap out of me. I honestly waited about 3 hours after i stopped drinking on purpose. I thought i was fine.

I just got my court date not until Dec. Apparently they are in a rush to get drunks off the road.

**johnmacdan** · 08-02-2007, 11:23 PM

In KY portable breathalyzer tests are inadmissable in court by either party. You can refuse them and the field sobriety tests. If they have probable cause then they can ask for a breathalyzer at the station and/or blood test. Refusing these is an automatic 6 months license suspension.

Something to watch out for is many laws are presumptions. In KY .08 presumes you are DUI. However, you can be convicted of DUI on anything over .05. They have to prove it using field sobriety tests or other evidence. Anything below .05 presumes you are not DUI.

There are many tricks to the trade on getting out of DUI. I recently attended a seminar on this. A good attorney can get you out of about any close call.