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Girls call 911 on dad for drinking and speeding


Casper

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how can someone have 5 dui arrestes... and still be and the streets

Because it's nigh impossible to convict someone of it. I sat on a jury in a DUI case, we had to let him go because there was too much doubt.

 

You know what really sucks? If you decline a breath test, it's completely inadmissable in court. Not just that you declined it, but that it was EVEN OFFERED AT ALL!

 

Drunk drivers piss me off. Good on the girls for calling 911. A friend of mine had a great bumper sticker:

 

Driving Drunk?

Take off your Seatbelt!

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if you decline a breath test you lose your license for a year.

 

Not totally true. The arresting officer will tell you that, but with a good attorney, it will get knocked down to a reckless op or possibly even lower than that and you will keep your license. An attorney once told me to ALWAYS refuse to take the tests.

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Not totally true. The arresting officer will tell you that, but with a good attorney, it will get knocked down to a reckless op or possibly even lower than that and you will keep your license. An attorney once told me to ALWAYS refuse to take the tests.

 

 

if it gets knocked down to a reckless opp that doesn't mean you get you license back. you lose the license for a year automatic for refusing to blow not for being intoxicated. as long as they have reason to believe you may be intoxicated. I.E. not being able to walk a straight line and such. there is two case's one is a dmv case for the license and another is the court case.

 

whats the code to make text bold in here?? i dont remember.

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Props to the daughter for calling the cops, that was a good move.

 

"Montoya admitted to drinking a six-pack of beer."

 

"officers could not complete a sobriety test on Montoya because he could not stand without possibly falling down."

 

Wow, he got that trashed just from a six-pack of beer? What a lightweight

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if it gets knocked down to a reckless opp that doesn't mean you get you license back. you lose the license for a year automatic for refusing to blow not for being intoxicated. as long as they have reason to believe you may be intoxicated. I.E. not being able to walk a straight line and such. there is two case's one is a dmv case for the license and another is the court case.

 

whats the code to make text bold in here?? i dont remember.

If you're not intoxicated, go ahead and do the brethalyzer. But if you are, it's better not to, unfortunately.

 

I forgot to mention, you know what ALSO isn't admissable in court (i.e. can't even be MENTIONED)? Previous DUI arrests. If some guy's been picked up 10 times for DUI, the jury won't know it and will only be dealing with the arrest in question as if it was his only one.

 

I guess the moral of the story is, if you see a drunk driver on the road, run him off and hope he totals his car and kills himself. :mad:

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if it gets knocked down to a reckless opp that doesn't mean you get you license back. you lose the license for a year automatic for refusing to blow not for being intoxicated. as long as they have reason to believe you may be intoxicated. I.E. not being able to walk a straight line and such. there is two case's one is a dmv case for the license and another is the court case.

 

they SAY you lose the license, but like the other dude said, if you get a good attorney, and if its a first offense, they will most likley give it back to you. my best friend got a dui when he was 21. refused the test. when he went to court monday morning (got busted saturday) his attorney got his license back for him. he went to the DMV that day and said he misplaced his wallet and needed a new license. it was not in the computer that he got arrested 48 hours prior.

 

An attorney once told me to ALWAYS refuse to take the tests.

 

yup. you dont see the judges and senators taking it when they get pulled over 3 sheets to the wind. the reason is simple. DUI is a crime of OPINION.

 

its the cops OPINION (based on your actions... swerving etc) that you are over the legal limit. maybe you just stagger around and slur your words and act like an asshole all the time... the only way they have to PROVE you are over the legal limit, is the test.

 

if you dont take the test, then they have no evidince to convict you. if you take the test, you are just giving the state the evidence to convict you. the cop will PRETEND to be your buddy, and tell you it will go easier for you blah blah blah. total bullshit and he knows it.

 

the other thing the cops DONT tell you (because he really ISNT your buddy) is that yes, you may lose your license for a year if you dont submit to the test, but even if you do take the test, and you get convicted, then you're going to lose it anyway. for at least six months, maybe a year or more, depending on what you blow.

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